HomeMy WebLinkAbout6977_CCv0001.pdf RESOLUTION NO. 6977
A RESOLUTION OF THE CITY COUNCIL DE THE CITY OF REDLANDS
APPROVING A RECLAMATION PLAN FOR AGGREGATE MINING
OPERATIONS TO BE CONDUCTED BY CEDEX CONSTRUCTION
MATERIALS PACIFIC, LLC ("CEME ") PURSUANT TO CONDITIONAL
USE. PERMIT NOS, 950, 951 AND 952,
BE IT RESOLVED,by the City Council of the City of Redlands as follows:
Section 1. The City Council of the City of Redlands "this City Council") hereby
approves the Reclamation Plan, a copy of whichis attached hereto as Exhibit "A," for
Conditional Use Permits Nos; 950, 951 and 952, subject to the Conditions of Approval attached
hereto as Exhibit"B," and based upon the following;findings.
A. That this City Council finds, and the Department of Conservation's Office
of Mine Reclamation has found, that the Rexclai ation plan complies with Sections
2772, 2773 and 2773;1 of the Public Resources Code, and other applicable lay.
B. That the Reclamation Plan, and the proposed uses of lands that will b
reclaimed pursuant to such plan which are open space, groundwater recharge
and/or water storage, are consistent with Chapter 18.266 of the Redlands
Municipal Code, as well as the policies of the Redlands General Plan's Open
Space and Conservation Element.
C That the Reclamation Plan has been reviewed in accordance with CEQA
and the City's CEQA ,guidelines, and all significant adverse impacts resulting
from the surface miming operations addressed by the plana are mitigated to the
maximum extent feasible. The Reclamation Plan is consistent with the Upper
Santa Ana River Wash Land Management and habitat Conservation. Plain which
covers aggregate mining activities of Cernex Construction Materials Pacific, LLC`
can the areas designated in the band Management Plan for mining, including
construction of aggregate vehicle haul roads, and reclamation of the mine pits at
the,conclusion of the mining operations. All environmental impacts related to the
proposed mining operations have been; disclosed in, an Environmental Impact
Report certified by the San Bernardino Valley Water Conservation District
(SB WCD) on November 12, 2008 (SBVWCD Resolution No. 443), The
proposed mining operations addressed by the Plan have been lawfully conditioned
with mitigation measures from. the Environmental Impact Report to ensure that
the Training;operations will have;limited effects on the environment.
D. That the land and water resources to be reclaimed will be restored to a
condition that is compatible with the surrounding natural environment,
topography, and other resources, or that suitable off-site development will
compensate for related disturbances to resource values. Cemex proposes to mine'
the East Quarry North, West Quarry and the Alabama Street Quarry and reclaim
the project site to accommodate the end uses of &,,round water recharge, water
storage basins, recreation, and open space. A revegetation program will be
implemented with the goals of reducing potential erosion, and visual impacts and
reestablishing native habitat. Only native species, which currently occur adjacent
to the sites of the proposed mining operations, will be utilized, and the genetic
balance of the area will be maintained by avoiding the introduction of non-native
species from outside the immediate vicinity,
E. That the Reclamation Plan will restore the mined lands to a usable
condition which is readily adaptable for alternative land uses consistent with the
City's General Plan, Such land uses anticipate the removal of all exiting
structures, tanks, equipment and aggregate stockpiles. The land will then be
covered with salvaged topsoil material and revegetated. The final uses for these
reclaimed lands are ground water recharge, water storage basins, recreation and
open space.
F. That a written response to the State Department of Conservation's
Director has been prepared, describing the disposition of major issues raised by
the Director. Where the City's position is at variance with the recommendations
and objections raised, by the Director, said response shall address, in detail, why
specific comments and suggestions were not accepted. On March 12, 2009, Staff
submitted the subject Mine and Reclamation Plans to OMR for technical
assistance. On April 13,2009, OMR provided comments including a request for a
single reclamation plan be provided for all three quarries. On August 27, 2009,
City staff requested a formal review of the Reclamation Plan, and on September
3, 2009, OMR informed the City that the Reclamation Plan satisfactorily
addressed all OMR comments.
ADOPTED, SIGNED AND APPROVED this 3rd day of August, 2010.
Mayor of the City of Redlands
ATTEST:
V,
ity7lerk70
2
I, Sam Irwin, City Clerk of the City of Redlands, hereby certify that the foregoing Resolution
No. 6977 was duly adopted by the City Council at a regular meeting thereof held on the 3rd day
of August, 2010 by the following vote:
AYES- Conn cilmembers Harrison, Gallagher, Aguilar; Mayor Gilbreath
NOES: None
ABSENT: Councilmember Bean
ABSTAIN: None
anna Irwin,City perk
3
RESOLUTION NO.x 6977
EXHIBIT 'A'
RECLAMATION PLAN
ATTACHED IN A SPIRAL BOUND BOOK
EXHIBIT 'B'
CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT
NOS. 950, 951 , AND 952
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 (USF S) approves a Habitat Conservation Plan
(HCP) and companion Habitat Management Plan (HMP)-,
• The USES, 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 seg: 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 of Approval
Page 2
Permit has taken place within twenty-four (24) months after the approval
of said Permit.*
b. Where circumstances beyond the control of the Applicant cause delays
which do not permit compliance with the time limitation established in this
Section. The reviewing authority may grant an extension of time for a
period of not to exceed an additional twelve (12) months. Applications for
such extension of time roust set forth, in writing, the reasons for this
extension and shall be filed together with a free, as established by the City
Council, with the Planning Division no less than sixty ( 0) nor more than
ninety ( 0) calendar days before the expiration of the twenty-four (24)
month period.
NOTE: All required on-site and offsite improvements shall be completed and approved
prior to final inspections for occupancy of any building or structure.
2. This Conditional Use Permit shall supersede all existing minim 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. Prior to the commencement of operations, the following conditions must
be satisfied.
I. The applicantshall 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 reviser/ Reclamation Plan shall be bound
in a -ring notebook and shall incorporate the revegetation plan, test plot plan,
Notice of Intent (NOI) and :storm Yater Pollution Prevention Plan, Financial
Assurances Estimates, and Conditions of Approval, Said reclamation plan shall
be Dept at the site at all times and be available to the inspector at all required
monitoring visits, The revised Reclamation Plan and attendant maps shall be
identified as Exhibit A to this approval.
2; Fuad 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 suit o $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 dearly legible metal signs demoting; "Disturbance Limits" shall be placed along
the inside limits of the buffer area adjacent to all property lines/permit
Conditional Use Permit No.950
Conditions of Approval
Page 3
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
prier 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 SBVWCD, site to monitor groundwater depths.
The monitoring well(s) shall be depicted and identified on the approved
Declamation Plan.
. 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 basest 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 (60) days of after Projectapproval.
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 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 ( IADA), 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 Declamation flan 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 l iirector.-
a t all angle points.
b At the intersections of the limits of the property.
x
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 posts firmly
embedded into the ground with a minimum above ground height of two
feet. The operator shallmaintain these markers to the satisfaction of the
Community Development Director awhile 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, shell serve a
the datum for all feature topographic comparisons following the start-up of
the operations.:
8 Prepare a detailed mine phasing plan for approval by the Community
Development Director. The plan shall provide for the completion of reclamation
as quickly as possible following phased resource depletion:
9. Lockable gates shall be placed at all vehicular access points to the permit area.
10. (MMP' AIR-8) Robertson's and Cemex Construction Materials Pacific LLC
(Cemex) shall enter into a memorandum of understanding (MMU) 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 8 lest„ San Bernardino
Meridian. A copy of the MOU shall be filed with the City of Redlands and the City
of Highland prier to miring in this previously described area;
11Prior to any mining activity on any new undisturbed land related to this
Conditional Use Permit; the Wash Task Farce (of which the Applicant is a
member) shall first obtain approval of the NCIH and issuance of a Section 10a;
Incidental Take Permit from the USFWS and a Section I080.1, Consistency
Determination from the California Department of Fish & Garble..
12. (MMP HAS- ) 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 (DTSC) standards shall he completed and submitted to the
City of Redlands and the:City of Highland for review. In the evert 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, State, and/or federal entity,
Conditional Use Permit No.950
Conditions or Approval
Page 5
prior to any ground-disturbing activities within 100 feet of any hazardous material
site identified during a project-specific Phase I ESA..
13. (MMP AIR-1) Cuff road diesel-fueled vehicles used for construction andlor
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 4,3, Chapter 9, Division 3 of Title 13 of the California Code o
Regulations.
14. (MMP AIR-2) Heavy-duty diesel equipment used for construction andlor`
operations under this permit shall have exhaust particulate taps or superior'
technology certified and/or verified by the US, Environmental Protection Agency
or the California Air Resources;Board installed, if such traps are available,
1 ; (MMP AIR-2) Heavy-duty diesel equipment used for construction shall be fitted
with the most;modern or superior emission control devices and be kept in proper
tune to minimize construction vehicle emissions, where feasible:
16. (MMP BIO-2 ) As part of its raining expansion, Cemex shall remove trees and
other significant vegetation that may provide nesting habitat for migratory birds
from the minim 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 nays 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 (2019 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 duffer areas shall be delineated with orange
construction fencing.
17. (MMP BIO-2 ) Prior to mining within all raining expansion areas, Cemex shall
conducta habitat assessment for burrowing Cowl: 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;
(game ( DFC).
a.; Avoid disturbance within 160 feet of occupied burrows during non-
breeding
n-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
S
Conditional Use Permit No. 950
Conditions of Approval
Page
nesting owls or occupied burrows are; found within the areas to be
impacted, the above mitigation measure shall be implemented.
18: Should cultural resources be discovered during project construction and/or
mining, all work in the area of the find shall cease and a qualified archaeologist'
shall be retained by the project sponsor to investigate the find, and to mak
recommendations on its disposition. If human remains are encountered during
construction all work shall cease and the .fan Bernardino County Coroner's
Office shall be contacted pursuant to Health and Safety Code provisions;
a. (MMP UL- ) A qualified archaeological monitor shall be present during
initial ground disturbing activities in the mining portion of the proposed
Upper Santa Ana River Wash Land Planning Area ("the Planning Area®`):
The monitor shall be empowered to temporarily halt or redirect
construction and/or mining activities in the vicinity of the find until the find
can be evaluated by a certified archaeologist,
b. (MMP CUL- ) 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. CA-BBF:- 7 H 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 thein in
an historical context.
C. Data Recovery., if the resources and/or artifacts are determined to be
eligible for the California Register of Historic Resources, additional
archaeological data recovery excavations would be necessary, Data
recovery shall consist of a research design, hand and/or block
architectural excavation, laboratory analysis, research, a data recovery
report and curation of collected artifacts.
20. MMP HA - ) All loads in open street-legal trucks shall be no higher than 8.0
inches below the top of the truck wall or shall be covered, and shall he subject to
spat inspection pursuant to the Community Development Director of the City of
Redlands or his or her assignee.
Conditional Use Permit No. 950
Conditions of Approval
Page
1, (MMP HYD-1) Prior to any mining activity on undisturbed lands related to this
Conditional Use Permits Cemex shall develop or revise a storm water pollution
prevention Plan (SWPPP) for routine mining activities associated with neer
excavation areas. The S UPPP shall emphasize structural and nonstructural hest
management practices (BMPs) to control sediment. Cemex shall submit the
S /PPP to the City of Highland and the City of Redlands for review and approval
22. (MMP HYD-2 ) Prior to any alining activity on undisturbedlands 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/or excavation waste is subject to compliance with
all applicable waste disposal regulations and requirements. Cemex shall submit
the SPP to the City of Redlands and the City of Highland for review and
approval.
B. Within 180 days of project commencement, the fallowing conditions must
he completed to the satisfaction of the Community Development Director:
1. The applicant shall prepare a plan for the implementation of revegetation= test
plots. Said plan shall be prepared to the satisfaction of the Community
Development Director. This plan shall become part of the revised reclamation
plan. The plan shall be implemented on the first area available for reclamation®
The test plots may be coordinated with Robertson's extractive saes in the Upper
Santa Ana River "Yash 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 the Community
Development Director for the purpose of controlling weeds on all areas of the
site. The weed control plan shall augment weed control measures identified in
the Revegetation Plan. The weed control plan shall be submitted within 180 days
of Reclamation Plan approval.,
3. An erosion and sedimentation control plan shall be prepared to describe specific
measures to be put in place that will prevent uncontrolled erosion and eliminate
potential drainage hazards. The plan shall be presented on a map showing the
location and sire 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 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 US ''V S, the following
conditions roust be completed:
1, Maintain traffic pattern for company and cion-company trucks in accordance with
Access Alternative d as described in the EIR and the traffic study for the project.
The proposed 5th Street haul road exit shall only be used by project traffic that
goes south on SR 210. All other project traffic shall use the Alabama Street
access. Install a camera/DVR system at the 5th Street haul road exit that is
capable of monitoring, counting and recording image and traffic data for a
minimum of 30 days.
2. Install a video detection system at the Alabama street project entrance, Install a
camera/IVR 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 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
Grange Street project entrance:
E. The operator shall comply with the following conditions during the terra of
the Reclamation Plan for the project:
1 The City of Redlands and the amity of Highland shall be notified within thirty'( 0)
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.
2e, 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 �
f
Conditional Use Permit No, 950
Conditions of Approval
Page
8: Reclamation of the site shall commence as soon as feasible.
4. The project site shall be inspected annually to insure compliance with the
Conditional Use Permit and Reclamation Plan.
5. Maximum pit depth in the East Quarry North shall be 120 feet below pre-mining
ground surface.
8: Operations shall not be conducted within 20 feet of groundwater. No operations
shall be conducted in standing water:
. There shall be no expansion of use beyond the scope and mature described in
the Reclamation Plan without first obtaining approval.
8. All drainage control structures shall be maintained free of debris and in good'
working order.
9. Safety berms a minimum of three (3) feet in height shall be placed at the top of
slope above all working areas, including internal haul roads.
10: Mining advancement shall be conducted in small areas along the periphery of the
reclamation plan area. The working face shall not be more than 30 feet in height
and shall be regraded to final slope conditions as soon as possible following
resource recovery. This condition is intended to result in the greatest amount o
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 a
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`.
11 As an area is cleared for miring, vegetation shall be chipped; and placed in
topsoil piles or used as mulch covering for revegetation.
i'
14 Prior to revegetation, soil analysis shallbe conducted' on the areas to be
reclaimed to determine: the presence or absence of essential elements as
compared to natural kcal soils; If nutrients deficiencies are noted, soil
amendments shall be added, as necessary, in an effort to replicate natural topsoil
conditions.
,
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 status of all areas within the permit area
including:
1) New disturbance within past 12 months.
2) Areas reclaimed within previous 12 months.
3) Location of test plots.
4) Location of topsoil stockpiles.
5) Proposed new disturbance during the up-coming year.
6) Identification of areas proposed for reclamation during the up-
coming year (beginning July 1).
7) The areas where mining is restricted due to the presence, or
potential presence of endangered species.
d. An aerial photo at a scale of 1" = 400' taken with in the last 6 months of
the reporting year,
e. Description of test plot results.
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 not yet achieved revegetation success criteria,
4) vertebrate recolonization,
5) repair of areas with excessive erosion,
6) a statement that reclamation has been initiated on all areas
available for reclamation in accordance with the approved
reclamation plan.
9. Revised Financial Assurance Estimate.
h4 Description of monitoring activities during the past 12-month period
including ground water elevations and others.
is The Annual Monitoring Report shall provide adequate explanation of why
areas may not be reclaimed due to the presence of endangered species.
Conditional Use Permit leo, 950
Conditions of Approval
Page 11
18. Cemex shall comply with Rule 40 (Fugitive lust) of the South Coast Air Quality
Management District during mining operations and reclamation including, but not;
limited to, watering of haul reads, limiting trunk 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 Mule 1157 (PM10 Emission Reductions from Aggregate
and Related Operations) of the South toast Air Quality Management District
during mining;operations.
g Mining operations shall be discontinued if wind speeds exceed 25 mph.
1; 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 paints,
Upon notification, Cemex will remove and/or cleanup said spills before noon of
the day following the day of the spill
'. Cemex shall ;comply with all requirements of the rational Pollutant Discharge
Elimination System ( PIE ).
; . Strobe lights 'shall be installed for use during night operations on all off road
equipment as allowed by the fine Safety and Health Administration (MHA) and
the California Division on of Occupational Safety and health (Cal OSHA).
2 . 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.
5 Rack crushing equipment may not be operated before 5 a.m. or:after 10 p.m, on
any day of the year...
6. 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. Shipping shall
be allowed 7 days per week, 24 hours per day.
7. The Applicant shad 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 River Wash Land Management and
Habitat Conservation flan and entitled Mitigation\Monitoring and Reporting
Program,
Conditional Use Permit No,95
Conditions of Approval'
Page t
g_ Cemex shall comply with all requirements of local, regional, state and/or federal';
rules, regulations, and/or ordinances.
0. 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 attach„ 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 includes but not be limited to, damages, fees, casts,
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 Cemex quarries within the Upper ,Santa Ana river Wash Area
shall not exceed a production level of 3 million tons annually.
. (MMP REC-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 Wash Task Farce, 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 blaster Plan to be developed;as part of
implementation of a Habitat Conservation Plan for the Planning area.
The amount of the cash deposit will be determined by an
implementation program outlined within the Trails Master Plan for the
Planning Area.
b; 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 City, t
the City of Redlands for the exclusive use of trails education and
I
Conditional Use Permit No, 950
Conditions of Approval
Fete 13
outreach programs for the Planning Area. The education outreach
program shall focus on litter and pat waste and include. but not b
limited to the following elements: advertising, community outreach,
strategic partnerships, media, youth education and business and
stakeholder outreach.
33 (MMP BIO-18) Cemex shall be prohibited from minim the area encompassed by
the Slenderhorned Spineflower Enhancement and Relocation Plan ( LERP) until
such time that the LERP has effectively transplanted or relocated all members
(or a sufficient number as determined by U FW ) of the slender-horned
spineflower from the SLERP area, or the U FW a determines the SLERP
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.
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 pavementstriping is
to be modified as part of the required street improvement work.
36. Upon notification by the public or the City, clean up spilled concrete or aggregate
material on City streets by end of the same business day, or by noon the
following day' if notification is given after business hours. Repair damage to
pavement caused by hardened spilled concrete as necessary. implement
measures to minimize track out of dirt onto City streets. Sweep City streets at
least once a day along the project truck route, or as frequently and at locations;
as required by the City Engineer.
F. The following conditions are performance standards for reclamation:
1. Unless explicitly stated otherwise in this permit, Cemex shall perform alining and
reclamation activities as specified in Mine and Reclamation nation Plan for the Upper
Santa Arca River Wash ,aggregate Lands to be Operated by Cemex Construction
Materials L.P.: Alabama Street Quarry, West Quarry, East Quarry/North, updated
January 2008 and approved by the City of Redlands on (Date _).
This plan will be referred to hereinafter as the "Mine and Reclamation Plan."
2. Prior to the placement of topsoil and/or seeding, of reclaimed lands, all surfaces
shall be ripped to a minimum depth of 12 inches,
Conditional Use Permit No. 950
Conditions of.Approval`
Page 14
The top 5 inches of undisturbed topsoil shall he salvaged for reuse in
revegetation. Unless specifically waived by the Director of Community Director,
salvaged topsoil shall be placed directly on reclamation sites.
. Stockpiling of topsail 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 shallbe a minimum of 4
inches in height,
5.. Final reclaimed slopes shall be graded as shown on Exhibit "A" (Reclamation
Phase Map) and, unless restricted by endangered species habitat, is specified as
follows:
a Maximum reclaimed slope gradient and berms for the East Quarry North
shall not exceed :1 (horizontal:vprtical)
5. R vegetation' shall be damned complete when 50 percent of species diversity
and 50 percent of species density have been achieved on all reclaimed sites for
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 gg days of operation
termination and completed in one year.
All roadways, which will not be retained for post-mining uses, shall be reclaimed
and revegetated with the Riversidlan Alluvial Fan species identified in the
Reclamation Plan at the conclusion of mining/hauling activities. Maximum width
of retained roadways shall be 22 feet unless otherwise approved by the
SBVWCD or the City Community Development Director.
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.
% 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� Foch area reclaimed shall be identified on a wrap 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 1
performance criteria are achieved. ;annual monitoring reports shall be presented
in accordance with Condition C.1 7.f.
12 All equipment and refuse shah 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 Pan Sage Scrub Community shall be included in the
revegetation seed mix of the seeding rate of pounds of pure live seediacre as
fellows:
SPECIES SEEDING RATE
(Pounds of Pure Live Seed/Acre)
California buckwheat
Dairy yerba santa 2
Cour Lord's candle g:
eerweed 2
Golden yarrow 0.
California croton 1
{ oldenbush 1
California sagebrush 1
Lemonadeberry 0.25
White sage g.
Laurel sumac 0.25
'
Dative Annuals Seed Mix 1
14. Seeding rates shall be adjusted to account for size of seed and Pure Live Seed
(PLS) rates A. competent revegetation professional shall be consulter) to
determine the proper seeding rates for included species,
1 Performance criteria for revegetation success shall be collectively:
• Cover; 20% by native species for 0% of average existing cover),
• Species Richness: Minimum of 6 perennial shrub species (50% of
existing)
• Density: 10 stems if native perennials/25M2plot (50 of existing)
• Less than 20 percent non-native species-and
• Recruitment of native plant species seedling must occur.
16. (MMP AIDS-4) As reining activities are completed, the slopes of the quarries shall
be reclaimed and reveg tate l per the approved Mine and Reclamation Pian for
the Upper Santa Ana River Wash Aggregate Lard's to be Operated by Cerner
4
Conditional Use Permit No. 950
Conditions of Approval
Mage '16
Construction Materials L.P., and approved by the City of Redlands, with plan
species common to the Riversidean Fluvial Fan Sage Scrub Community.
17: (MMP BIO-17)) The mine operators shall implement reclamation and reveget tion
concurrent with ongoing relining per the Mine and Reclamation Plan for the tipper
Sema Arra River Wash ,aggregate Leads to be Operated by Cemex Construction
Materials L.P. and approved by the City of Redlands,.
Oscar Ord "
Community Development Director
r
MUNICIPAL IPA1 UTILITIES .SND EN( CiVE ER,t 1t DEPARTMENT
Tib ENT
DEVELOPMEN'r REQUIREMENTS
CC)Nl 1'TlONAL USE 1'E1 . 11`T NO.950
Date of C.C. Meeting. August 3, 2010
Applicant Cemex Construction
Location: East Quarry North
The applicant shall comply with the following engineering requirements as necessary because
the required construction is a necessary prerequisite to the orderly development rat 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 edlands Standard
Specifications and Detail Drawings for Design,and Construction of Public Improvements" latest
edition of Anaericat.n Public Forks Association " Standard flans for public Works" and "Standard
Specifications for Public Works Construction -- Greenbook'; latest edition of "Redlands 'dater
Systems Standard Specifications"; latest edition of"Redlands Sanitary Sewer Systems Standard
Specifications"; and current'R.edlands policies and guidelines relative to development projects.
A. Within 180 days of issuance of the ""Take" permit by USllaWS, the following'
condition must be completed.
I Submit executed dedication documents with legal descriptions and plats for Cit;
acceptance. 90 days shall be allowed for the review and approval by the City
Engineer of docuirients, legal descriptions, and plats prior to execution by the
property oxAmers. 'Hie required dedications are as follows'.
a. Dedicate to provide for a 44 foot half street right-of-way width can the east
side grange Street including corner cutoff to accommodate 50 foot radians
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-way (curb with plus 12 feet minimum)
beyond the, General Flan width Nvhen needed for construction of required
turn lanes at the Orange Street project entrance.
Dedicate to provide for public use trail easements as required.
C. Dedicate to provide for adequate slope easements for the required
widening of Orange ;street as needed and as approved by the City
Engineer.
d. Dedicate to provide for adequate drainage easements for the require
widening of Orange Street as needed and as approved by the City
Engineer.
e Dedicate to provide access, operation. and naaintenaance easements as
approved by the E:'ity Engineer for the two existing water well facilities
andak ti:rlinaes cast .1�'sf C�? 1-1 ' t.l6 attd 0291-122-01' .
F. Provtide on-site reciprocal drainage casements as needed and as approved
by the (IIty l Jnginc:er.
CUP 950
August 3+ 2010
Page
All support documentation shall be submitted with the plants to be checked.
Submission shall include:
a. Title Reports and backup documents far the property
b. All record snaps and deeds referenced`
C. Easement l ocutuents
d._ boundary and Lot C tosure Calculations
eRecord plates, maps and documents
. Dedication doc unac nts shall be prepared by a licensed land surveyor or registered
civil engineer (reg
istered 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
fallowing condition must be met.
1. Pay plan check fee for docurnents/plaits listed in this section as established per
resolution. The amount is to be determined at time of plan check;submittal,
2 S 'PPP/Erosion Control Plan: Erosion/Sediment C.'ontTot 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 tS'4 PPP) shall be submitted to
the City of Redlands and the City of Highland for review. S 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 constructions to its completion and acceptance by,the City(s)4
. For all development requiring coverage under the .state of California General
Storm Water Pen-nit. in effect at the time of permit issuance, and.:whom have filed
with the `Mate Dotard a Notice of Intent (IN1 1), a copy of the Waste Discharger
Identification Number (WDI ) and NOI shall be submitted for review and file.
"all (9119) 782-4130.
, The City approved SWP`PP docurne`tts shall be submitted to the Santa Ana:
Regional Water Quality Control Berard for acceptance and nionitorin .
C. Within 2 years of the Issuance of the CUP, the following conditions must be
completed.
_ The application shall play Development Impact Fees that are in effect per City of
Redlands Fee Resolutions and/or Municipal Code at the bi ne of payment.
2. Project Proponent shall submit to the City a Traffic Study that analyzes amine
production and all other vehicular activity at the project sites in order to estimate
the average daily project trips by vehicle type over the life of the project.
TheTraffic Study seawall be revie\-N d and approv=ed by City Staff". The average
CUP 950
August 3 20 10
Page 3
daily trips calculated in the Traffic Study will be used as the basis for calculation
oftraffic related Developr°nent Impact fees.
D. Within ? years of issuance of the -rake"e" permit by USFWS, the follow condition
must be completed.
I Pay plan check fire for docurne its/°bans listed in this section as established per
resolution. The aarnount is to be determined at plan check submittal.
I 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 Mod ificat on/Construction
e; Street I_.ight Installation . Provide street lighting Mara which show`
approved locations of service pedestal(s), conduits, street lights,
appurtenances, and any necessary detail by Southern California Edison
Company,
All plains 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 requiredAfter final review, plans shall be submitted on
24" x o" size:, train. 4 out, rnylar sheets for City's approval.
1 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 }clan submittal will not be accepted for plan.check.
4SWPPP/Erosion Control Flan. .rosiort/Sediment Control Plan for the widening
f Orange Street shall be submitted with street construction plans to the City{ of
Redlands tier review and approval, A copy of the project's Storrs Water Pollution
Prevention Ilan (SWPPPshall be submitted to the City of Redlands for review,
SWPPP Fest �=1ana ement Practices (BkfPs) to prevent and control discharges to
the municipal separate sharia sewer (drain) system shall be in effect for the entire
duration of project construction to its c mpletion nand acceptance by the City(s).
5; For all development requiring coverage under the state: of California General
Storm Water Permit_ in effect at the tinge of permit issuance,and whom have filed
with the State f1oaatd a Notice of Intent ( IC I), a copy of the Waste Discharger
Identification Number f`W()lD) and " CSI shall be subraaitted for review and file:„
Call (909) 2-4130.
Ca_ Water Quality `N'laanaige m nt Plan. A WQMP for the widening of Orange Street
shall be submitted with street construction plans for review and approval.
" MP sltaall consist of past construction Best 4aanaagetaaent practices (BMPs)
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 ofthe project.
7. Finalize and obtain all necessary on-site and offsite permissions, permits,
casements, right-ot-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. Offisite/onsite easement to construct/install/maintain certain
improvements.
c. Offsite/onsite right-of-way to construct/install/inaintain 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 detenpine 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
tn
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.
10Final City approved mylars for all public improvements shall be on file with the
Municipal Utilities and Engineering Departinent,
I I Plan requirement for Orange Street from the Highland City firmts to southerly
limit, of the northerly limits of CLJIP 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.
b. Construct a 420 footiong 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 11-a above,
C. Construct standard street section between new curb or edge of pavement
C,
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,
CUP 950
August 3. 2010
Page 5
d. Install I.E[) ornamental street light(s) with the equivalent illumination of a
150 watt soditan 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 lane curb and
gutter constructed as described in Condition I I-a above will be per
standard City design standards. 1,ocation of the lights southerly of the turn
lane to the northerly boundary ofCUP 948 will be determined at time of
plan preparation. (.7,00rdinate with City staff for guidance at that time.
eDesign and construct a decomposed granite 111111ti-LiSe trail and Class 2
Bicycle trail from the northerly boundary of CUP 948 to the City
boundary line. The trail across the driveway entrance shall comply with all
ADA accessibility requirements. f-ovation of the trail along the turn lane
curb constructed as described in Condition I I-a above will be per the
landscaping design plans for the CLIP. The location for the trail southerly
of the turn lane to the northerly boundary of CUP 948 will be determined
at tirne 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 APN 0291-122-06 and 0291-122-01, 'f he well site facilities
and water lines shall be protected in place,
11 Install is City approved traffic video detection system at the Orange Street project
entrance. Install a caniera/DVR system capable of monitoring, counting, and
storing image and traffic data for a minimum of 30 days.
13. Construct the Orange Street project entrance as a street type entrance with
handicap ramps and curb returns using a 50' turning radius to accommodate
T roject trucks. Remove existing asphalt pavement structural section within the
Orange Street project entrance intersection and reconstruct with an engineered
concrete pavement structural section.
14. Design pavement striping to provide a South bound left turn lane and a north and
south bound right turn lane at the Orange Street prQject entrance Is 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 project entrance,
Install signal liard,�vare and software as specified by the Redlands City Engineer,
A Video Detection System with wireless transmission to the City Traffic Signal
Center will be ret]Uired. Construct roadside barriers to protect the modified signal,
Obtain as construction permit from the Cily of Redlands and City of Highland.
CUP 950
August 3, 2010
Page
16. Design to provide for adequate drainage facilities for street construction. The
,applicant shall provide and submit all necessary hydrology/hydrautic studies ars
calculations in accordance with the Sart Bernardino County hydrology Manual.
IT 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. 950 to the City°
Community facilities District No. 2004-1, or a similar City community facilities
district, as designed by the City; (2) tale tractions 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.
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 t}% in bond form
Performance (Warranty) 10% in cash ( nini urn, 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.
20. The 10% perfoit-aance (warranty) deposit will be retained or one year after
completion and acceptance of public improvements by: the City for warranty of
Public work.
21. Execute public Improvement Agreement.
E. The following items are required prior to issuance of the ENCROACHMENT
EWN- 1T 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 210/4217 of the C;overnment Code requires ka Dig Alert Identification
Number be issued before a "Perr°uit to Excavate" will be valid. For your Dig Alert
Identification Number, call Underground Service Alert tall free 1-800-227-2600,
two(2)working days prior-to conducting any excavation,
3. Encroachment Permit application and three ( ) sets of City approved plans must
be submitted for all Public improvements. Encroachment Mertes€t fees shall be
paid prior to issuance of F croaac hrracaat Pcrmit
CUP 950
August '.'), 2010
Page 7
4. A California OSIIA Permit Number for all work that is five feet deep or deeper
shall be provided, Call (909)38"')-4321,
5. A copy of soils report is required with recornmendation for the final pavement
structural section to be submitted prior to placing of the street pavement- The
report shall include test results and boring0sampling locations.
6, A traffic control plan shall be prepared in accordance with the latest revision of
Chapter 5 of the State of Cali-fornia 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 right-
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".
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 the damaged pavement as
determined by the City Engineer.
11. Pay for relocation of any existing public utilities if found to be in conflict with
required street improvements. Coordinate with the respective public utility
companies.
F. The following items are required prior to approval of APPLICATION FOR
WATER SERVI(''E ('ONNECTION and prior to WATER METER
INSTALLATION.
None
CUP 950
August 3, 2010
Page 8
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 bei ma
1) 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 centertine 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
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.)
6. Streets may be required to have a seal coat applied at the option of the City
Engineer. 'type of seat coat is to be determined by the City Engineer.
T Resurface existing roadway as directed by the City Engineer due to utility
installations and construction damage.
8. Existing striping shall be removed and replaced as necessary- New striping and
pavement markings shall be installed as required by the City Engineer.
9. Contractors will be required to pave new streets in two (2) phases with last phase
being delayed until 95 percent of construction has been completed, or on approval
of the City Engineer.
H. Within five years of issuance of-Take" permit by USFWS, 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
BONDS/WARRAN`I*lVS/DCPosrrs.
I All requirements as described in Sections A. 13,, C, D. E. F and G of these
conditions ot"approval shall be inet.
CUP 950
August 3 201
Page 9
1 The release of bonds/warrantics/deposits must be requested in writing to the City
Engineer, Allow 30 days for the processing of°the bond release(s).
J. Ndditionai Conditions
l. 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 track 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 bring the existing pav rnent along the proposed truck crossing and;truck route
to an acceptable initial condition for sustainable use by the projects The applicant
shall theta 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 perfortned at the
applicant's expense that will identify the work to be performed as described in
Condition No. 3 of this Section.
2 The applicant shall pay the proportional fairshare of the City's increased costs to
maintain the pavement throughout the like: of the project. The SpA shall include
an operational description for calculation methodologies of determining the pro
rata share of increased costs amongst the participatory- patties and include
recommended payment schedules to the City,
3. The applicant shall repair. or pay the City to repair, pavement damages caused by
truck usage that is above and beyond the level of usage assumed in the Structural
Pavement Analysis. Truck usage; shall be as documented by the video detection
system installed per Condition D-12. Payment structural analysis will b
reviewed every five years.
. In addition, the applicant shall clean, clear.; remove, and dispose of any debris
and/or material deposited in the roadway as a result of operations on Grange
Street from the project entrance ars described in Condition D-1 3 to the Highland
City Limits.
ItC I!,MAR ' °tt ERNI G Initial Inin,l
Director of Municipal l ltitities;
and public Works 1"taginceri gig"ity Engineer
l '/C°I):atke
z C �19NJI