HomeMy WebLinkAbout6976_CCv0001.pdf RESOLUTION NO. 6976
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
APPROVING CONDITIONAL USE PERMIT NOS. 950, 951 AND 952 FOR
CEMEX CONSTRUCTION MATERIALS PACIFIC, LLC'S AGGREGATE
MINING OPERATIONS LOCATED WITHIN THE SANTA ANA RIVER
WASH AREA
BE IT RESOLVED,by the City Council of the City of Redlands as follows:
Section 1. That the City Council hereby approves Conditional Use Permit Nos. 950,
951 and 952 (collectively, the"Projects") subject to the conditions of approval attached hereto as
Exhibit "A,"and based upon the following findings:
A. That the proposed Projects will not adversely affect the applicable land use plans
of the City because the proposed mining operations are conditionally permitted
uses within the 0 (Open Land) District, and are consistent with the General Plan
land use designation of the Santa Ana River Wash which is Flood
Control/Construction Aggregates/Conservation Habitat Preservation, as well as,
the land uses included within the recently approved Upper Santa Ana River Wash
Land Management and Habitat Conservation Plan;
B. That development of a the proposed Projects will not be detrimental to the public
health, safety and welt-are because the proposed mining operations will be
conducted in accordance with all state regulations governing such mining. In
addition, the mitigation measures contained in the Final Environmental Impact
Report for the Upper Santa Ana River Wash Land Management and Habitat
Conservation Plan have been incorporated into the City's conditions of approval
applicable to each of the Conditional Use Permits authorizing the mining
operations, to address environmental impacts generated by the Projects;
C. That the proposed Projects will comply to the maximum extent feasible with the
regulations of the City's General Plan, the applicable zoning district, and the
City's land use development standards, because the proposed mining operations
are required to be developed in compliance with the "Guiding and Implementing
Policies" of the Flood Control/Construction Aggregates/Conservation Habitat
Preservation land use designation of the Redlands General Plan, and all.
development standards of the City's 0 (Open Land) Zoning District, and in
accordance with the City's Surface Mining and Land Reclamation laws; and
D, That the proposed Projects are appropriate at their proposed locations because
mining operations have been conducted in the Santa Ana River Wash area for
decades, and each mining operation is designed to either locate its mining
activities in an area where mining currently exists, or immediately adjacent to a
mining area with poor to marginal habitat quality, thus reducing impacts to
undisturbed areas of significant habitat quality,
ADOPTED, SIGNED AND APPROVED this 3rd day of August., 2010.
z/
Mayor of City of Redlwids
ATTEST:
Oily
Clerk
1, Sam Irwin, City Clerk of the City of Redlands, hereby certify that the foregoing Resolution
No. 6976 was duly adopted by the City Council at a regular meeting thereof held on the 3rd day
ofAng,ust,2 010 by the following vote:
AYES: Councilmembers Harrison, Gallagher, Aguilar; Mayor Gilbreath
NOES- None
ABSENT: Councilmember Bean
ABSTAIN: None
Sam Irwin, City Clerk?
EXHIBIT `A'
TO RESOLUTION NO. 6976
CONDITIONAL USE PERMIT
NOS. 966, 951 , AND 952
CONDITIONS OF APPROVAL
PROVIDED ON CD
DEVELOPMENT SERVICES DEPARTMENT
PLANNING DIVISION
CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT NO, 950 (EAST QUARRY NORTH)
Date of Preparation: March 3, 2010
Planning Commission Date: June 8, 2010
Applicant: Cemex Construction Materials Pacific LLC
The Conditions 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.
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 (USFWS) approves a Habitat Conservation Plan
(HCP) and companion Habitat Management Plan (HMP);
• The USFWS, 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 Cemex'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.
• The Vacation of the Church Street right-of-way must be approved and recorded.
This Conditional Use Permit is for implementation of a Mine and Reclamation Plan for
the East Quarry North located in the Upper 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 Alabama Street Quarry and the West Quarry, which are also Cemex
operations within the Upper Santa Ana River Wash Aggregate Lands, the East Quarry
North shall be permitted to produce up to a combined 3,000,000 tons annually
I• 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
Conditional Use Permit No. 950
Conditions or Approval
Page
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 ars 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 leas than sixty (60) nor more than
ninety (90) calendar days before the expiration of the twenty-four (24)
month period.
NOTE- All required do-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/car
entitlements approved by the City of Redlands and/or the County of San
Bernardino for the subject site
CONDITIONS OF APPROVAL
A. Prier 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 o
Approval for the Reclamation blain. The reprised Reclamation:Plan shall be bound
in a -ring notebook and shall incorporate the reveetation 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 he available to the inspector at all required''
monitoring visits. The revised Reclamation flan and attendant snaps shall be
identified'as Exhibit A to this approval.
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 sun's of $10,000.00 for the first three years of the
life of this permit, and in the sun 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
Conditional Use Permit Nes 950
Conditions of Approval
Page
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 bath the City and the department of Conservation;
& 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 approved estimated
reclamation procedures of miring in the previously disturbed and undisturbed
areas and shall be submitted within sixty 50j days of after Project approval.
Each years, following the annual rine site inspection, the assurance amount shall
be adjusted to account for new lands disturbed by the surface mining operations,
inflation, and reclamation of land's 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 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 27731 and 2774.1
of the Surface Mining and Reclamation Act aMARAj, 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.
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:
I
a. At all angle paints.
b: At the intersections of the limits of the property.
Conditional Use Permit No. 950
Conditions of,Approval
Page 4
c Offset markers shall be used and properly identified as such, in place of
markers that would be an obstruction in traveled way.
d , Markers must be Portland Cement Concrete or steel pests 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 Innes 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.
& 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,
g. Lockable gates shall be placed at all vehicular access points to the permit area.
10. (MMP AIR-3) Robertson's and Cemex Construction Materials Pacific LLC
(Cemex) shall enter into a memorandum of understanding (MCU) 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 USFWS and a Section 1080.1, Consistency
Determination from the California Department of Fish & Came.
12. (MMP H -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 (FSA) in accordance with Department of Toxic
Substances Control (UTC) 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, Cemex 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, Mate, and/or federal entity,
Conditional Use Permit No. 950
Conditions of,approval
Page 5
prier to any ground-disturbing activities within 100 feet of any hazardous material'
site identified during a project-specific Phase I ESA;
1 . (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 g, Division 3 of Title 13 of the California Code of
Regulations,
rrs,
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 modern or superior emission control devices and be Dept in proper
tune to minimize construction vehicle emissions, where feasible:
16. (MMP BIO-24) As part of its mining expansion, Centex shad 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 duringthe
nesting season, a nesting bird survey shall;be conducted by a qualified biologist
no more than 14 days prier 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, Cemex 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 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
Care (CDFG):
as Avoid disturbance within 160 feet of occupied burrows during n+ n-
breeding season and within 256 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 Furrowing 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
Conditional Use Permit No. 950
Conditions of Approval
Page
nesting owls or occupied burrows are found within the areas to b
impacted, the above mitigation measure shall be implemented.
18 Shouldcultural resources be discovered during project construction and/or
mining, all work in the area of the fired shall cease and a qualified archaeologist
shall be retained by the project sponsor to investigate the finch, and to make
recommendations on its disposition. If human remains are encountered during
construction all work shall cease and the Sari 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 raining portion of the proposed
Upper Tanta Arta River Mash Lance 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 beevaluatedby a certified archaeologist.
b. (MMP lel-- ) 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.H. GA-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 thea in
are 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.
0, (MMP 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,
Conditional Use permit No. 950
Conditions of Approval
Free 7
21 (MMP HYD-l) Prior to any mining activity on undisturbed lands related to this
Conditional Use Permit, Cemex shall develop or revise a storm water pollution
prevention Plan ( PPP) for routine mining activities associated with new
excavation areas. The SWPPP shall emphasize structural and nonstructural best
management practices (BMPs) to control sediment, Centex shall submit the
WPPP 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, Cemex shall develop or revise a Spill Prevention Control
and Countermeasures Pian ( PCCP) for all mining area activities; and shall
outline the methods and locations that would be used for disposalof 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. Cemex shall submit
the SPCCP to the City of Redlands and the City of Highland for review and
approval.
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
plats. 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 coordinated with Robertson'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.
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 shah 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'.
. The operator shall enter into a Memorandum m 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
Conditional Use Permit No- 950
Conditions of Approval
Page 8
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 USI'WS,, the following
conditions must be completed
1 w Maintain traffic pattern for company and noir-company trucks in accordance with
Access Alternative Q as described in the EIR and the traffic study for the project.
The proposed 5th Street haul read 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/I VR 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,
Install a video detection system at the Alabama Street project entrance. Install a
camera/QVR 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:
1. Control public access to mining areas Evia the Orange Street haul road accesses.-
Install fending, 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
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..
Conditional Use Permit No.950
Conditions of Approval
Page
. Reclamation of the site sell commence as soon as feasible.
The project site shall be inspected annually to insure compliance with the
Conditional Use Permit and Reclamation Plan,
bMaximum pit depth in the Pest Quarry North shall be 120 feet below pre-mining
ground surface.
. 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 scrape 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.
.. Safety berms a minimum of three ( ) feet in height shall be placed at the trap of
slope above all working areas,:including internal haul roads,
10.. Mining advancement shad 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 passible 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, sail 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.
l
Conditional Use Permit No.950
Conditions of Approval
Page 10
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.
b. Depth of pit areas within thirty (30) days of the date of the Annual
Monitoring Report.
C. Provide a map showing current statin of all areas within the permit area
including:
1) New disturbance within past 12 months.
t> 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
-coming year(beginning July 1),
7) The areas where mining is restricted dice to the presence, or
potential presence of endangered species.
d - An aerial photo at a scale of 1" = 400' taken with in the last 6 months of
the reporting year.
ep Description of test plat results.
f. Description of reclamation activities completed during the previous year
to include.
1) seed collection
) revegetation,
revegetation success for all ,areas which have been revegetated;
but which have not yet achieved revegetation success criteria,
4) vertebrate recoloniation
b} 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.
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 Deport shall provide adequate explanation of why
areas may not be reclaimed due to the presence of endangered species.
1
Conditional Use Permit No. 950
Conditions of Approval
Fuge 11
18. Cemex shall comply with Rule 40 (Fugitive bust) of the South Coast Air duality
Management District during raining operations and reclamation including, but not
limited to, watering of haul roads, limiting truckspeeds, watering of disturbed
areas and stockpiles of fine materials; use of chemical stabilizers on haul roads,
and routine maintenance of equipment and trucks.
19. Culex shall comply with Rule 1157 (PMIEmission 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 Cemex shall provide a contact person and telephone number reachable 24 hours
per day for notification of spills from vehicles carrying Cemex products on public
roads in the vicinity of the operation's driveways and freeway access points.
Upon notification, Cemex will remove and/or cleanup said spills before noon o
the day following the day of the spill
22 Cemex shall comply with all requirements of the National Pollutant Discharge
Elimination System (NPS} ).
2 ; 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, Cemex may not store equipment and materials on its property in such a way as
to constitute a nuisance as defined by the Redlands Municipal Code.
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;
AM to 6 PM on;Saturdays with no processing allowed on Sunday. - hipping shall
be allowed 7 days per week, 24 hours per day,
2? 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 E1R for the Upper Santa Ana River 'Cash Land Management and
Habitat Conservation Plan and entitled Mitigation\Monitoring and Reporting
Program;
Conditional Use Permit No, 950
Conditions of Approval
Page 12
29= Cemex 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 stays of the same, the
applicant shall file with the City a performance band or irrevocable later 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,
1 Combined, the Cemex quarries within the Upper Santa Ana River Wash Area
shallnot exceed a production level of 3 million trans annually.
32., (MMP RFC-01, REC-02 and REC-(3) Prior to any grading, Cemex, as part of the
Wash Task Farce, shall ,participate in the implementation of a trail program within
the Planning Area in the following manner. *
a. Cemex, as part of the Wash Task Farce, shall submit its fair share
amount at a time agreed upon by the Wash Task Force and the Cita, to
the City of Redlands for the maintenance of trails within the Planning
Area as set fortes in the Trails baster 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 deterrrrined:by an
implementation program outlined within the Trails Master Plan for the
Planning Area.
b Cemex, 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
Conditional Use Porrnit leo. 950
Conditions of Approval
Page 1
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. (MMP BIO-18) Cemex shell be prohibited from mining the area encompassed by
the Slenderhorned Spineflower Enhancement and Relocation Plan ( l_EI P) until
such time that the SLERP hes effectively transplanted or relocated all members
(or a sufficient number as determined by USI= S) of the slender-horned
spineflower from the SLERP area, or the US `WS determines the SI_ERP
ineffective and abandons the program
34. Maintain a setback of 50 feet from the Orange Street Right-of-Way. Within this
setback install and maintain a landscape screen for the life of operations. A
landscape plan shall be submitted to the Community Development Director for
review and approval.
35. ,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.
35. 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 clay 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. The following conditions are performance standards for reclamation:,
1. Unless explicitly stated otherwise in this permit, Cemex shall perform reining and
reclamation activities as specified in Mine and Reclamation Plan for the Upper
Santa Ana Fiver Wash Aggregate Lands to be Operated by Cemex Construction
Materials .P..1,Alabama Street Quarry, Deet Quarry, East (quarry North, updated
January 2008 and approved by the City of Redlands on (late �.
This plan will be referred to hereinafter as the "Mine and Reclamation Plan.'
. Prier to the placement of topsoil and/or seeding of reclaimed lands, all surfaces
shall be ripped to a minimum depth of 12 inches.
Conditional Use Permit No, 950
Conditions of Approval'
Page 14
, 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 topsail stockpile shall be identified by
clearly legible signs which say "Topsoil". Lettering shall be a minimum of 4
inches in height.
5. anal 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 North
shall not exceed :1 (horizontal:vertical).
6. Revegetation shall be deemed complete when 50 percent of species diversity`
and 56 percent of species density have been achieved on all reclaimed situ 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 96 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 Fan species identified in the
Reclamation Plans 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..
g. All pit floors designated for use as recharge basins shall be;ripped to a depth of
two ( ) feet to break up compaction caused by extractive operations.
16. 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
Conditional Use Permit No. 950
Conditions of Approval
Page 15
performance criteria are achieved. Annual monitoring reports shall be presented
in accordance with Condition C.17J.
12, All equipment and refuse shall be removed from the site prier to gaining
certification of final reclamation.
11 Dependent on professional biological advice, the following species of the
River idlan 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 FATE
(Pounds of Pure Live Seed/Acre)
California buckwheat
Dairy yer•ba santa
Our Lord's candle 0.
Deerweed
Golden yarrow 0.5
California croto a 3
California sagebrush 1
Lemonadeberry 0.25
White sage 0_
Laurel sumac 0.25
Dative Annuals Seed Mix 1
14. Seeding rates shall be adjusted to account for size of seed and Pore 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, 0% by native species (or 50% of average existing cover
• Species Richness. Minimum of 5 perennial shrug species 50 of
existing)
• Density: 10 sterns if native perennials/25M2 plot (50% of existing)
• Less than 20 percent non-native species; and
• Recruitment of native plant species seedling must occur.
15: (MMP AIDS- ) As mining activities are completed, the slopes of the quarries shall I
be reclaimed and revegetated per the approved eine and Reclamation Plan for
the Upper ,Santa ,Aria River Wash Aggregate Lands to be Operated by Cemex
Conditional Use Permit No. 950
Conditions of Approval
Page tf
Construction tructlen Material L.P., and approved by the City of Redlands,; with plant
species common to the Riversidean Fluvial Fan Sage Scrub Community.
17, (MMP Btu-1 ) The mine operators shall implement reclamation and reve etatio
concurrent with ongoing minim per the Minae and Reclamation Plan for the Upper
Santa Ana River Wash Aggregate Lands to be Operated by Cemex Construction
Materials L.P.:and approved by the City of Redlands.
Oscar Ord
Community Development director
MUNICIPAL UTILITIES AND ENGINEERING DEPARTMENT
DEVELOPMEN'r REQUIREMENTS
CONDITIONAL USE PERINH,r NO. 950
Date of C.C. Meeting, August 1, 2010
Applicant: (7cmex Construction
Location: East Quarry North
Me applicant shall comply with the following engineering requirements as necessary because
the required construction is a necessary prerequisite to the orderly development of tile
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 Works Construction - Greenbook", latest edition of "Redlands Water`
Systems Standard Spec 1 fications'"; 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 "'Fake" permit by USFWS, 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 prior 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 east
side Orange Street including corner cutoff to accommodate 50 foot radius
curb returns= and pedestrian ramps from the Highland City limits to
southerly limit of the northerly limits of CUP No. 948. Acquire and
dedicate additional street rights-of-vvay (curb with plus 12 feet minimum)
beyond the Giencral Plan width when needed for construction of required
turn lanes at the Orange Street project entrance.
b- Dedicate to provide for public use trail easements as required.
C. Dedicate to provide for adequate slope easernetits for the required
widening of Orange Street as needed and as approved by the City
F'ngincer,
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 pro-vide access, operation, arid maintenance easernents as
approved by- the City Engineer for the two existing water well facilities
and w-aterlines on APN 0-791-122-06 and 0291-12-1-OL
f, provide on-site reciprocal drainaige. casements as needed and as approved
by the City F't-igineer,
CUP 950
August 3, 201
Page {
7. All support documentation sell be submitted with the plans to be checked
Submission shall include.
a. Title Reports and backup documents for the property
b. All record swaps and deeds referenced
C. Easement Documents
d.- boundary and Lot Closure Calculations
e, Record plans, maps and documents
. Dedication documents shill be prepared by a licensed land surveyor or registered
civil engineer (registered prior to January 1 482) in the State of California and
must be submitted for review and approval before recordation,
B. Prior to the commencement of operations on previously undisturbed ground, the
following condition must be met.
1. Pay plan check fee for documents/plans listed in this section as established per
resolution. 'The amount is to be determined at time of plan check submittal.
?. WPPP/Erosion Control Plan; Erosion/Sediment Control Plan for routine
activities associated with neer 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 tater Pollution Prevention flan ( WPPP) shall be submitted to
the City of Redlands and the City of Highland for review. ' PPP 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)
1 For all development requiring coverage under the state of California General'
Storm 'Fater Permit in effect at the time of permit issuance, and whom=have filed
with the Mate Board a Notice of Intent (NO[), a copy of the Waste Discharger
Identification Number (WDID) and NCI shall be submitted for review and rile.
Call ( 0 ) 782-•4l ifl:
=4 The City approved SWPPP documents shall be submitted to the Santa Ana
Regional Fater Quality Control board for acceptance and monitoring.
C Within 2 years of the Issuance of the CUP, the following; conditions most be
completed.
I. The application shall pay Development Impact Fees that arca in effect per City of
Redlands Fee Resolutions andorfunic ipal Code at the time of payment.
Project Proponent shall submit to the City a Traffic Study that analyzes mine
production and all other vehicular'activity at the project sites in order to estimate
the average daily project trips by vehicle typo over the life of the project.
The Yraaffic Study shall be reviewed and approved by City Staff. fhe aaverag ' ;'
CUP 950
august 3.1'010
Page 3
daily trips calculated in the rraffic Study vvill be used as the basis for calculation
of traffic related Development Impact fees.
W Within 2 years of issuance of the -rake" permit by USFWS, the follow condition
must be completed.
1. Pay plan check fce for documents/plans listed in this section as established per
resolution. Thearnount is to be determined at plan check submittal.
1) Plans required to be submitted shall include:
a. Street Construction and Erosion Control Plans;
b. Pavement Striping Plans;
C. Street Tree Installation - Street trees 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
(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 be accepted for plan check.
4. WPPP/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 project`s Storm Water Pollution
Prevention Plan (S PPP) shall be submitted to the City of Redlands for review,
S 'PPP Best Management Practices (BNIPs) 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 arid 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 whorn have filed
with the State Board a Notice of Intent (NOI). a copy of the Waste Discharger
Identification Number (WDID) and NOI shall be submitted for review and file.
Call (909) 782-4130,
6, Water Quality Managernent Plan. A WQ1%JP for the widening of Orange Street
shall he submitted with street construction plans for review and approval,
WQMP shall consist of' post construction Best Nlanagement Practices (13MPs)
CUP 950
August 3, 2010
Page 4
prepared in accordance with the requirements and guidelines of the San
Bernardino County Stormwater Program. The requirements of the WQMP shall
remain in effect throughout the life of the project.
7. Finalize and obtain all necessary onsite and offsite permissions, permits,
easements, right-of-way, and properties in order to satisfy the conditions of
approval for this project. Stich items shall include.
a. Signed/notarized Offisite letter of permission to conduct certain work.
K OtTsite/onsite easement to construct/install/maintain certain
improvements.
C. Offsite/onsite right-of-way to construct/install/maintain certain
improvements.
d. Encroachment Permits from City of Highland, County. and other agencies,
e. 401 Certification (California Regional Water Quality Control Board) and
404 Permit (U.S. Army Corp of Engineers).
8. All Public improvements shall be designed by licensed Civil Engineer in the State
of California. All existing utilities shall be pot-holed 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 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.
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 Highland City limits to southerly
limit of the northerly limits of CUP No. 948. Coordinate construction of all Public
improvements on Orange Street with the City of Highland.
a. Construct standard curb and gutter at 50 feet on the east side of street
centerline to provide for the required turning lanes, Turning lane storage
on the east side of Orange Street shall extend to the end of curb return for
the driveway entrance from a point that is 400 feet southerly of the
intersection of the centerline of the driveway entrance with the centerline
of Orange Street.
bConstruct a 420 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 1-a above.
c, 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 (fie street shall be based upon
Traffic Index of 11.
CLIP 950
August 3. 2010
Page 5
d: Install LED ornamental street tight(s) with the equivalent illumination of
150 watt sodium vapor street light. Prepare and submit a separate street
lighting plan for City approval. Street light spacing shall be determined
by the City design=specifications. Installation of approximately four 4) to
five (5) lights will be required. Light location along; the turn lame curb and
gutter constructed as described in Condition I I-a above will be per
standard C;4ity, design standards. Location of the lights southerly of the turn
lane to the northerly boundary of CUP 948 will be determined at time of
plan preparation. Coordinate with City staff for guidance at that time,
e. Design n and construct a decomposed granite multi-use trail and Class
Bicycle trail from the northerly boundary of CUP 948 to the City°
boundary line, The trail across the driveway entrance shall comply with all
ALBA accessibility requirements. Location of the trail along the turn lane
curb constructed as described in Condition 1 I-a above will be per the
landscaping design plans for the CIDP.. The location for the trail southerly
of the,turn lane to the northerly boundary of CIDP 948 will be detertnined
at time of plan preparation. Coordinate with City staff for guidance at that
time.
f. Provide street trees spaced every 40 feet avoiding sewer and water laterals.
Prepare and submit a separate street tree plan for City approval.
9Construct underwalk drain, if necessary.
h. [utility relocation, if necessary.
i. Provide access road(s) to the two existing water well facilities and
waterlines on CPN 0291-122-06 and 0291-122-01. The well site facilities
and water lines shall be protected in place;
12. Install a City approved traffic video detection system at the Orange Street project
entrance. Install a camera/DV system capable of monitoring, counting, and
storing unage 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 0' turning radius to accommodate
project trucks. Remove existing asphalt pavement structural section within the
Orange Street project entrance intersection and reconstruct with an engineered
concrete paverztent structural section.
14. Design pavement striping to provide a south bound left turn lane and a north and
south bound right tarn lane at the Orange Street project entrance as described
above. Plans shall include Class 2 Bicycle 'Frail in both northerly and southerly
directions. Prepare and submit a :separate striping plan for City approval,
15, Design to modify the existing traffic signal at the Orange Street prefect entrance.
Install signal hardware and software as specified by the Redlands City Engineer.
A ileo Detection Systern with wireless transmission to the City Traffic Signal
Center will be required. Construct roadside barriers to protect the modified signal.
Obtain a constrtIctiOn laennit fron7 the City of l edlands ,acrd ("ityr ofA li hland.
CUP 950
August 3, 201
Page
16. 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 prier to the final approval, the applicant shall (1) petition
the City for annexation of the property comprising CUP No. 950 to the City's
-
Community Facilities District No. 2004-1, or as 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, decomposed granite multi-a se trail, traffic
signal facilities, street lights, and public right-of-ways.
I& 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 Improvement bonds must be posted= for the total estimated cost' of Public
improvements as follows:
Performance 90% in bond foram
Performance (Warranty) 10% in cash (minimum $500.00
Labor and Materials 100% in borax! form
Acceptable mond types are Surety Bonds; Letter of Credit from a qualified
Bank or institution, and Cash Deposits.
20. The 10% performance( °arraaaty) deposit will be retained for one year after
completion and acceptance of public improvements by the City for warranty of
Public work.
21. Execute Public Improvement Agreement.
1 . The following items are required prior to issuance of the ENCROACHMENT
PERMIT for construction of improvements.
I;: Cash cleanup deposit shall be submitted ($1,000.00);. Deposit will be reimbursed'
after the work is completed and accepted by the City upon written request.
2 Section 4216/42 17 of the Government Code requires a Dig Alert Identification
Number he issued before a "Permit to Excavate" "Ill be valid. For your Dig Alert
Identification Number, call Underground Service alert toll free, 1-800-227-2600,
two (?) working days prior to conducting:amy excavation.
Fncroachment Permit aapplication sand three (i) sats of C:ity as proved plans atttas
he submitted for all Public improvements. Fricroachnaent Permit fees shall be
paid prior to issuance cal` neroaachnaent Permit.
CUP 950
August 3, 201 C
Page 7
4. A California OSI IA Permit Number for all work that is tive feet deep or deeper
shall be provided. Call (909)383-43211;
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 pavement, 'rhe
report shall include test results and boring/sarnpling locations.
6. A traffic control plan shall be prepared in accordance with the latest revision of
Chapter 5 of the State 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 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 fight-
of-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 No. 19 - 21
of Section -D",
S. 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,
9Construct any proposed bentis or slopes for this project outside ultimate street
rights-of-way unless otherwise approved by the City ngineer.
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. The limits
of pavement repair shall be across all or a portion of the damaged pavement as
determined by the City Engineer.
I I 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 APPLICATION FOR
WA,rF,R SERVICE CONNECTION and prior to WATER METER
INST ALLA'rION.
None
CUP 950
August 3, 2010
Page 8
G. The following items are required prior to recordation of NOTICE OF
COMPILETION for all required public improvements.
1w All requirements as described in Sections A, B. C, D, E, and F of these conditions
of approval shall be met.
I 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 Corner Records for those points prior to completion of
the project with San Bernardino County Surveyor. Copies of information shall be
garnished to the Municipal Utilities and Engineering 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 CD-ROM .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 seat 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.
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 he 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,
ff. Within rive years of issuance (if"Take" permit by (JSFWS, the following conditions
must be completed:
1: All requirements as described in Sections A. B, C. D, E'-, F and G of these
conditions ot' approval shall be met.
1. The following items are required prior to release of
BONDS/WiXRR.,kN'I'IESYDElio SI'I'S.
I AH requirements as described in Sections A, B, C, D, E, la and G of these
conditions of approval shall he niet.
CUP 95
August 3, 01
Page 9
? `","he release of bonds/warranties/deposits rust be requested in writing to the City
Engineer. Allow '10 days for the processing of the bond release(s).
,► Additional Conditions
1.; 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 life 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 true, crossing and true route
to an acceptable initial condition for 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.
The applicant shall pay the proportional fair share of the City's increased costs to
maintain the pavement throughout the life of-the project The SPA shall include
an operationaldescription for calculation methodologies of determining the faro
rata share of increased costs 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 b
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 -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 roadwav as a result of operations on Grange
Street from the project entrance as described in Condition D-13 to the Highland
City Limits
RC)S� XRY I0>H:R.I [ iG lnot:al__. In!t�c l
Director of Municipal utilities
and Public Works Engineering/City Empneer
DY/C :ake
DEVELOPMENT SERVICES DEPARTMENT
PLANNING DIVISION
CONDITIONS OF APPROVAL FOR:
CONDITIONAL USE PERMIT NO, 951 ( /EST QUARRY)
Date of Preparation; March 3, 2010
Planning Commission Date: ,tune 8, 2010
Applicant: Cemex Construction Materials Pacific LLC
The Conditions 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(ie), pursuant to Redlands Municipal Code.
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 (IJSFWS) approves a Habitat Conservation Plan'
(HCP) and companion Habitat Management Plan (HMP);
• The USFWS, 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 Cemex's mining activities; and
• The California department of Fish and Came (CDFG) approves a Streambed
Alteration Agreement pursuant to Section J Egg et sect. of the California Fish and
Game Code=and makes a Consistency Determination under Section 208(J I of the
California Endangered Specie Act.
This Conditional Use Permit is for implementation of a Mine and Reclamation Plan for
the fest <Quarry 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 Alabama. Street Quarry and the East Quarry North, which are also Cemex
operations within the Upper Santa Ana River Wash Aggregate Lands, the West Quarry
shall be permitted to produce up to a combined 3,000,000 tons annually
Conditional Use Permit No.9 1
Conditions of Approval
Page
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 4) months after the approval
of said Permit.*`
b. Where circumstances beyond the control of the Applicant cause delays
which do not permitcompliance 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 (°t months. Applications for
such extension of time must set forth, in writing, the reasons for this
extension and shall be filen together with a-fee, as established by the City
Council, with the Planning [division no less than sixty(60) nor more than
ninety ( Q) calendar days before the expiration of the twenty-four (24
month period.
NOTE: All required ori-site and offsite improvements shall be completed and approved:
rior to final inspections for occupancy of any building or structure.
2`. This Conditional Use Permit shall supersede all existing miring permits and/or
entitlements approved by the City of Redlands and/or the Counter of San
Bernardino for the subject site.
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 -ring notebook and shall Incorporate the revegetatlon plan, test plot plan,
Notice of Intent (NOI) and Storm "later Pollution Prevention Plan, Financial
Assurances Estimates, and Conditions of Approval. Said reclamation plan shall
be kept at the site at all tinges 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.
: 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 sure 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.
Conditional Use Permit No. 951
Conditions of Approval
Page
. 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 sell be in place
prig to the commencement of extraction activities and shallbe 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< fora of
financial assurance for the reclamation plan. The financial assurance shall be
available to both the City and the Department of Conservation
. Prior to the commencement of raining activities on previously disturbed and
undisturbed lands related to this Conditional Use Remit, Financial Assurances
parable to the City of Redlands and the Department of Conservations shall be
filed with the City. The amount shell be calculated based', on a cast estimate
submitted by the ,Applicant and approved by the City for the approved estimated
reclamation procedures of sinning in the previously disturbed and undisturbed`
areas and shall be submitted within sixty (60) days of after Project approval.
Each year, following the annual mine site inspection, the assurance amount shall
be adjusted to account for new lairds disturbed by the surface raining 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 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 ), regarding the forfeiture o
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.
7,. The permit area shall be rapped 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.
Conditional Use Permit No,551
Conditions of Approval
Page 4
C, Offset markers shall be used and property identifiedas such, in place of
markers that would be an obstruction in traveled way.
d. Markers must be Portland Cement Concrete or steel pests 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 Protect,
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.
. 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.
g: Lockable gates shall be placed at all vehicular access points to the permit area.
10. (MMP AIR- ) Robertson's and Cemex Construction !Materials Pacific LLC
(Cemex) shall eater into a memorandum of understanding (MC U) 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 t South', Range 3 West, San Bernardino
!Meridian. A copy of the 1M U shall be filed with the City of Redlands and the City
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 NCP and issuance of a Section 10a,
Incidental Take Permit from the USFWS and a Section 1080.1 Consistency
Determination from the California Department of Fish & game.
12. (MMP H -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 (CTSC) 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, 'Cemex shall provide evidence to the appropriate
agencies that remediation acrd/or mitigation of said site has been completed to
the satisfaction of the appropriate local, regional, Mate, and/or federal entity;
.prior to any; ground-disturbing activities within 100 feet of any hazardous material
site identified during a project-specific phase l ESA,
i
Conditional Use Permit No 951
Conditions of Approval
Page 5
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 2449through
2449,6 of Article 4.8, Chapter 9, Division 3 of Title 13 of the California Carle 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
fittedwith the most modern or superior emission control devices and be Dept in
proper tune to minimize construction vehicle emissions, where feasible.
16. (MMP BIO-24) As part of its mining expansion, Cemex 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 ether 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 raining 'within all mining expansion areas, Cemex shall
conduct a habitat assessment for burrowing Owl. If habitat is observed,
focused burrowing owl survey shall be conducted during breeding season (March
1 August 61) 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 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.
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
Conditional Use Pen it No. 951
Conditions of Approval
Page 6
nesting owls or occupied burrows are found within the areas to b
impacted, the above relitigation measure shalt 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
shad 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 Arlo shall cease and the San Bernardino County Coroner's
Office shall be contacted pursuant to Health and Safety Code provisions.
a; (MMP UL,-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 UL- ) 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.
9® (MMP CUL-3) If the archaeological sitesCA-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 anchor artifacts and place them i
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 shallconsist of a research design, hand and/or' block
architectural excavation„ laboratory analysis, research, a data recovery
report and curation of collected artifacts.
6. (MMP HA -5) All loads in open street-legal trucks shall be no higher than 6.0
inches below the top of the true 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.
Conditional Use Permit No. 951
Conditions of Approval
Page 7
1 (MMP HYD-1) Prior to any mining activity on undisturbed lands related to this
Conditional Use Permit, Cemex 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. Cemex shall submit the
SWPPP to the City of Highlands and the City of Redlands for review and approval
22. (MMP HYD- Prior to any mining activity on undisturbed lands related to this
Conditional Use Permit, Cemex 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/oar excavation waste is subject to compliance with
all applicable waste disposal regulations and requirements. Cemex shall submit
the SPCCP to the City of Redlands and the City of highland for review and
approval.
B, 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 revegettion 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 Robertson'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.
:. A plan shall be prepared and implemented to the satisfaction of tate 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 Revegetat on Plan. The weed control plan shall be submitted within 180 days
of Reclamation Plan approval.
. 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
potentialdrainage hazards. The plan shall be presented on a map showing the
location and size of specific erasion and sedimentation control structures. Said
plan shall be prepared to the satisfaction of the Community Development
Director:
4 The operator shall enter into a Memorandum of Understanding or otter
appropriate mechanism with the San Bernardino County Floor! Control District,
with the intent of providing full access to designated internal haul roods and
Conditional Use Permit No. 959
Conditions of Approval
Page 8
specified mining pit areas for storage and processing of material by said District`
during periods of emergency flood control cleanup operations.
5: (1`vMP AES-2) Within six monthsofthe issuance of mining permits, Cemex shall
plant trees at bast 15 gallons in size and cotton to the Planning Area plant
community along the western perimeter of West Quarry; where sufficient space i
available, at spacing 15 feet on center to allow unrestricted growth and to be
sufficient to shield the quarry from view of passing motorists on SR-30. Tree
planting darts shall be submitted to the District, the City of highland, the City or
Redands and/or CalTra s for review. The trees shall he planted prior to the
expansion of the quarry and shall be watered by Cemex until established. The
trees shall be maintained for the life of the quarry and replaced as necessary by
Cemex.
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 trek 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 i
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/D R 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 bre completed:
Control public access to mining areas aria the Grange street haul road accesses.
Install fencing, gates and signage etc. as required by the City Engineer. tock the
access gates daily when the Orange street plant is closed.
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 fallowing conditions during the term of
the Reclamation Plan for the project
r The City of Redlands and the City/ of Highland shell be notified within thirty I g
days in uniting about any::
Conditional Use Permit No. 951
Conditions of Approval
Page
a. Inactive periods of operation for one year or more,
b. Changes of company ownership, address or telephone number during the
life of the Declamation Plan;
C Any changes to provisions of lease agreements or real property that will
affect the approved Reclamation Plan.
. 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.
. 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 Declamation Plan.
. Maximum pit depth in the West Quarry 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 shell be placed at the top of
slope above all working areas, including internal haul roads.
19. Mining advancementshall 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. Degrading 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.
Conditional Use Permit No.951
Conditions of Approval
Page 10
13. As an area is cleared for mining, vegetation shall be clipped and placed i
topsoil piles or used as mulch covering for revegetation.
14. Prier 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 sails. 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/car 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 duly 1 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:
1) New disturbance within past 12 months.
2) Areas reclaimed within previous 12 months.
Location of test plots.
4) Location of topsoil stockpiles.
Proposed new disturbance during the up-coming year,
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 with in the last 6 months of
the reporting year:
e. Description of test plot results.-
F
Conditional Use Permit No. 951
Conditions of Approval
Page 11
f. 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 net yet achieved revegetation success criteria,
4) vertebrate recolonization
5 repair of areas with excessive erasion,
5) a statement that reclamation has been initiated on all areas
available for reclamation in accordance with the approved`
reclamation plan.
J: 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.
13. Cemex 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. Cemex shall comply with Rule 1157 (PM10 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 Cemex shall provide a contact person and telephone number reachable 24 hours
per day for notification of spills from vehicles carrying Cemex products on public
reads in the vicinity of the operation's driveways and freeway access paints.
Upon notification, Cemex will remove andfor cleanup said spills before noon of
the:day following the day of the spill
22. Culex shall comply with all requirements of the National pollutant Discharge
Elimination System NPDE ).
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).
Conditional Use Permit No. 951
Conditions of Approval'
Page 12
4, Cemex 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, Rockcrushing 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
e allowed 7 days per week, 24 hours per day;.
7 The Applicant shall reimburse the City for staff time and materials associated
with the enforcement of the SMARA 27771 Lead Agency Agreement.
28. Compliance with all applicable mitigation measures listed in the Appendix L of
the Final EIR for the Upper Santa Aria Diver Wash Land Management and
Habitat Conservation Plan and entitled MitigationNMonitoring and Reporting
Program.
29. Cemex shall comply with all requirements of local, regional, state and/or federal
rules, regulations, and/dr ordinances.
g. 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 forge 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 revolve this Conditional Use Permit.
Conditional Use Permit No, 951
Conditions of Approval
Paye 13
31 . Combined, the Cemex 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-02 and ITEC-{3} Prior to any grayling, Cemex, as part of the
Wash Task Force, shall participate in the implementation of a trail program within
the Planning Area in the following mariner. *`
a; Cemex, 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 Cita to the City of
Redlands for the maintenance of trails within the Planning Area as set
forth in the Trails Master flan 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. Cemex, 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. Maintain a setback of 50 feet from the Grange Street Right-of-Way. Within this
setback install and maintain a landscape screen for the life of operations.
landscape plan shall be submitted to the Community Development Director for
review and approval.
34. Upon notification by the public or the City, clean up spilled concrete or aggregate
material on City streets by endof 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 trach: 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. The following conditions are performance standards for reclamation:
1: Unless explicitly stated otherwise in this permit, Cemex shall perform mining and
reclamation activities as specified in Mine and Reclamation Marr for the Upper
Santa dila Rider Wash Aggregate Lairds to be Operated by Culex Construction
Materials L.P.: Alabama Street Quarry, West Quarry, East Quarry North, updated
January 2008 and approved by the City of Redlands on gate
This plan will be referred to hereinafter as the "Mine and Reclamation Plan."
Conditional Use Permit No. 951
Conditions of Approval
Fuge 14
Prior to the placement of topsoiland/or seeding of reclaimed leads, all surfaces
shall be ripped to a minimum depth of 12 inches.
. 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 beams for the best Quarry 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 ficial 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,
& All roadways, which will not be retained for post-mining ing uses, shall be reclaimed
and revegetated with the Riversidian Alluvial Fan species identified in the
Reclamation Plan at the conclusion of raining/hauling activities. Maximum width
of retained roadways small be 22 feet unless otherwise approved by the
SBVWCD or the City Community Development director:
All pit floors designated for use as recharge basins shall be ripped'to a depth of
two 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 seed
mix.
I'
Conditional Use Permit No.951
Conditions:of Approval
Page 15
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.1 .f
12. All equipment and refuse shall be removed from the site prior to gaining
certification of final reclamation;
1. . 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 pine live seed/acre as
follows:
SPECIES SEEDING RATE
(Pounds of Pure Live Seed/Acre
California buckwheat
Hairy yerba santa
OurLord's candle 0.5
Deerweed
Golden yarrow 0.5
California croton 1
Goldenbush 1
California sagebrush 1
Lemonadeberry 11.25
White sage g.
Laurel sumac 0.25
Native Annuals Seed Mix 10
14. Seeding rotes shall be adjusted to account for size of seed and Pure Live Seed
(PLS) rates. A competent revegetation professional shallbe 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 5 perennial shrub species ( '0% of
existing)
• Density: 10 sterns 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 June and "e lamation Plan for
i
Conditional Use Permit No, 951
Conditions of Approval
Page 16
the Upper Santa Ana River Wash Aggregate Leads to be Operated by Cemex
Construction Materiels L.P., and approved by the City of Redlands, with plant
species common to the Riversidean Fluvial Fan Sage Scrub Community.
17 (MMP BIO-17) The line operators shall implement reclamation and revegetation
concurrent with ongoing miring per the Mine and Reclamation Pian Ler the Lipper
Santa And River Wash Aggregate Lands to beOperated by Cemex Construction
Materials L.P. and approved by the City of Redlands,
C? r Ord
Community Development Director
MUNICIPAL Iwt°I'll,l"l' ES, AND ENC;lNEERING hilt PARI"i"4° EN'T
[9;1; 4°`ELOPMEN-r REQUIREMENTS
C."C)Nl)1`1"1CJ►NAL USE PERMIT NO. 951
Irate of C.C. :Meeting: August 3, 2010
Applicant:: Cemex Construction
Location: West 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 requirements set forth in the General
Plan; applicable sections of Redlands Municipal Code; latest edition n cif "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 - Greenbook" 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 Ll F WS, 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 prior to execution by the
propertyowners. 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 corner cutoff 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 API 291-121-
01.
b: Dedicate to provide 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 fcar the required`
widening oft range Street as needed and as approved by the City
Engineer.
e Provide can-site reciprocal drainage easements as needed acrid as;approved
by the C`ity En-ineer.
'. All support documentation shall be submitted with the plans to be checked;
Submission shall 111clucle°
a, Title Deports and backup documents for the property
b, \ll record mapsand deeds referenced
cEasement Doc:tixaacrais
CUP 951
August 3, 2010
Page 2
& Boundary and Lot Closure Calculations
e: Record plans, maps and documents
3. 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
must be submitted for review and approval before recordation.
B. Prior to the commencement of operations on previously undisturbed ground, the
following condition must be met.
I Pay plan check fee for documents/plans listed in this section as established per
resolution. The amount is to he determined at time of plan check submittal.
2. SWPPP/Frosion Control Plan. Erosion/Sediment 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 he 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 effiect 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 file.
Call (909)782-4130.
4. 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 must be
completed.
I The application shall pay Development Impact Fees that are in etTect per City of
Redlands Fee Resolutions and/or Municipal Code at the time of payment.
2. Project Proponent shall submit to the City a Traffic Study that analyzes mine
production and all other vehicular activity at the project sites in order to estimate
the average daily pr(�ject trips by vehicle type over the life of the project.
The T raffic Study shall be reviewed and approved by City Staff. The average
daily trips CaICLIlatcd in the rraffic Study will be used as the basis for calculation
of tral'fic related Development Impact fees.
CUP 951
August 3, 2010
Page 3
D. Within 2 years of issuance of the "Take" permit by USFWS, the follow condition
must be completed.
Finalize and obtain all necessary onsite and offsite permissions, permits,
easements, rig ht-of-way. and properties in order 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, Offsite/onsite easement to construct/instail/t-naintain certain
improvements.
C. Offsite/onsite right-of-way to construct/install/maintain certain
improvements.
d. Encroachment Permits from City of Highland, County, and other agencies.
e. 401 Certification (California Regional Water Quality Control Board) and
404 Permit (U,S. Army Corp of Engineers),
I 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.
3. Provide flor adequate drainage facilities. The applicant shall provide and submit
all necessary hydrology/hydraulic studies and calculations in accordance with the
San Bernardino County Hydrology Manual.
4. 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. 951 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. decomposed granite ITILIlti-USC trail, traffic
signal facilities. street lights, and public right-of-ways.
E. The following items are required prior to issuance of the ENCROACUMENT
PERMIT for construction of improvements.
Not required for this application-
F. The following items are required prior to approval of APPLICATION FOR
WATER SERVICE CONNE(",nON and prior to WATER METER
INSTALLATION.
None
CUP 951
A UgLISt 3, 2010
Page 4
G. The following items are required prior to recordation of NOTICE OF
COMPLETION for all required public improvements.
Not required for this application.
11. Within Five years of issuance of -Take- permit by LISFWS, the following conditions
must be completed:
I. All requirements as described in Sections A, B, C, D, E, F and G of these
conditions of approval shall be met.
1. The following items are required prior to release of
BON DS/WARRANTIESIDE Posurs.
Not required for this application.
I co S—F, A ik—v- 160 E A N I N,G Initial Initt
Director of Municipal Utilities
and Public Works Engincering/City Engineer
DY/CD:akc
FILE ULP25-1
DEVELOPMENT SERVICES DEPARTMENT
PLANNING DIVISION
CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT NO. 952 (ALABAMA STREET QUARRY)
Date of Preparation: Lerch 3, 2010
Planning Commission late: June 8, 2010
Applicant: Cemex Construction Materials Pacific LLC
The Conditions 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
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);appro es a Habitat Conservation'Plan
(HCP) and companion Habitat Management Flan (HMP);
• The t1SFWS, after completion of a Federal Environmental Assessment (EA , issues
an Incidental Tape Permit pursuant to Section 16(a)(1 )(B) of the Federal'
Endangered Species Act for Cemex"s ruining activities; and
• The California Department of Fish and Came (CDFf approves a Streambed
Alteration Agreement pursuant to Section J 600 et seal. of the California Fish and
Carne Code and makes a Consistency Determination under Section 06( , I of the
California Endangered' Species.Act.
This Conditional Use Permit is for implementation of a Mine and Reclamation Plan for
the Alabama Street Quarry located in the Upper Santa Arra River Wash Aggregate
Lands. The Conditional Use Permit shall expire on December r berg 1, 2065 unless an
extension of time has been granted by the City (refer to Exhibit A. Planned Quarry
Exhibit), Combined' with the 'gest Quarry and the East Quarry North, which are also
Cemex operations within the 'Upper Santa Ana River Wash Aggregate Lands, the i
Alabama Street Quarry shall be permitted to produce up to a combined 3,000,000 tons
annually
,
Conditional Use Permit No. 952
Conditions of Approval
Page 2'
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 dace within twenty-four't24) 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 60) nor more than
ninety (gg) 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.
. This Conditional Use Permit shall supersede all existing raining permits and/or
entitlements approved by the City of Redlands and/or the County of San
Bernardino for the subject site.
CONDITIONS OF APPROVAL
A. Pricer to the commencement of operations, the following conditions must
be satisfied:
1. The applicant shall remise the reclamation plan to the satisfaction of the Director
of Community Development to reflect changes outlined in the Conditions of
Approval for the Reclamation flan. The revised Reclamation /Flan shall be bound
in a -ring notebook and shall incorporate the revegetation plan, test plat plan,
Notice of Intent tN01 and Storm Water Pollution Prevention Plan, Financial
Assurances Estimates, and Conditions of Approval. Said reclamation plait 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 maps shall be
identified as Exhibit A to this approval,
`. 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
$2,500.00 shall thereafter be maintained in the deposit account through the
expiration of the permit,
ConditionM Use Permit No. 952
Conditions of Approval
Page
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.*
. The permittee shall utilize the existing groundwater 'monitoring wells located in
the vicinity, in coordination with SS WWCD, site to monitorgroundwater depths..
The monitoring ell(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.
& 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 approved estimated
reclamation procedures of mining in the previously disturbed and undisturbed
areas and shall be submitted within sixty (50) days of 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 Plan and
mitigation measures. Should the applicant fail to perform or operate within all o
the requirements of the approved reclamation plan, the City or Department of
Conservation shall fellow 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 bring the applicant into
compliance. The requirements for the financial assurance will terminate when the
approved project, mitigation measures, and final Reclamation Pian have been
completed
, The permit area shall be mapped by a licensed land surveyor and boundaries of
the permit area shall be appropriately marred as follows to the satisfaction of the
Community Development Director.
ConditionalUsePermit No, 952
Conditions of,Approval
Page 4
a, At all angle points,
b t the intersections of the limits of the property.
C; Offset markers shell be used and properly 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. This operator shallmaintain 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.
& Prepare p 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' Pacific LLC
(Cemex) shall enter into a memorandum of understanding (MOO) 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 USFWS and a Section 1080.1,, Consistency
Determination from the California Department of Fish & Game;
1Z (MMP H -3) Prior to any project-related ground-disturbing activities on
undisturbed lands related to this Conditional Use hermit; a site-specific Phase l
environmental site assessment (ESA) in accordance with Department of Toxic
Substances Control (DTC) 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, Cemex shall provide evidence to the appropriate
agencies that remediation acid/or mitigation of said site has been completed t
Conditional Use Permit No, 952
Conditions of Approval
Page
the satisfaction of the appropriate local;, regional, `tate, and/car federal entity;
prior to any ground-disturbing activities within 100 feet of any hazardous material
site identifiedduring a project-specific Phase I ESA.
11 (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 Beard's emission standards specified in .Sections 2449 through
2449.3 of Article 4..8, Chapter 9, #division 3 of Title 13 of the California Cade of
Regulations.
14. (MMP AIR- ) 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 modern or superior emission control devices and be kept in proper
tune to minimize construction vehicle emissions,, where feasible.
16. (MMP 810-24) As part of its mining expansion; Cemex 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 190-foot
buffer area (299 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:
1 (MMP 810-2 ) Prier to mining within all mining expansion areas„ Cemex 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 dish and
Carme (CCF )
a. Avoid disturbance within 160 feet of occupied burrows during on-
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 CI FG 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
Conditional Use Permit No.952
Conditions of Approval
Page
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 daring project construction and/or
mining, all work in the area of the fired .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. (GIMP CUL-1) A qualified archaeological monitor shall be present during
initial ground disturbing :activities in the mining portion of the proposed
Upper Santa Arra Diver Wash Land Planning Area "the Planning Area-').
The monitor shall be empowered to temporarily haat 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
SA-SBI -60 7H cannot be avoided during implementation of the proposed project
further study as detailed below shell 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.
Cl. tMMP 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 be subject to
spot' inspection pursuant to the Community Development Director of the City o
Redlands or his or her assignee
Conditional Use Permit No. 952
Conditions of Approval
Page 7
1 (MMP HYD-1) Prior to any mitring activity on undisturbed lands related to this
Conditional Use Permit, Cemex shall develop or revise a storm water pollution
prevention Plan ( WPPP) for routine mining activities associated with new
excavation areas. The SWPPP shall emphasize structural and nonstructural best
management practices (BMPs) to control sediment. Cemex shall submit the
SWPPP to the City of Highland and the City of Redlands for review and approval
22. (MMP HYD- Prier to any ruining activity on undisturbed 'lands related to this
Conditional Use Permit, Cemex shall develop or revise a Spill Prevention Control
and Countermeasures Plan ( PCCP) 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. Cemex shall submit
the SPCCP to the City of Redlands and the City of highland for review and
approval.
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.
The test plots may be coordinated with Robertson's extractive sites in the Upper
Santa Ana River Nash 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 Reveetation Plein. The weed control plan shall be submitted within 180 days
of Reclamation Plan approval.
. 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. The operator 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 reads and
Conditional Use Permit No. 952
Conditions of Approval
Page 8
specified mining pitareasfor 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 fallowing
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 SFS 210. All other project traffic shall use the ,Alabama Street
access. Install a camera/DR 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 avideo detection system at the Alabama Street project entrance. Install a
camera/DV'R 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:
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 grange 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 tenor of
the Reclamation Plan for the project;
°I The City of Redlands and the City of Highland shall be notified within thirty tgj
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.
Conditional Use Permit No.952
Conditions of Approval
Page 9
I 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 Flan.
. Maximum pit depth in the Alabama Street Quarry shall be 150 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 fiat 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 13 feet in height shall be placed at the trap of
slope above all working areas, including internal haul roads,
10 Mining advancement shall be conducted in small areas alone 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 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
be directly replanted to slopes ready for revegetation or be maintained for future
revegetation activities;
13. As an area is cleared for raining, vegetation shall be chipped and placed i
topsoil piles or-used,as mulch covering for revegetation.
14_ Prior to revegetation, sail analysis shall be conducted on the areas to b
reclaimed to determine the presence or absence of essential elements as
compared to natural local sails. If nutrients deficiencies are noted, sail
amendments shall be added, as necessary, in an effort to replicate natural topsoil
conditions.
Conditional Use Permit No,952
Conditions of Approval
Page 10
15 Revegetation methods identified in the reclamation plan text shall be applied
during revegetation,
16. Conduct and/or compile quarterly groundwater depth measurements fromr
groundwater monitoring wells. Quarterly groundwater level measurement shall
continue for the duration of the approved Reclamation dart.
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.
b, Depth of pit areas, within thirty ( 0) 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.
) 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 with in the last 6 months of
the reporting year.
e. Description of test plat results.
f. Description of reclamation activities completed during the previous year
to include::
1) seed collection
) revegetation,
) revegetation success for all areas which have been revegetated
but which have not yet achieved revegetation success criteria,
4) vertebrate recoloni ationf
) 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.
g� Revised Financial Assurance Estimate:
K Description of monitoring activities during the past 12-month period
including ground Water elevations and others.
i; The Annual Monitoring Deport shall provide adequate explanation of Why
areas may not be reclaimed due to the presence of endangered .species.
Conditional Use Permit No.952
Conditions of Approval
Page 11
18. Cemex shall Comply with Rule 408 (Fugitive bust) 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. Cemex shall comply with Rule 1157 (PM10 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 26 mph`.
21. Comex shall provide a contact person and telephone number reachable 24 hours
per day for notification of spills from vehicles carrying Cemex products on
public roads in the vicinity of the operation's driveways and freeway access
points. Upon notification, Cemex will remove and/car cleanup said spills before
noon of the day following the day of the spill
22. Cemex 'shall comply with all requirements of the National Pollutant Discharge
Elimination System (NPDES)>
28 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.. Cemex may not stare equipment and materials on its property in such a way as
to constitute a nuisance as defined by Redlands Municipal Code.
26 Rock crushing equipment may not be operated before 6 a,m, or after 1 p.m. of
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 for the Upper Santa Ana Diver `flash Land Management and
Habitat Conservation Plan and entitled Mitigationtltonitoring and Reporting
Program.
Conditional Use Permit No. 952
Conditions of Approval
Page 12
. Cemex shall comply with all requirements of local, regional; state and/or federal
rules, regulations, and/or ordinances.
g 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.
1, Combined, the Cemexuarries within the Upper Aper' Santa Ana liver Wash Area::
shall not exceed a production level of 3 million tons annually..
32. (MMP RSC-01, REC-02 and REC-( ) Prior to any grading, Cemex, 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.. Cemex, as part of the Nash 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 trails within the Planning
Area as set forth in the Trails baster Marl 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 taster Plan for the
Planning Area.
b Cemex, 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
Conditional Use Permit No.952
Conditions of Approval`
Page 1;3
outreach programs for the Planning Area..The education outreach
program shall focus on litter and pet waste and include. but net be
limited to the=following elements; advertising, community outreach;
strategic partnerships, media, youth education and business and
stakeholder outreach.
33. Maintain a setback of 50 feet from the Alabama Street Right-of-Way. Within this
setback install and maintain a landscape screen for the life of operations.. A
landscape plan shall be submitted to the Community Development Director for
reviewer and approval.
34. Upon notification by the public or the City, clean up spitted 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 t
pavement caused by hardened spilled concrete as necessary. Implement~
measures to minimize track out of dirt ante City streets. Sweep City streets at
least once a clay 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, Cemex shall perform miming and
reclamation activities as specified in Mine and Reclamation Plan for the Lipper
Santa Aria River Wash Aggregate Lands to be Operated by Cemex Construction
Materials L.P.: Alabama Street Quarry, West Quarry, East Quarry North, updates
January 2008 and approved by the City of Redlands on (Date Y
This plana will be referred to hereinafter" as the "Mine and Reclamation Plan,"
. Prior to the placement of topsoil and/or seeding of reclaimed lands, all surfaces
shall be ripped to a minimum depth of"12 inches.
: 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 topsail shall be conducted such that movement of the stockpiles for
operational purposes will not occur. Each topsoil stockpile shall be identifiedby
clearly legible signs which say "Topsoil".. Lettering shall be a minimum of 4
inches in height.,
Final reclaimed slopes shall be graded as shown on ;Exhibit " " (Reclamation
Phase Map) and, unless restricted by endangered species habitat, is specified as
follows:
v
Conditional Use Permit No, 952
Conditions of Approval'
Page t
a Maximum reclaimed slope gradient and berms for the Alabama Street
Quarry shall not exceed .1 (horizontal*vertical),
6, Revegetation° shall be deemed complete when 60 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,
8. All roadways, which will not be retained for past-mining uses, shall be reclaimed
and reveetated with the Riversidian Alluvial Fan species identified in the
Reclamation Flan at the conclusion of mining/haulingmining/hauling activities. Maximum width`
of retained roadways shall be 22 feet unless otherwise approved by the;
SBVWCD or the City Community development Director,
0: All pit floors designated for use as recharge basins shall be ripped to a depth of
two )feet to break up compaction caused by extractive operations.
10. If not used for recharge basins within one year of mining completion, fait floors in
designated recharge basins shall be seeded with an erosion control native seed
mix,
1 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 CA 7.f
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 lure seed/acre as
follows:
i
Conditional Use Permit No. 952
Conditions of Approval
Page 1
SPECIES SEEDING RATE
(Pounds of Pure LiveSeed/Acre)
California buckwheat
Hairy verba santa 2
Cour Lord's candle 0. '
Deerweed2
Golden yarrow 0,5
California Croton' 1
Coldenbush 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 sire 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: % by native species(or 0% of average existing cover);
• Species Richness; Minimum of 5 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 dopes of the quarries shall
be reclaimed and revegetated per the approved Mine and Reclamation Plan for
the Upper Santa Arta River Wash Aggregate Lands to be Operated by Cerner
Contraction !materials L.P., and approved by the City of Redlands, with plant
species common to the Riversidean Fluvial Fan Sage Scrub Community.
17 (MMP BIO-1 7) The mine operators shall implement reclamation and revegetation
concurrent with ongoing mining per the Mine and Reclamation Flan for the tipper
Santa Ana River lash Aggregate Lands to be Operated by Cerner Construction
Materials L.P. and approved by the City of Redlands.
G. The following conditions shall be satisfied prior to relocating the Ready-
Mix Plant:;
Conditional Use Permit No, 952
Conditions of Approval
Page f
1. The applicant shall submit an application for Commission Review and Approval
prig to the development of the relocated ready Mix plant for approval of the site
plan.
Qsoa rr
Community Development Director
IMUNICIPAL UTHATIES AND ENGINEERING DEPARTMENT
DEVELOPMENT REQUIREMENTS
CONDITIONAI, USE PERMIT NO. 952
Date of C.C. Meeting: August 3, 2010
Applicant: Cemex Construction
1,.ocation: Alabama Street 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 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 Works Construction -- Greenbook";
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 "'Fake" permit by USFWS, 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 prior to execution by
the property owners. The required dedications are as follows:
3. 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 parcel currently identified as AP N 167-011-1 " including
comer cutoffs to accommodate 50 foot radius curb returns and
pedestrian ramps required for the construction of the projject entrance,
turning lanes, and tapers.
K Dedicate to provide for adequate slope easements for the required
widening of Alabama Street as needed and as approved by the City
Engineer.
c, Dedicate to provide for adequate drainage easements for the required
widening of Alabama Street as needed and as approved by the City
Engineer.
& Provide on-site reciprocal drainage easements as needed and as
approved by the City Engineer,
e. Dedicate to provide public use trail easements as required.
Added subsequent to the.Areae 8, 12o1 1,11 arming Commission .1feeting.
CUP 952
August 3, 2010
Page 2
1 All support documentation shall be submitted with the plans to be checked.
Submission shall include:
a. `Title Reports and backup documents for the property
b. All record maps and deeds referenced
C, Easement Documents
d. Boundary and Lot Closure Calculations
e. Record plans, maps and documents
3. 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 must be submitted for review and approval before recordation.
B. Prior to the commencement of operations on previously undisturbed ground, the
following condition must be met.
1. Pay plan check fee for documents/plans listed in this section as established per
resolution, The amount is to be determined at time of plan check submittal.
2. SWPPP/Erosion Control Plan. Erosion/Sediment 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 (S 'PPP shall be
submitted to the City of Redlands and the City of Highland for review.
SWPPP Best Management Practices (BMP s) 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).
3. For all development requiring coverage under the state of California General
to 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 NO[ shall be submitted for
review and file. Call (909) 782-4130,
4. 'rhe 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 must be
completed.
I The application shall pay Development Impact Fees that are in effect per City
of Redlands Fee Resolutions and/or "Municipal Code at the tirric of payment.
2, Project Proponent shall Submit to the City a Traffic Study that analyzes mine
production and all other Vehicular activity at the project sites in order to
estimate the average daily project trips by vehicle tpe over the life of the
project. fhe 'rratfic Study shall be revieked and approved by City Staff, rhe
CUP 952
A ugust 3, 2010
Page 3
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 USFWS, the following
conditions must be completed.
I Pay plan check fee for doe it ments/p tans listed in this section as established per
resolution. The amount is to be determined at plan check Submittal.
2, Plans required to be submitted shall include:
a. Street Construction and Erosion Control Plans;
b. Pavement Striping Plans;
C. Street Tree Installation -- Street trees 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" at 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 be accepted for plan check,
4- WPPP/Erosion Control Plan, Erosional Sediment Control Plan for the
widening of Alabama Street shall be submitted with street construction plans
to the City of Redlands for review and approval. A copy of the prQject's Storrn
Water Pollution Prevention Plan (SWPPP) shall be submitted to the City of
Redlands for review. S 'PPP Best Management Practices (BMPs)<to prevent
and control discharges to the municipal separate storm sewer (drain) system
shall he in effect 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 Gleneral
Storm Water Permit, in effect at the time of permit issuance. and whom have
filed with the State Board a Notice of Intent (Not). a copy of the Waste
Discharger Identification Number (WDID) and OI shall be submitted for
review and file, C all (909) 782-41X
6s Water Quality klanagement Plan- A WQIMP for the widening of Alabama
Street shall be submitted with street construction plans (or review and
CUP 95
August:3. 2010
Page 4
approval. WQMP shall consist of past construction Best Management
Practices (B Ps) prepared in accordance with the requirements and guidelines
of the San Bernardino County-Ston-nwater Program. -rhe requirements of the
WC P shall remain in effect throughout the life of the project'.
Finalize and obtain all necessary onsite and offsite permissions, permits,
easements, right-cif-way, and properties in order to satisfy the conditions of
approval for this project. Such items shall include
as Signed/notarized Offsite letter of permission to conduct certain work.
b. Offsite/onsite easement to construct/install/maintain certain
improvements,
C. Offsite/onsite right-of-way to construct/install/Maintain certain
improvements.
,. Encroachment Permits from City of Highland, City of San Bernardino
County, and other agencies.
e: 401Certification (California Regional Water Quality Control Board)
and 404 hermit(U.S. Army Corp of Engineers).
S All Public improvements shall be designed by licensed Civil Engineer in the
State of California. All existing utilities shall be pot-holed 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.
. 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.
10, Final City approved mylars for all public improvements shall be on file with
the Municipal Utilities and Engineering Department.
11. Plan requirements for Alabama Street from the northerly limits of
improvements required for the construction of street improvements, project
entrance, turning larges, and tapers to the southerly limit of improvements as
described in this Condition.
a, Construct standard curb and gutter at 52 on the feet east side of street
centerline f'rorn the project entrance southerly it) provide for the
required turning lanes. Turning lave storage on the east: side of
Alabama Street shall extend to the end of curb return for the project`
entrance from a point 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 conipleMent the San Bernardino County Hood
Control District Bridge Replac;entertt Improvement PmJect at City,
Creek to the Northerly City liniits:
CUP 952
August 3, 2010
Page 5
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 standard street section between new curb or ed g e of
pavement and street centerline consistent with the City Standard
verified through a geotechnical report. Structural Section of the street
shall be based upon Traffic Index of 11.
d. Provide standard street section on the west site as needed to maintain a
12 foot traffic lane with a 4 foot striped shoulder.
e. Design and construct a decomposed granite multi-use trail and Class 2
Bicycle trail from the southerly limit of improvements described in
Conditions I I-a and I I-b above to signalized project entrance. The trail
across the driveway entrance shall comply with all ADA accessibility
requirements. Location of the trail along the turn lane curb and gutter
constructed as described in Condition I I-a above will be per the
landscaping design plans for the CUP. The location for the trail
southerly of the turn lane to the south will be determined at time of plan
preparation. Coordinate with City staff for guidance at that time.
f. Install LED ornamental street fight(s) with the equivalent illumination
of a 150 watt sodium vapor street light. Prepare and submit a separate
street lighting plan for City approval, Street light spacing shall be
determined by the City of design specifications. Installation of
approximately one (1) or two (2) lights will be required, Location of the
lights will be determined at the time of plan preparation. Coordinate
with City Staff at that time.
9. Provide street trees spaced every 40 feet avoiding sewer and water
laterals. Prepare and submit a separate street tree plan for City
approval. -
h. Construct underwalk drain, if necessary.
i. Utility relocation, if necessary.
11 Install a City approved traffic video detection system at the Alabama Street
project entrance, Ins-tall a camera/DVR 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 50' 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 a concrete pavement structural section,
14. Design pavement striping to provide a south bound 1cft turn lane and a north
bound right turn lane at the Alabania Street project entrance as described
above. Plans shall include Class 22 Bicycle Trail in both northerly and
CUP 952
August 3, 2010
Page 6
southerly directions. Prepare and submit a -separate striping plan for City
approval.
15. Design to install 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 Alabama/3rd 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 Street/3'4 Street and Palm
Avenue/5"' 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.
16. 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. 952 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, decomposed granite
multi-use trail, 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. Improvement bonds must be posted for the total estimated cost of Public
improvements as follo-vvs:
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 Bonds, Letter of Credit from a qualified
Bank or institution, and Cash Deposits.
X 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,
21. FIxecute a Public Improvement Agreement for the required improvements.
CUP 952
August 3, 201 l
Page 7
E. The following items are required prior to issuance of the ENCROACHMENT
PERMIT for construction of improvements.
I Cash cleanup deposit shall be, submitted ($1,000.00). Deposit will be
reimbursed after the work is completed and accepted by the City upon written
request.
1 Section 4216/42 17 of the Government Code requires a Dig Alert Identification
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-
22-7-2600, two (2) working days prior to conducting any excavation.
1 Encroachment Permit application and three (3) sets of City approved plans
must be submitted for all Public improvements. Encroachment Permit fees
shall be paid 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.
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 pavement. The
report shall include test results and boring/sampling locations.
6. A traffic control plan shall be prepared in accordance with the latest revision of
Chapter 5 of the State 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 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
Tight-of-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 requirement as described in Nos. 19-
21 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 is to be modified as part of the required street improvement work.
9. 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 pavement
may include asphalt concrete overlay, T-cut trench repair and/or slurry seal.
'The limits of pavement repair shall be across all or a portion of file damaged
pavement as determined by the City Frig'
in
geer.
CUP 952
August 3, 2010
Page 8
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 APPLICATION FOR
WATER SERVICE CONNECTION and prior to WATER METER
INSTALLATION.
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 F of these
conditions of approval shall be met.
1 All improvements shall be reviewed and accepted by the City Engineer.
3. Owner's Licensed Land Surveyor shall reset survey points, monuments, record
comers, and centerline ties that were destroyed during construction and shall
file Comer Records for those points prior to completion of the project with San
Bernardino County Surveyor. Copies of information shall be furnished to the
Municipal Utilities and Engineering 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 CD-ROM 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.)
& Streets may be required to have a seal 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 darnage.
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 strects in two (2) phases with last
phase being delayed until 95 percent of construction has been completed, or on
approval of the City Engineer.
CUP 952
August 3, 20 10
Page 9
It. Within rive years of issuance of "J'ake" permit by USFWS, the following
conditions must be compitted:
I All requirements as described in Sections A, B, C, D, E, t' anal 6 of these
conditions of approval shall be met.
I. The following items are required prior to release of
BONDSIWARRANTIES/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 bond s/warranties/deposits must be requested in writing to the
City Engineer. AlloNN 30 days for the processing of the bond release(s).
IF z
ROSF,MAR t-lOEl2l*+ll Initial Initial
Director of Municipal Utilities
and Public Works Engineering/City Fngineer
DY/CD-akc
FILE, CUR-9-521