HomeMy WebLinkAbout2011/06/14 Item 07CITY COUNCIL
AGENDA STATEMENT
~~~ CITY OF
---- CHULA VISTA
Item No.• ~
Meeting Date: 06/14/2011
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA CERTIFYING THE FINAL ENVIRONMENTAL
IMPACT REPORT (EIR 11-01/SCH 2010101092) FOR THE
OTAY VALLEY QUARRY RECLAMATION PLAN
AMENDMENT; MAKING CERTAIN FINDINGS OF FACT;
AND ADOPTING A MITIGATION MONITORING AND
REPORTING PROGRAM PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE OTAY VALLEY QUARRY
RECLAMATION PLAN AMENDMENT, FOR THE QUARRY
LOCATED AT THE EASTERN TERMINUS OF MAIN STREET,
CHULA VISTA
SUBMITTED BY: ASSISTANT CITY MANAG EVELOPMENT SERVICES
DIRECTOR
REVIEWED BY: CITY MANAGER
4/STHS VOTE: YES NO X
BACKGROUND '
Otay Valley Quarry LLC ("Applicant") owns the Otay Valley Quarry ("Quarry") located at the
eastern terminus of Main Street. The Quarry is currently operated by Vulcan Materials
Company. Mining at the Quarry began as early as 1923 in the Otay River and has continued to
the present day (a portion of the Quarry property was formerly known as Otay Ranch Pit).
In 1973 the County of San Diego approved a grading permit for mining operations on the site. In
1977, the County renewed said grading permit allowing mining operations to continue at the site
indefinitely. In 1980, the County of San Diego formally determined that the site of the Otay
Quarry was a vested legally non-conforming mining operation. This determination was made
based upon the previously approved grading plan permit(s) and accompanying legal description
for the site. The vested right was acquired since the mine was in operation prior to the date the
County of San Diego first required a use permit for such operations. The site is also vested
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under state law because it was a legal non-conforming operation at the time of the enactment of
the California Surface Mining and Reclamation Act (SMARA). According to SMARA, a vested
right may be acquired for a mining operation if either a permit or other authorization was
required for such activity and it was obtained prior to January 1, 1976; or if mining was
conducted without a permit, it was pursuant to an existing legal nonconforming use as of January
1, 1976 (CA. Pub. Res. Section 2776).
The Quarry property was annexed into the City of Chula Vista ("City") in 1997. On December
16, 2008, following a public hearing, the City adopted a resolution (2008-297) confirming the
Quarry's vested status and the geographic scope of the vested mining rights. Because the Quarry
is a vested legal nonconforming mining operation, no conditional use permit is required pursuant
to Chula Vista Municipal Code (CVMC) Section 19.69.040. Vested mining rights at the Quarry
extend through all areas covered by the reclamation plan amendment. Other records, including a
March 3, 1997 pre-annexation development agreement between the Quarry's prior owners and
the City, acknowledge the Quarry's vested status (Attachment 1 -Vested Mining Area). Surface
mining operations at the Quarry include, but are not limited to, blasting, excavation, crushing,
materials processing, storage and hauling, and the sale and trucking of rock and construction
materials. These activities all fall within the approved vested mining rights at the Quarry, and
may continue until reclamation activities are completed.
The applicant intends to continue mining operations pursuant to the vested rights determination
discussed above. The continuation of mining activities requires the approval of an amendment to the
previously approved Reclamation Plan for the Quarry. The original Reclamation Plan for mining
operations was approved by the County of San Diego in 1979. An amendment to the original
Reclamation Plan was approved by the State Mining and Geology Board in 2006.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed project for compliance with the
California Environmental Quality Act and has determined that there is substantial evidence, in
light of the whole record before the City of Chula Vista, that the project may have a significant
effect on the environment; therefore, the City of Chula Vista has prepared an Environmental
Impact Report, EIR-11-O1/SCH 2010101092.
RECOMMENDATION
That the City Council hold the public hearing and adopt the resolutions certifying EIR-11-
O1/SCH 2010101092 and approving the Otay Valley Quarry Reclamation Plan Amendment.
BOARDS/COMMISSION RECOMMENDATION N/A.
DISCUSSION
The City of Chula Vista adopted its Surface Mining Operations Ordinance (Chapter 19.69) in
2003. State law requires that all cities with surface mines within their jurisdiction adopt such an
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ordinance; !Alta„hment 2). Because the City of Chula Vista has a surface mining ordinance, it
serves as the lead agency with regard to the review and approval of reclamation plans.
Reclamation Plans are, however, subject to state review and comment prior the adoption of a
Reclamation Plan by the City.
Chapter 19.69 of the CVMC and SMARA require that all surface mining operations "reclaim" or
rehabilitate affected lands to a usable condition upon termination of extraction activities and, as
such, are required to have a Reclamation Plan approved by the lead agency. Pursuant to state and
local law, Reclamation Plans shall at a minimum provide details of the mining operation, the
final post-mining reclamation of mined lands, a schedule for reclamation, and an accurate
estimate of reclamation costs.
State and local law further require that "Financial Assurances" be provided by the operator to
insure that dedicated funds are available to cover the estimated reclamation costs. This requires
that a bond or similar mechanism be posted to cover reclamation costs, as approved by the City
of Chula Vista and the State Office of Mine Reclamation ("OMR"). The existing quarry
operation has a performance bond of approximately $2.3 million for reclamation pursuant to the
current Reclamation Plan. Staff has reviewed the financial assurance estimate provided with the
Reclamation Plan Amendment and has found it to be consistent with City standards.
The project site encompasses approximately 278 acres, of which 197 acres would be reclaimed
pursuant to the proposed Reclamation Plan Amendment. The project site is an active resource
mining and extraction azea where mining has or will occur over the life of the Quarry.
Reclamation would occur on the 197 acres of the site upon resource depletion in the year 2089.
Although some stages of reclamation may occur prior to 2089, final and complete reclamation of
the site would occur after the Quarry ceases operations in 2089.
As presented in the proposed Reclamation Plan Amendment and pursuant to California Code
Regulations (CCR) Section 3502(h)(1), the Reclamation Plan Amendment functions as an
amendment to the currently adopted Reclamation Plan approved by the State Mining and
Geology Board on June 13, 2006, .for the mining of a new surface area that is consistent with a
vested mining rights determination made by the City of Chula Vista.
The Otay Valley Quarry Reclamation Plan Amendment is proposed to supersede provisions and
requirements of all previous Reclamation Plans and amendments with respect to the project site
as shown in Attachment 3. As indicated in the proposed Reclamation Plan Amendment and
associated EIR, certain portions of the Quarry boundary are subject to provisions of the current
Reclamation Plan. Specifically, these portions are known as the "North Parcel," the "West
Parcel," and the "South Parcel;" the location of these pazcels is illustrated in Attachment 4.
The North Parcel (10.4 acres) has substantially initiated reclamation activities, and future
reclamation and revegetation of this pazcel would comply with the currently adopted
Reclamation Plan, as well as additional requirements of the Multiple Species Conservation Plan
(MSCP). The West Parcel (7.02 acres) has already been reclaimed in accordance with the
currently adopted Reclamation Plan. The South Parcel (21.86 acres) has substantially initiated
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reclamation activities and will remain subject to the requirements and success criteria established
in the currently adopted Reclamation Plan.
Proposed reclam«tion activities to be completed on the remainder of the project site would
reclaim what is currently an active mining and resource extraction operation. The Reclamation
Plan Amendment would create open space that would include revegetated slopes with mine
benches, a depression where groundwater would fill the Quarry pit area creating a water body
with the appearance of a freshwater lake, vertical cuts in the Quarry walls to provide variation in
the uniformity of slopes, graded and compacted areas for future urban uses, berm revegetation,
and erosion control seeding as needed. Following completed reclamation activities, the reclaimed
Quarry site would be considered an aesthetic enhancement from the baseline condition of
disturbed land that has resulted from the vested mining operations.
As stated above, the reclaimed site would incorporate a water body at the base of the finished
Quarry walls. The current mining operation will ultimately excavate to depths that are below the
local groundwater table, leaving a water feature at the end of mining and prior to reclamation.
The Quarry floor is planned for a maximum depth of approximately 300 feet below mean sea
level, with a water surface anticipated at approximately 100 feet above mean sea level. This
would result in a water feature with a depth of approximately 400 feet once the basin fills over
the course of several years.
Reclamation would soften the appearance of the present stazk mining operation through vazied
slopes and natural vegetation, allowing it to blend with surrounding open space uses of the same
or similar vegetation palettes. As part of final phases of mining and prior to reclamation
activities, Quarry slopes would be cut at a variety of gradients ranging from a maximum of 2:1 to
approximately 8:1 on fill slopes and 1:1 slopes with intermittent neaz vertical cuts on the Quarry
sidewalls. This variation in the gradient would reduce the uniformity of the slopes and provide a
more natural appearance to the reclaimed Quarry walls. Natural rock outcroppings are
anticipated in some areas after reclamation, simulating the natural topography of the surrounding
landscape. Completed reclamation would ensure the project site maintains a similar visual
quality as that of the surrounding landscape:. All fill slopes would be covered with native
vegetation including sages, grasses, and a variety of native plants selected for erosion control.
Plant species that would be used in revegetation are common to the site and: surrounding azea and
aze intended to facilitate the project's visual compatibility with the natural landscape following
cessation of mining operations. Afour-foot-high, five strand, barbed wire safety fence would be
constructed around the perimeter of the reclaimed site at the time of reclamation in order to
prevent unauthorized access.
ENVIRONMENTAL IMPACT REPORT
Section 21002 of the California Environmental Quality Act (CEQA) requires that an
environmental impact report identify the significant effects of a project on the environment and
provide measures or alternatives that can mitigate or avoid those significant effects. This project
EIR contains an environmental analysis of the potential impacts associated with implementing
the proposed Reclamation Plan Amendment.
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The subject EIR has been prepared as a Project EIR, as defined in pursuant to Section 15161 of
the CEQA Guidelines. As defined in CEQA, a project EIR examines the impacts of a specific
development project. This type of EIR should focus primarily on the changes in the environment
that would result from the development project. The major issues that are addressed in the
Project EIR were determined based on review by the City of Chula Vista Development Services
Department, and public comment received on the Notice of Preparation (distributed in October
of 2010). The issues analyzed in the EIR include land use, landform alteration and visual quality,
cultural resources, geology and soils, paleontological resources, hydrology, traffic, circulation
and access, noise, air quality, public services, public utilities, and global climate change.
The Draft EIR was distributed fora 45-day public review period on March 17, 2011. Public
comment letters were received. The Final EIR includes all comments received, and responses to
them. The Draft and Final EIRs identify that the proposed project would not result in any
significant, unmitigated impacts. All impacts would be mitigated to a level of less than
significant. All feasible mitigation measures with respect to project impacts have been included
in the Final EIR. Findings of Fact have been prepared for the City Council's approval in
certifying the EIR. For those impacts with associated mitigation, a Mitigation Monitoring and
Reporting Program (MMRP) has been provided with the FEIR.
The City has examined a reasonable range of alternatives to the proposed project, other than the
proposed project described in the Final EIR. Based on this examination, the City has determined
that neither of the alternatives meets the project objectives, or is environmentally superior to the
project.
ANALYSIS
Section 19.69.080 B. Surface Mining Operations of the CVMC identifies findings that must be
made by the City Council in approving a reclamation plan. The following discussion provides a
consistency analysis with applicable land use plans, resource documents, and the CVMC. The
required findings and substantiation are provided below.
Section 19.69.080(B) provides: .Reclamation Plan Approvals. In addition to the firdings
required by the Ciry for the conditional use permit,- approvals for reclamation plans for surface
.mining operations shall include the following findings: -
1. That the reclamation plan complies with SMARA Sections 2772 and 2773, and any other
applicable provisions, and with applicable requirements of state regulations (CCR Sections
3500 through 3505, and Sections 3700 through 3713).
The Reclamation Plan Amendment has been prepared in accordance with the requirements of
SMARA found in California Public Resources Code ("PRC") Section 2710 et seq., Title 14
of the California Code of Regulations ("CCR") Section 3500 et sey. and the City's
implementing ordinance. The project is an amendment to the existing adopted Otay Ranch
Pit Reclamation Plan Amendment (California Mine Pit #91-37-0035). Reclamation of
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portions of the land located within the boundaries of the previously adopted Reclamation
Plan have already been substantially initiated and, therefore, will be reclaimed consistent
with the requirements of the previously adopted Reclamation Plan, rather than the
requirements of the proposed Reclamation Plan Amendment.
The Reclamation Plan Amendment is prepared in a format that addresses each Reclamation
Plan requirement found in the Statute (primarily PRC §2772 and §2773) and the standards
that must be met in reclamation implementation, as specified in CCR §3503 and CCR §3700
through CCR §3713. All owners of a possessory interest in the involved land have been
notified of the proposed ultimate use of the land as described in the Reclamation Plan
Amendment. The Reclamation Plan Amendment also contains site specific standards for
evaluating compliance as required by SMARA. Acting as the lead agency under SMARA,
the City also has reviewed the information provided by the applicant in support of the
proposed amount of the financial assurance and has approved both the form and amount of
the financial assurance.
2. That the reclamation plan and potential use of reclaimed land pursuant to the plan are
consistent with this chapter, the City's General Plan and any applicable resource plan or
element.
CVMC Chapter 19.69
The Reclamation Plan Amendment is consistent with the requirements of Chapter 19.69 of
the CVMC in that it complies with all of the requirements of SMARA. All engineering plans
and geological analysis also have been approved and signed by a civil engineer and geologist
licensed to practice in the State of California. The Reclamation Plan Amendment provides
for the reclamation of mined land at the eazliest possible time consistent with the vested
mining activities of the Quarry and the requirements of Chapter 19.69. A financial assurance
estimate iri a form and amount acceptable to the City also has been provided to the City to
ensure implementation of the necessary elements of the amended Reclamation Plan, which
include, but are not limited to, revegetation and landscaping, restoration of habitat, water
quality, slope stability, erosion and drainage control, and disposal of hazardous materials, if
any
General Plan
The Reclamation Plan Amendment is consistent with the City's General Plan. The City's
General Plan land use designations are intended to be used for "general planning purposes"
and "describe a range of land uses that reflect different General Plan policies related to the
type, location, density, and intensity of development." The land uses shown in the General
Plan are intended to be "broad enough to provide flexibility when implementing the General
Plan." When evaluating the General Plan consistency of the proposed reclamation of the
Quarry, it is significant that the General Plan also allows for the clustering of residential units
"onto a reduced land azea on a particular site, typically in response to the site's unique
physical characteristics. These characteristics include such items as
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topography, geology, biological resources, or other similar constraints." Any clustering
allowed by the General Plan, however, "should not result in housing types inconsistent to the
area." The General Plan also states that "[p]roperty owners who have achieved a vested
rights status retain the ability to develop in accordance with the land use designations in
effect at the time of vesting prior to adoption of this General Plan Update." The City has
determined that a vested right to mine existed prior to the adoption of the update to the
General Plan.
The amended Reclamation Plan is situated within the Central District of the Otay Ranch
Subarea ("Subarea"), which is part of the East Area Plan of the General Plan and is
designated for open space, residential, commercial, and light industrial land use. The Subarea
is further divided into four different planning districts and the project site is located within
the planning area that is referred to as Village Four. As discussed below, the proposed uses in
the Reclamation Plan Amendment are consistent with the mixture of land uses, intensities,
open space, and conservation goals contemplated in the Subarea of the East Area Plan of the
General Plan.
After implementation of the Reclamation Plan, approximately 86 acres of land in what is
referred to as Village 4 of Otay Ranch would remain available for residential development
and 29 acres will remain open space, including the location of the water body. Reclaiming
such land as residential development would be physically impractical and would require that
the vested mining right not be fully utilized as legally allowed. Assuming a density range of
3-6 dwelling units (as called out on the General Plan Land Use Map) to the acre as is
required for Low-Medium Residential, approximately 258 to 519 residential units could be
developed on 86 acres within Village 4.
The constraints associated with the vested mining right and the ultimate topography of the .
project site support the clustering of residential units on the 86 acres with the remaining 29
acres designated as open space. The General Plan advocates the concept. of residential
clustering in response to a project site's unique physical constraints and chazacteristics, o; ira
order to provide additional amenities for project residents, such as creating open space. The
proposed Reclamation Plan Amendment does not preclude the Subarea from realizing its
residential housing unit projections and does not result in any net loss of residential units at
the appropriate density range for the Subarea. In addition, clustering reflects. the project's
unique physical characteristics and constraints due to reclamation activities resulting from
the property owner's vested rights and will provide additional open space amenities for the
community.
Resource Plans
The Reclamation Plan Amendment also is consistent with the provisions of the City's MSCP
Subazea Plan, Chula Vista Greenbelt Master Plan, and Otay Valley Regional Park Concept
Plan. The boundary of the Quarry does not impact any of the areas designated for
preservation in the MSCP and, therefore, does not prevent the preservation of the necessary
core biological resource areas and associated habitat linkages as required by the MSCP
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Subregional Plan. In addition, although the proposed water body and adjacent open space
areas will be fenced for safety purposes, they will nonetheless provide meaningful habitat
after reclamation for a number of species, including birds and smaller mammals. Since the
proposed use after implementation of the Reclamation Plan Amendment is a water body and
open space, the Reclamation Plan Amendment also is consistent with the General Plan Area
Open Space Map and the Chula Vista Greenbelt Master Plan. None of the trails or greenbelt
systems contemplated by the Greenbelt Master Plan will be precluded by the Reclamation
Plan Amendment. The Reclamation Plan Amendment actually improves compliance with the
General Plan's Natural Systems Open Space Map by adding acreage designated as developed
land to the open space system shown on the Open Space Map. The proposed habitat
restoration and water body features of the Reclamation Plan Amendment also are consistent
with the ultimate goals of the Otay Valley Regional Park Concept Plan which call for the
protection of environmentally sensitive areas.
The Otay Ranch Resource Management Plan ("RMP") is intended to serve as a
comprehensive planning document that addresses the preservation and management of
sensitive resources in the Otay Ranch. Reclamation consistent with the Reclamation Plan
Amendment will not reduce the overall size of the preserve and will provide conservation of
sensitive resources that is consistent with that described in the RMP. In fact, implementation
of the Reclamation Plan Amendment will add additional open space to the overall open space
system described in the RMP, including permanently eliminating residential development
within Restricted Development Areas and replacing it with open space uses. The
Reclamation Plan Amendment also demonstrates compliance with the edge effects standards
of the RMP (such as dust control and noise requirements) during the construction phase of
the reclamation activities, and serves as the edge plan for the Quarry under the RMP.
3. That the .reclamation plan has been reviewed pursuant to CEQA and the.. City's
environmental review guidelines, and all significant adverse impacts from reclamation. of the
surface .mining operations are mitigated to the maximum extent feasible as determined the
CEQA document either through adoption of mitigation measures or a statement of overriding
considerations.
__;. As required by CEQA, the City has determined that implementatiori.ofthe Reolamation Plan;
Amendment may have a significant impact on the environment. As a result, the City has
prepared the Otay Valley Quarry Reclamation Plan Amendment Environmental Impact
Report (EIR-11-O1/SCH No. 2010101092) ("EIR") in accordance with CEQA and the City's'
environmental review guidelines. The EIR identifies the potentially significant effects of the
Reclamation Plan Amendment's implementation on the environment, alternatives to the
Reclamation Plan Amendment, and indicates that all potentially significant effects can be
avoided or mitigated to a level of insignificance with implementation of the identified
mitigation measures.
4. That the land and/or resources to be reclaimed will be restored to a condition that is
compatible with, and blends in with, the existing surrounding natural environment,
topography, and other resources or land uses. If the City determines that on-site restoration
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is not feasible, suitable off-site lands may be set aside to compensate for related disturbance
to resource values.
The topographic and revegetation efforts required by the Reclamation Plan Amendment
create a harmonious, integrated and attractive landscape that recognizes the past quarrying
use without overly emphasizing the past use, blends its perimeter into the surrounding natural
areas, and identifies specific sites for Village Four and other developed uses, consistent with
the General Plan. From a visual quality perspective, the Reclamation Plan Amendment
blends both the texture and landform shapes with the color of the native landscape and rock
formations to integrate the Quarry into the natural landscape. Vegetation will support this
integration and is enhanced beyond the minimum required for revegetation.
S. That the reclamation plan will restore the mined lands to a usable condition that is
readily adaptable for alternative land uses consistent with the general plan and multiple
species conservation program (MSCP).
The analysis for Finding B.2 above addresses the Plan's consistency with the General Plan
and the City's MSCP Subarea Plan.
6. That a written response to the State Department of Conservation has been prepared,
describing the disposition of major issues raised by that Department. Where the city's
position is at variance with the recommendations and objections raised by the state, said
response shall address, in detail, why specific comments and suggestions were not accepted.
The Office of Mine Reclamation ("OMR") of the State Department of Conservation
submitted a comment letter to the City dated December 23, 2011. In the letter, OMR raised
several issues and/or questions conceming the Plan. On May 11, 2011, the.City responded to
ONIR's December 23, 2011 letter (Attachment 5) and accepted` inany of the
recommendations advanced by OMR, provided additional data and 'information that
responded adequately to OMR's questions, and proposed an adaptive management strategy to
verify conclusions in the Reclamation Plan Amendment concerning groundwater conditions
and reliance on groundwater to create the contemplated water body.
Project Consiatency with Otav Ranch General Development Plan Village Four
The requirements of Section 19.69.080.B in approving a Reclamation Plan require a finding of
consistency with the General Plan and other applicable resource plan or element. Therefore the
Otay Ranch GDP does not constitute an applicable land use plan against which the Reclamation
Plan Amendment needs to be measured. Nevertheless, a comparison of the Reclamation Plan
Amendment's compatibility with the Otay Ranch GDP is provided below for informational
purposes.
Approximately 29 acres of land being reclaimed as a water body and open space under the Plan
is designated for residential development in the Otay Ranch GDP. It is important to note that
portions of the land being reclaimed as open space in the Reclamation Plan Amendment already
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were restricted in the Otay Ranch GDP as limited or lower density development areas. However,
mining consistent with the vested mining makes it physically impractical to develop the 29 acres
as residential development. As stated in Finding B.2 above, residential densities consistent with
those planned for Village 4 could still be achieved on the remaining developable area.
a. Village Character Policies:
Implementation of the Reclamation Plan Amendment would not prevent
achievement of the lower density chazacter of Village 4 as is called for the in the Otay Ranch
GDP. Although the Reclamation Plan Amendment will reduce the amount of acreage available
for residential development, it will not result in the designation of new aeeas for residential
development nor increase the intensity of development proposed for Village 4 in the Otay Ranch
GDP. Although portions of the southern slopes of Rock Mountain will be mined as allowed by
the recognized vested mining right, the highest elevations of Rock Mountain will be preserved
and the Reclamation Plan Amendment does not propose to locate residential density along the
top of the remaining ridgeline. The Reclamation Plan Amendment also does not preclude the
special development requirements for lots designated LM that are adjacent to Wolf Canyon nor
affect development of the Village 4 Community Park.
b. Park and Open Space Policies:
The Reclamation Plan Amendment does not prevent preservation of open space adjacent
to Wolf Canyon and the Otay River Valley as identified on the Otay Ranch GDP Land Use Map.
As stated in Finding B.2 above the Reclamation Plan Amendment is consistent with the
requirements of the RMP and MSCP.
The peak of Rock Mountain will be maintained, although portions of the southern slopes
of Rock Mountain will be mined pursuant to the established vested mining right. A substantial
portion of the Quarry will be reclaimed as a water body and/or open space. Visual impacts of the
slopes resulting from the mining activity have been mitigated in the Reclamation Plan
Amendment through a series of project features, including stepped benches, steep rock faces,
rounded contours, and several peak-saddle-peak formations. The vaziation in the topographic
configuration will reduce the visual impacts that are typically associated with terraced quarry
sidewalk. The natural oxidation of soils and stone comprising the rock faces will further
minimize visual impacts rover time. Finally,-the enhanced planting along the sculpted outward
facing fill slopes will integrate more completely the visual compatibility of the resultant'
topography, particularly as it is viewed from the Otay Valley Regional Park.
The Reclamation Plan Amendment does not preclude consideration of planned
development in Villages Two and Three in connection with any development adjacent to Wolf
Canyon and the Plan does not propose to extend any residential lot lines or grading into Wolf
Canyon or any areas designated for preservation under the RMP or the MSCP Subarea Plan.
c. Other Village Four Policies
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The Reclamation Plan Amendment does not specify the location of any residential
development adjacent to Wolf Canyon and the Otay River Valley and does not prevent
preparation of the visual analysis, landform grading guidelines, and design guidelines identified
in the Otay Ranch GDP at the time a SPA is prepared for Village 4. The Reclamation Plan
Amendment does not control the phasing of residential development adjacent to the Quarry,
although that issue can be addressed at the time a SPA is prepazed for Village 4. The
Reclamation Plan Amendment does provide for fencing as part of the reclamation activities and
the current Quarry operator is careful to maintain security at and restrict access to the site.
Mitigation for noise impacts will be addressed at the time a SPA is prepared for Village 4. The
Reclamation Plan Amendment does not address such impacts because it is implemented after the
vested mining right has been fully realized and no additional mining activity is contemplated to
occur.
Conclusion
The applicant has worked with staff over the past eighteen months to create a Reclamation Plan
Amendment for the site that addresses City concerns regarding aesthetics and compatibility with
the surrounding environment, while allowing the Quarry owner to mine the site in accordance
with their vested rights. The Quarry site is a regionally important and vital resource supplying
aggregate for public and private construction projects. The site has been identified in a recent
SANDAG study as only one of seven quarries that will remain in the region over time. A locally
available source of aggregate reduces the vehicle miles traveled and associated energy
consumption that would result from importing aggregate from other areas. All environmental
impacts associated with the Reclamation Plan Amendment can be mitigated below a level of
significance.
DECISION-MAKER CONFLICTS
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the boundazies of the property which is the subject of this action.
CURRENT YEAR FISCAL IMPACT
There will,be no net fiscal impact to the General Fund from this project. All costs associated with.
processing this project have been paid by the applicant.
ON-GOING FISCAL IMPACT
There will not be an on-going fiscal impact associated with this action since the action does not
commit the City of Chula Vista to the expenditure of any City funds.
ATTACHMENTS
1. Map of Vested Mining Area
2. Chapter 19.69 Surface Mining Ordinance
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3. Project Site Map
4. Map Depicting Substantially Reclaimed Areas
S. Letter to State Department of Conservation, dated May 11, 2011
prepared by: Steve Power, AICP Principal Planner, Development Services Department
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SAN DIEGO-CORONA00
PtPEL1NE PER GEED TO
THE ClIY OF SAN 01EG0
IN BOOK 570, PAOf I1J
RECOROfO 6-24-19f2.
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Attachment 1 to staff report dated June 14, 2011 -
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19.69.010
Ch
t
19
69
ap
er
.
Environmental Noise Nuisance Noise
Outcrying, shouting, SURFACE MINING OPERATIONS
screaming, whistling, and
singing SeCtrOIIS:
Powered model toys, 19.69.010 Purpose and intent.
19.69.020 Scope.
devices, vehicles and 19.69.030 Definitions.
equipment 19.69.0'0 Vested rights.
19.69.050 Incorporation by reference.
Power tools normally Power tools, other than 19.69.060 Conditional use permit, reclamation ,
found in conjunction with environmental. Also, plan and financial assurance process.
permitted uses hobby activities 19.69.070 Standazds for reclamation.
19.69.080 Findings for approval.
Lawn mowers 19.69.090 Financial assurances for reclamation.
Pumps -Same as Pumps -Same as 19.69.100 General provisions.
machinery and machinery and 19.69.110 Modif cation to approved surface
compressors compressors mining operation.
19.69.120 Inspection, reporting and violations.
Private parties, gatherings, 19.69.130 Idle mining operations.
and assemblages of limited
duration 19.69.010 Purpose and intent.
Public address and public Public address and public The purpose and intent of this chapter is to
assembly, indoor and assembly, indoor and ensure the continued availability of important min-
`
outdoor, as permitted use outdoor, as temporary use t
eral resources, while regulating surface mining
erations as required by Califortlia's Surface
o
or as an assembly other p
than environmental' Mining and Reclamation Act of 1975 (Public
Resources Code Sections 2710 et seq.), as .
Radios, stereos, T.V.'s amended, hereinafter referred to as "SMARA,"
sound amplifiers, musical Public Resources Code (PRC) Section 2207 (relat-
instruments, and dorms ing to annual reporting requirements), and State i~
Mining and Geology Boazd regulations (hereinaf-
Signeling devices Signaling devices ter referred to as "state regulations") for surface
(nonemergency), (nonemergency), mobile: mining and reclamation practice to ensure that:
stationary: Utility truck radio A. Adverse envirohmental effects are pre- '
Outside phone bells speakers vented or minimised and that mined lands aze
School bells reclaimed to a usable condition which is readIly I
Emergency: adaptable for alternative land uses. .
~
Burglaz alarms B. The production and conservation of minerals
Auto theft alarms aze encouraged, while giving consideration to val-
~
.I
ues relating to recreation, watershed, wildlife,
Sound trucks range and forage, and aesthetic enjoyment.
C. Residual hazazds to the public health and t~
(Ord. 2101 § 3, 1985). safety aze eliminated. (Ord. 2921 § 3, 2003).
;Fevisea t/04)
19.69.020 Scope.
Except as provided in this chapter, no person t
shall conduct surface mining operations, as defined ~~
in CVMC 19.04.291, unless the city has first
approved a conditional use permit pursuant to
CVMC 19.14.060 through 19.14.130, a reclama-
lion plan, and financial assurances for reclamation.
Activities not subject to these regulations aze
those listed in the Surface Mining and Reclamation #
i^,.
~.
19-194) _ ~ 4Attachment 2 to staff report dated June 14, 2011- r'
_. ___ _.._.,___.~. _;,._,,,,.1,,.,,~,
_....__ ~__._._-_ .r.,
Chula Vista Municipal Code
Act of 1975 (PRC Section 2714). Any applicable
exemption from these requirements does not auto-
matically exempt a project or activity from the
application of other regulations, ordinances or pol-
icies of the city, including but not limited to, the
California Environmental Quality Act (CEQA),
the requirement of building permrts, the payment
of development impact fees, or the imposition of
other dedications and exactions as may be permit-
tedunderthe law. (Ord. 2921 § 3, 2003).
19.69.030 Definitions.
Unless otherwise stated, the following defini-
tions pertain to this chapter:
"Borrow pits" means excavations created by the
surface mining of rock, geologic deposits or soil to
provide material (borrow) for use elsewhere.
"Idle mining operations" means to curtail a sur-
face mining operation for a period of one yeaz or
more by more than 90 percent of the operation's
previous maximum annual mineral production,
with the intent to resume those surface mining
operations at a future date.
"Mined lands" means the surface, subsurface,
and ground water of an azea in which surface min-
ing operations will be, aze being, or have been con-
ducted, including private ways and roads
appurtenant to any such azea, land excavations,
workings, mining waste, and azeas in which'struc-
tures, facilities, equipment, machines, tools, or
other materials or property which result from, or
aze used in, surface mining operations aze located.
"Operator" means any person or business entity
who is engaged in surface mining operations, or
who contracts with others to conduct operations on
his/her behalf, except a person who is engaged in
surface mining operations as an employee with
wages as his/her sole compensation.
"Reclamation" means the combined process of
land treatment that m;n;mi~es water degradation,
air pollution, damage to aquatic or wildlife habitat,
flooding, erosion, and other adverse effects from
surface mining operations, including adverse sur-
face effects incidental to underground mines, so
that mined lands aze reclaimed to a usable condi-
tion which is readily adaptable for alternate land
uses and create no danger to public health or safety.
The process may extend to affected lands sur-
rounding mined lands, and may require bacld-filling,
grading, recoiling, revegetation, soil compaction,
stabilization, or other measures. (Ord. 2921 § 3,
2003).
19.69.060
19.69.040 Vested rights.
No person who obtained a vested right to con-
duct surface mining operations in accordance with
the California Surface Mining and Reclamation
Act of 1975 (SMARA) shall be required to secure
a conditional use permit to mine pursuant to the
provisions of this chapter; provided, that no change
or expansion of use has occurred beyond those
vested rights. (Ord. 2921 § 3, 2003).
19.69.050 Incorporation by reference.
The provisions of SMARA (PRC Sections 2710
et seq.), PRC Sections 2207, state regulations CCR
Sections 3500 et seq. and CCR Sections 3700 et
seq., as those provisions and regulations may be
amended from time to time, are made a part of this
chapter by reference with the same force and effect
as if the provisions therein were specifically and
fully set out herein, excepting that when the provi-
sions of this chapter aze more restrictive than cor-
relative state provisions, this chapter shall prevail.
(Ord. 2921 § 3, 2003).
19.69.060 Conditional use permit, reclamation
plan and financial assurance
process.
A. Conditional Use Permits.
1. All applications for a conditional use per-
mit for surface mining shall be made, considered
and granted or denied pursuant to CVMC
19.14.060 through 19.14.130 and 19.54.010, and
shall be accompanied by an application fora recla-
mation plan, and financial assurances in accor-
dance with the provisions set forth in this chapter
and as further required by SMARA and state regu-
lations.
2. Within 30 days of acceptance of an appli-
cation for a conditional use permit for surface min-
ing operations as complete, the city shall notify the
State Department of Conservation of the filing of
the application.
B. Reclamation Plans and Financial Assur-
ances.
L All reclamation plans shall include all ele-
ments required by and comply with the provisions
of SMARA (Sections 2772 through 2773), state
regulations (CCR Sections 3500 through 3505),
and any additional information necessary to evalu-
ate the proposed plan. All engineering plans and
geological analyses shall be approved and signed
by a civil engineer and a geologist, respectively,
both of which aze licensed to practice in the state of
California.
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] 9.69.070
2. Prior to final approval of a reclamation
plan or financial assurances, the city shall certify to
the State Department of Conservation that the rec-
lamation plan and/or financial assurance complies
with the applicable requirements of state law, and
submit the plan and/or assurance to the State
Department of Conservation for review, pursuant
to PRC Section 2774(d). The city shall evaluate
written comments received, if any, from the State
Department of Conservation. ,$taff shall prepare a
written response describing the disposition of the
major issues raised by the state for the city coun-
cil's approval. (Ord. 2921 § 3, 2003).
19.69.070 Standards for reclamation.
A. All reclamaton plans shall comply with the
provisions of SMARA (Sections 2772 and 2773)
and state regulations (CCR Sections 3500 through
3505). All new reclamation plans, and any existing
reclamation plans for which a modification is pro-
posed, shall also comply with the requirements for
reclamation perfotmance standazds in CCR Sec-
tions 3700 et seq., as may be modified from time to
time.
B. The city may impose additional performance
standards as developed either in review of individ-
ual projects, as warranted, or through the formula-
tion and adoption of city-wide performance
standazds.
C. Reclamation activities shall be initiated at
the eazliest possible time on those portions of the
mined lands that will not be subject to further dis-
rurbance. Interim reclamation may also be required
for mined lands that have been disturbed and that
may be disturbed again in future operations. Recla-
mation may be done on an annual basis, in stages
compatible with continuing operations or on com-
pletion of all excavation, removal, or fill, as
approved by the city. Each phase of reclamation
shall be specifically described in the reclamation
plan and shall include (1) the beginning and
expected ending dates for each phase; (2) all recla-
mation activities required; (3) criteria for measur-
ing completion of specific reclamation activities;
and (4) estimated costs for completion of each
phase of reclamation. (Ord. 2921 § 3, 2003).
19.69.080 Findings for approval.
A. Conditional Use Permit Approvals. In addi-
tion to the findings required by CVMC 19.14.080,
conditional use permit approvals for surface min-
ing operations shall include a finding that the
project complies with the provisions of SMARA
and state regulations.
B. Reclamation Plan Approvals. In addition to
the findings required by the city for the conditional
use permit, approvals for reclamation plans for sur-
face mining operations shall include the followine
findings
1. That the reclamation plan complies with
SMARA Sections 2772 and 2773, and any other
applicable provisions, and with applicable require-
ments of state regulations (CCR Sections 3500
through 3505, and Sections 3700 through 3713).
2. That the reclamation plan and potential
use of reclaimed land pursuant to the plan aze con-
sistentwith this chapter, the city's general plan and
any applicable resource plan or element.
3. That the reclamation plan has been
reviewed pursuant to CEQA and the city's environ-
mental review guidelines, and all significant
adverse impacts from reclamation of the surface
mining operations aze mitigated to the maximum
extent feasible as determined the CEQA document
either through adoption of mitigation measures or
a statement of overriding considerations.
4. That the land and/or resources to be
reclaimed will be restored to a condition that is
compatible with, and blends in with, the existing
surrounding natural environment, topography, and
other resources or land uses. If the city determines
that on-site restoration is not feasible, suitable off-
site lands may be set aside to compensate for
related disturbance to resource values.
5. That the reclamation plan will restore the
mined lands to a usable condition that is readily
adaptable for alternative land uses consistent with
the general plan and multiple species conservation
program (MSCP).
6. That a written_reQonse_to the Slate
Department of Conservation has been prepared,
descfibing the disposition of major issues raised by
_. __
[hat "Department Where the city's position is at
variance wtth the recommendations and objections
raised by the_state,,said response shall address, m
detail, why specific comments and suggestions
- ..... - .
were not accepted. (Ord. 2921 § 3, 2003).
19.69.090 Financial assurances for
reclamation.
A. Financial assurances shall be required to
ensure compliance with elements of the reclama-
tion plan, including, but not limited to, reveoeta-
tion and landscaping requirements, restoration of
aquatic or wildlife habitat, restoration of water
bodies and water quality, slope stability and ero-
sion and drainage control, disposal of hazazdous
materials, and other measures, if necessary.
Pieviaetl ~ioal 19-196 _ 1 6
Chula Vista Municipal Code
B. Cost estimates for the financial assurance
shall be submitted to the planning department for
review and approval prior to [he operator securing
financial assurances. The amount of the financial
assurance shall be based upon the estimated costs
of reclamation for the yeazs orphases stipulated in
the approved reclamation plan.
C. In projecting the costs of financial assur-
ances, it shall be assumed without prejudice or
insinuation [hat the surface mining operation could
be abandoned by the operator and, consequently,
the city may need to contract with athird-party
commercial company for reclamation of the site.
D. Financial assurances shall be in a form and
an amount satisfactory to the city attomey and city
risk manager and may include the following:
1. Surety bond issued by a California admit-
ted surety insurer;
2. Irrevocable letter of credit.
E. Revisions to financial assurances shall be
submitted to the director of planning and building
each yeaz prior to the anniversary date for approval
of the financial assurances. The financial assurance
shall cover the cost of existing disturbance and
anticipated activities for the next calendar yeaz,
including any required interim reclamaion. If revi-
sions to the financial assurances aze not required,
the operator shall explain, in writing, why revisions
n
aze not required.
F. The financial assurances shall remain in
effect and shall be released when the city deter-
mines that reclamation has been completed in
accordance with the approved reclamation plan. ff
a mining operation is sold or ownership is trans-
ferred to another person, the existing financial
assurances shall remain in full force and effect and
shall be released by the city upon receipt of finan-
cial assurances from the new owner in a form and
an amount satisfactory to the city attomey and risk
manager. (Ord. 2921 § 3, 2003).
19.69.100 General provisions.
A. Whenever any uncompleted surface mining
operation or portion of an operation that is subject
to this chapter is sold, assigned, conveyed,
exchanged, or otherwise transferred, the successor
in interest shall be bound by the provisions of the
reclamation plan required by this chapter.
B. Nothing in this chapter shall exempt the
operator from complying with the regulations of
the State Water Resources Control Boazd, and the
San Diego regional water quality control board, as
well as the city of Chula Vista grading and storm
19.69.120
water management and discharee control ordi-
nances.
C. All mining and other related mining activi-
ties shall be consistent with the objectives, guide-
lines, and recommendations in the city's general
plan, the California Surface Mining and Reclama-
tion Act of 1975, city of Chula Vista gradine ordi-
nance, and National Pollutant Discharge
Elimination System General Permit for Storm
Water Discharges Associated with Industrial
Activities, and air pollution control district regula-
tions as each may be amended from time to time.
D. All mining and other related mining activi-
ties must be consistent with Article 77 of Uttiform
Fire Code and all blasting activities are subject to
any and all permits required by the Chula Vista fire
department. (Ord. 2921 § 3, 2003).
19.69.110 Modification to approved surface
mining operation.
An approved conditional use permit, reclama-
tion plan, or any conditions thereof, may be revised
or modified in the same manner as provided for a
new application, including the requirement for
environmental impact review. Requests for minor
modifications may be submitted to the director of
planning and building. If in the d'irector's sole
determination the requested modification is in sub-
stantial conformance with approved plans, the
director may approve said modification. (Ord.
2921 § 3, 2003).
19.69.120 Inspection, reporting and violations.
A. Surface mining operators shall forwazd an
annual surface mining report to the State Depart-
ment of Conservation and to the city. New mining
operations shall file an initial surface mining report
with [he Slate Department of Conservation within
30 days of permit approval, or before commence-
ment of operations, whichever is sooner.
B. A schedule of periodic inspections by the
city of the site shall be established to evaluate con-
tinuing compliance with the conditional use permit
and the reclamation plan. The inspections shall
occur no less frequently than once per calendar
yeaz and within six months of receipt of the annual
report.
C. The operator shall provide to the director of
engineering, by each July 1st, aerial photographs of
the mining site taken in the same month of the sec-
ond quarter of each year. The aerial photographs
shall consist of:
1. Defined, marked and permanent ground
controls; and
19-196.1 (Revised 9/10)
7-~7
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] 9.69.130
i
2. Planimetric map of the minine site based
on the aerial models with five-foot contours and
drawn to one inch equals 200 feet scale.
Upon the request of an operator, the director of
eneineering may waive the requirement for the
aerial photographs on a case by case basis, such as
when no excavation has been accomplished since
the last inspection, or may adjust the quarter of
each yeaz in which the aerial photographs aze
taken.
D. If the city finds the operator is not in compli-
ance with the provisions of the conditional use per-
nut, reclamation plan and/or the provisions of this
chapter, the subject violations will be handled in
conformance with PRC Sections 2774.1 and
2774.2, as well as the provisions of the Chula Vista
Municipal Code concerning violations and penal-
ties.
E. Each operator shall pay an annual inspection
deposit to the city by July 1st of each yeaz unless
otherwise stated in an approved reclamation plan.
(Ord. 2921 § 3, 2003).
19.69.130 Idle mining operations.
A. Within 90 days of a surface mining opera-
tion becoming idle, the operator shall submit fo the
city a proposed interim management plan (11VIP).
The proposed IMP shall provide measures the
operator will implement to maintain the site in a
stable condition, taking into consideration public
health and safety. The proposed IIviP shall be sub-
mitted on forms provided by the city, and shall be
processed as an amendment to the reclamation
plan.
B. The 1MP may remain in effect for a period
not to exceed five years, at which time the city may
renew the IIv]P for another period not to exceed
five years, or require the operator to commence
reclamation in accordance with its approved recla-
mation plan.
C. Financial assurances for idle operations shall
be maintained as though the operation were active.
(Ord. 2921 § 3, 2003).
Chapter 19.70
ZONING REGULATIONS FOR
MONTGOMERY
(Repealed by Ord. 3153 § 2 (Exh. A), 2010)
rRevisea sn o~ ] 9-196.2
.~+ PROJECT C;ESCRIPTIO~1
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i,000 500 0 i,000 feel /~~.y~.~~}
W i'yK..il
ir' f Area to be Redaimed Pursuant to \~
/ 1 inch = 1000 feet s
~-- ~ Reclamation Plan Amendment
Figure 3-1. Site Location - USGS Map
OTay Valley Quarry Reclamation Plan Amendment Page 3-2
Environmental Impact Report (EIR) DRAFT: March 2011
_... __ _ __.. _ S
Attachment 3 to staff report dated June 14, 2011 - j
7-19 44
?.~ E=i`)VIROP7r1r1E~dT.AL SET?INC;
== Limits of MSCP Preserve
Ownership Boundaryy (388 Ac.)
~~ Project Site (278.5 Ac.)
TT Reclamation Areas pursuant to 2006 Otay Ranch Pit '
~~Ll~ Reclamation Plan' (39 Ac.)
!. I~ ~ ~. _ -~ Revegetation pursuant to 2010 ~-~
._. Boundary Adjustment (9.3 Ac.) Y
r
-~--- Existing SDGBE Public Utilities Easement ~
-------- Existing City of Chula Vista Sewer Easement
r/ /~t Area to be Reclaimed Pursuant to Reclamation
' 0-----r Plan Amendment
Otay Valley Quarry Reclamation Plan Amendment rags ~-.
Environmental Impact Report (EIR) DRAfi: March 2011
Figure 2-5. Existing Conditions -Substantially Initiated Parcels
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cllroF Development Services Department
CHULA VISiA
May 11, 2011
Ms. Beth Hendrickson
Acting Manager, Reclamation Unit
Depaztment of Conservation
Office of tYfine Reclamation
801 K Street, 9a' Floor MS 09-06
Sacramerao, CA 95814-3530
Re: Response to State Office of Mine Reclamation Review Letter dated March 14, 2011,
Concerning the Amended Otay Valley Query Reclamation Plan.
Deaz Ms. Hendrickson;
Ihank you for your comments regarding the draft Otay Valley Reclamation Plan
Amendment, dated March ] 4, 2011 the City of Chula Vista has reviewed your comment
letter and is providing the following responses to all comments received.
the City of Chula Vista Development Services Depaztment is of the opinion that the
quarry pit will fill with water as anticipated in the Reclamation Plan.. This opinion is
based upon the detailed work of the professional engineers and geologists working on
this project. The rate of fill of the quarry pit and the ultimate water level will be refined
through further study as mining activities approach their lowest planned elevation in the
future. It is important to note that the Reclamation Plan does not call for groundwater
extraction once mining operations have terminated.. As substantiated in the technical
reports for the project, reclamation activities will have a negligible impact on
groundwater.
Below are detailed responses to the specific comments provided in your lettei dated
Much 14, 2011: -
Ihis comment refers to (a) an offsite supply well, and (b)an 800-foot deep bore
hole referenced in project documentation, and the disposition of each, which may
include retention if compatible with the land use, or closure. the adjacent water
supply well used by the Quarry for' material washing and backup supply is located
south of the pit, at the south side of Otay River.. the water supply well is
described in section 4.2 of the Revised Hydrogeology Study (Appendix I of the
Reclamation Plan) and it is depicted in Figure 3 of that same study.. the 800 foot
boring was drilled in January of 2009 and is located on the query site (see
attached Nell Completion Report). The bore hole was located within the active
?76 Fourth Avenue, Chula Vista, CA 91910 ~ (619) 69]-5101 www chulavistaca.gov
i
7-Q~ttachment 5 to staff report dated June 14, 2011 - '
Ms Beth Hendrickson
May 11, 2011
2~Page
mine area and the upper portion of the well (including the entire cased portion),
and has since been rnined out by a previous operator
2.. the Reclamation Plan has been revised to specify that a registered pt ofessional
engineer or geologist will perform the periodic geologic mapping and analysis.
Section 5.2.2, Action CS-5 has been revised as follows:
CS-5: Periodic mapping and engineering analysis shexlcl shall be
conducted by a registered nrofessional engineer or geologist during
quarrying operations to confirm our assumptions and to evaluate new
geologic conditions as they aze exposed. Ihis should be conducted for
each 500 feet of linear slope as each bench is cut Ten years prior to
the establishment of the final slope corrfigruations, anew slope
stability analysis shall be conducted to confirm the findings of the
slope stability analysis attached as Appendix G. If the results from
that future study are in vaziance with the current findings, then the
reclamation plan shall be amended at that time to conform to those
findings;
This section as written already provided for a new slope stability analysis ten
years prior to the establishment of the final slope configuration.
Existing sedimentation ;basins and settling ponds have been in place for many
years as pazt of the mining operafions and have functioned without mishap.
Section 5 2.4 has been revised as tbllows:
"Because mining and reclamation operations require on-going gading
activities, sedimentation basins aze used as the primazy sediment
control measures. Sedimentation basins within the auazrv property will
of this BMP, a Basin Sizing and Design Methodology Report has been
prepared that can be used to determine aonronriate capacity and design
details for sediment basin now and into the future. This report is
appended as Appendix J."
The Reclamation Plan only proposes sedimentation basins as one choice in a
menu of options foz sediment control during the reclamation process; however,
there is no specific anticipated use of sedimentation basins and, therefore, no
sizing calculations and design specifications can be provided at this time..
4 Dudek, the project hydrogeologic consultant, has revised the Hydrogeologic
Study for the quazry and a signed, stamped copy is included with this letter The
report has been updated to include new site-specific well and boring data to
augment the information previously presented.
City of Chula Vista
~-22
Ms. Beth Hendrickson
May 11, 2011
3~Pa~~e
the Reclamation Plan has been revised to address your comment that the Plan
include a provision for periodic verification of groundwater conditions as the
mine is developed.. In response to this request, a Water Verification Plan (WVP)
has been prepared to gather more data over time from which to augment the
conclusions in the groundwater sections of the Reclamation Plan. This plan will
verify the presence of water in the quauy pit and estimate inflow rates over time..
the findings will be presented every five yeazs to the City of Chula Vista. Ihis
WVP shall be evaluated and updated, as necessary, every 10 years following
commencement of water verification activities,
the WVP requires that the operator measure the pumping rates from the existing
pond on the quarry floor (which is utilized for dust control); measure any
resulting change to water levels of that pond, and note any new ponds that may
form as the quarry pit deepens. Water level and pumping measurements will be
made on a quarterly basis and copies of the reports will be kept at the quarry and
available for' inspection. the monitoring will begin with commencement of Phase
IV of quarry operations, or in the year 2050, whichever comes first.. Phase N of
quauy operations is expected to begin approximately halfway through the
estimated life of the quarry, as detailed in the Reclamation Plan, which is when
the quarry will be approaching final configuration, the Water Verification Plan
has been incorporated into the Reclamation Plan as Appendix K.. A reference to
the Water Verification Plan has been incorporated into Section 2.5.3.7 of the
Reclamation Plan as follows:
"The rate of infill tluough rock fracture zones will be maximum at the
start of lake filling because there will be more driving pressure from
surrounding higher groundwater levels. As the lake fills, the rate of
filling will decrease as the pit water level rises towards equilibrium
with the surrounding groundwater.. the elevation and distribution of
the most prolific water producing zones will be a primazy determinant
of lake fill rate, and are unknown until these-zones aze exposed by
mining. A Water Verification Plan to verify the conclusions in this
section has been appended as Appendix K."
Once mining activities reach the lowest planned elevation, the full extent of'the
exposure of water beazing frachues will be known.. Data collected by the operator
in accordance with the Water Verification Plan shall be available for review by
the City of Chula Vista at the annual SMARA inspection of the quarry.
Dudek contends that, given an intermediate zone water level of approximately
125 ft msl and a deep zone regional water level of approximately 85 ft msl at the
Otay Landfill one mile west of the site (with a gradient from east to west and
without a major fault zone separating the landfill and the quarry), it is clear that
the water level at the site would be higher than the pit bottom at -245 ft msl
Dudek's estimation of the potential range for the water level at the site is detailed
City of Chula Vista
7-23
Ms. Beth Hendrickson
May 1 ] , 2011
4~pa__~
in the Hydrogeologic Study. Although there are assumptions discussed in the
report based on Dudek's best professional judgment, it is clear that there will be
water in the pit.. the available on-site data, while limited, are not incongruous
with the regional data from the Otay Landfill.
Pursuant to Comments 5 and 6 of your Match 14, 2001 letter, copies of all studies
requested have been included as attachments to this letter as noted below:
• Appendix F Biological Baseline Studies
• Appendix I Signed Hydrogeologic Study dated May 6, 2011
• Appendix J Signed Basin Sizing and Design Methodology Report
• Appendix K Signed Water Verification Plan dated April 2011
• Groundwater Reports
o Well Completion Report
o Geologic Associates (2006)
o GeoSync Consultants (2005)
I hope these responses to your comments provide adequate information to address OMR
remaining concerns regarding the Amended Otay Valley Quazry Reclamation Plan.. the
City is anticipating a public heazing by the Chula Vista City Council on Tune 14, 2011 for
consideration and approval of the Reclamation Plan. The City of Chula Vista will provide
you with the standard public riatice when the item is officially docketed.. Ihis letter is
being submitted at least 30 days prior to lead agency approval consistent with the
provisions of PRC 2774.. Please contact Steve Power, Principal Planner at (619) 409-
5864 with any questions or concerns that may still be outstanding,
Sincerely,
G y er ElAICP
Assis t ityManager/Development Services'Director
cc: Chuck Miller, Otay Va11ey~Quazry
Verne Freeman, Freeman Associates
Chuck Greely, Dudek
MazcelaEscobaz-Eck, Atlantis Group
Pat Coughlin, Vulcan Materials Company
Steve Power, Principal Planner
City of Chula Vista
7-24
RESOLUTION NO. EIR 11-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA CERTIFYING THE FINAL ENVIRONMENTAL
IMPACT REPORT (EIR 11-01/SCH2O10101092) FOR THE OTAY
VALLEY QUARRY RECLAMATION PLAN AMENDMENT;
MAHING CERTAIN FINDINGS OF FACT; AND ADOPTING A
MITIGATION MONITORING AND REPORTING PROGRAM
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
WHEREAS, Otay Valley Quarry LLC, submitted an application requesting
approval of an amended Reclamation Plan ("Project"); and
WHEREAS, a Draft EIR 11-01 for the project was issued for public review on
March 17, 2011, and was processed through the State Clearinghouse; and
WHEREAS, public comments were received regarding the public review draft
of EIR 11-01, and pursuant to Section 15088 all comments received were responded to in
writing; and
WHEREAS, a Final Environmental Impact Report (EIR 11-01) was prepared for
the Otay Valley Quarry Reclamation Plan Amendment; and
WHEREAS, to the extent that the Findings of Fact for the Project, dated April
2011 (Exhibit "A" of this Resolution, a copy of which is on file in the office of the City
Clerk), conclude that proposed mitigation measures outlined in Final EIR 11-01 are
feasible and have not been modified, superseded or withdrawn, the City of Chula Vista
hereby binds itself and the Applicant and its successors in interest, to implement those
measures. These findings are not merely information or advisory, but constitute a binding
set of obligations that will come into effect when the City adopts the resolution approving
the project. The adopted mitigation measures contained within the Mitigation Monitoring
and Reporting Program, Exhibit "B" of this Resolution, a copy of which is on file in the
office of the City Clerk, are expressed as conditions of approval. Other requirements are
referenced in the Mitigation Monitoring and Reporting Program adopted concurrently
with these Findings of Fact and will be effectuated through the process of implementing
the Project.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL of
the City of Chula Vista does hereby determine, resolve and order as follows:
I. Final EIR 11-O1 CONTENTS
That the final EIR 11-O1 consists of the following:
7-25
1. Project EIR for the Otay Valley Quarry Reclamation Plan Amendment
(including technical appendices); and
2. Comments and Responses
(All hereafter collectively referred to as "FEIR 11-01")
II. ACCOMPANYING DOCUMENTS TO FEIR 11-O1
1. Mitigation Monitoring and Reporting Program; and
2. Findings of Fact
III. CERTIFICATION OF COMPIANCE WITH CALIFORNIA
ENVIRONMENTAL QUALITY ACT
That the City Council does hereby find that FEIR 11-01, and the Findings of Fact
(Exhibit "A" to this Resolution, a copy which is on file with the office of the City
Clerk), and the Mitigation Monitoring and Reporting Program (Exhibit "B" to this
Resolution, a copy which is on file with the office of the City Clerk) are prepared
in accordance with the requirement of CEQA (Pub. Resources Code, §21000 et
seq.), the CEQA Guidelines (California Code Regs. Title 14 §15000 et seq.), and
the Environmental Review Procedures of the City of Chula Vista.
IV. INDEPENDENT JUDGMENT OF CITY COUNCIL
That the City Council finds that the FEIR 11-01 reflects the independentjudgment
of the City of Chula Vista City Council.
V. CEQA FINDINGS OF FACT, AND MITIGATION MONITORING AND
REPORTING PROGRAM
A. Adoption of Findings of Fact
The City Council does hereby approve, accepts as its own, incorporate as
if set forth in full herein, and make each and every one of the findings
contained in the Findings of Fact, Exhibit "A" of this Resolution, a copy
of which is on file in the office of the City Clerk.
B. Mitigation Measures Feasible and Adopted
As more fully identified and set forth in FEIR 11-01 and in the Findings of
Fact for this project, which is Exhibit "A" to this Resolution, a copy of
which is on file in the office of the City Clerk, the City Council hereby
finds pursuant to Public Resources Code Section 21081 and CEQA
Guidelines Section 15091 that the mitigation measures described in the
7-26
above referenced documents are feasible and will become binding upon
the entity (such as the project proponent or the City) assigned thereby to
implement the same.
C. Infeasibility of Alternatives
As more fully identified and set forth in FEIR 11-O1 and in the Findings of
Fact, Section XII, for this project, which is Exhibit "A" to this Resolution,
a copy of which is on file in the office of the City Clerk, the City Council
hereby finds pursuant to Public Resources Code Section 21081 and CEQA
Guidelines Section 15091 that alternatives to the project, which were
identified in FEIR-11-O1, were not found to reduce impacts to a less than
significant level or meet the project objectives.
D. Adoption of Mitigation Monitoring and Reporting Program
As required by the Public Resources Code Section 21081.6, the City
Council hereby adopts the Mitigation Monitoring and Reporting Program
set forth in Exhibit "B" of this Resolution, a copy of which is on file in the
office of the City Clerk. The Council further finds that the Program is
designed to ensure that, during project implementation, the
permittee/project applicant and any other responsible parties implement
the project components and comply with the mitigation measures
identified in the Findings of Fact and the Mitigation Monitoring and
Reporting Program.
VI. NOTICE OF DETERMINATION
That the Envirommental Review Coordinator of the City of Chula Vista is directed
after City Council approval of this Project to ensure that a Notice of
Determination is filed with the County Clerk of the County of San Diego. These
documents, along with any documents submitted to the decision-makers,
including documents specified in Public Resources Code Section 21167.6,
subdivision(s), shall comprise the entire record of proceedings for any claims
under the California Environmental Quality Act ("CEQA") (Public Resources
Code §21000 et seq.).
BE IT FURTHER RESOLVED THAT the City Council of the City of Chula
Vista finds that FEIR 11-01, and the Findings of Fact (Exhibit "A" to this Resolution, a
copy which is on file with the office of the City Clerk), and the Mitigation Monitoring
and Reporting Program (Exhibit "B" to this Resolution, a copy which is on file with the
office of the City Clerk) have been prepared in accordance with the requirement of
CEQA (Pub. Resources Code, §21000 et seq.), CEQA Guidelines (California Code Regs.
Title 14 § 15000 et seq.), and the Environmental Review Procedures of the City of Chula
Vista and therefore, should be certified.
7-27
Presented by:
Gary Halbert
Assistant City Manager/
Director of Development
7-28
Approved as to form by:
ENVIRONMENTAL IMPACT REPORT
FOR THE
OTAY VALLEY QUARRY RECLAMATION PLAN AMENDMENT
CEQA FINDINGS OF FACT
June 14, 2011
TABLE OF CONTENTS
Section Page
I. INTRODUCTION AND BACKGROUND ..................................................... .............1
II. ACRONYMS .................................................................................................... .............2
III. PROJECT DESCRIPTION ............................................................................... .............3
IV. RECORD OF PROCEEDINGS ........................................................................ .............6
V. FINDINGS REQUIRED UNDER CEQA ........................................................ .............8
VI. LEGAL EFFECTS OF FINDINGS .................................................................. ...........10
VII. MITIGATION MONITORING AND REPORTING PROGRAM .................. ...........1 I
VIII. DIRECT SIGNIFICANT EFFECTS AND MITIGATION MEASURES ....... ...........1 I
A. LAND USE, PLANNING, AND ZONING ............................................... ...........13
B. NOISE ......................................................................................................... ...........14
C. BIOLOGICAL RESOURCES .................................................................... ...........15
D. CULTURAL RESOURCES ....................................................................... ...........20
E. PALEONTOLOGICAL RESOURCES ...................................................... ...........23
F. HYDROLOGY/DRAINAGE/WATER QUALITY ................................... ...........26
G. GEOLOGY AND SOILS ........................................................................... ...........28
H. HAZARDS/RISK OF UPSET .................................................................... ...........30
IX. FEASIBILITY OF POTENTIAL PROJECT ALTERNATIVES .................... ...........32
i
A. NO PROJECT ALTERNATIVES .....
B. BENCHED ALTERNATIVE
..............................3 5
................................................................3 7
C. FILL ALTERNATIVE ..........................................................................................38
X. STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE OTAY
VALLEY QUARRY RECLAMATION PLAN AMENDMENT EIR ........................39
ii
BEFORE THE CHULA VISTA CITY COUNCIL
RE: Otay Valley Quarry Reclamation Plan Amendment Environmental Impact Report (E[R);
SCH #2010101092; EIR#11-01.
FINDINGS OF FACT
I.
INTRODUCTION AND BACKGROUND
The Final Environmental Impact Report (Final EIR) prepazed for the Otay Valley Quarry
Reclamation Plan Amendment project addresses the potential environmental effects associated
with implementation of the Reclamation Plan Amendment for the Otay Valley Quarry. In
addition, the Final EIR evaluates four alternatives to the proposed project: the No Project/No
Build alternative, No ProjectlDevelopment Under Existing Approvals alternative, Benched
alternative, and Fill alternative.
These findings have been prepared to comply with requirements of the California Environmental
Quality Act (CEQA) (Pub. Resources Code, § 21000 et seg.) and the CEQA Guidelines (Cal.
Code Regs., title 14, § 15000 etseq.).
1
II.
ACRONYMS
BMP Best Management Practice
CCR California Code of Regulations
CEQA California Environmental Quality Act
Ciry City of Chula Vista
dB decibels
EIR Environmental Impact Report
GHG Greenhouse gas
Leq Equivalent Continuous Noise Level
MMRP Mitigation Monitoring and Reporting Program
MSCP Multiple Species Conservation Program
MS Master of Science
NPDES National Pollutant Discharge Elimination System
OMR State Office of Mine Reclamation
Ph.D. Doctorate of Philosophy
PRC Public Resources Code
SMARA State Surface Mining and Reclamation Act
SUSMP Sewer and Urban Stormwater Management Plan
SWPPP Storm Water Pollution Prevention Plan
2
III.
PROJECT DESCRIPTION
The proposed project is an amendment to the existing Otay Ranch Pit Reclamation Plan for the
Otay Valley Quarry site. Depletion of mineral resources at the quarry site is anticipated to occur
in 2089. Following the completion of mining activities, reclamation of the Otay Valley Quarry
would prepare the surfaces to a condition suitable for subsequent development and/or open space
in accordance with the underlying P-C zone and the Chula Vista General Plan.
Reclamation, as proposed by the Otay Valley Quarry Reclamation Plan Amendment, will occur
on the 197 disturbed acres of the 278-acre quarry site. The topography of the completed mining
site will reflect a typical hard rock quarry configured as an open pit. Final phases of mining will
eliminate some of the horizontal benches typical with hard rock mining and create areas of sheer
slopes to better conform to surrounding native topography. Mined surfaces will be leveled and
stabilized for erosion control. Cut surfaces will be completed to slope grades to ensure long-term
stability. Sediment basins and fines storage areas will be dewatered and revegetated with plant
species suitable for erosion control. Grading will be completed in such a manner as to ensure
proper surface drainage. Recoverable topsoil will be stockpiled for use on benches and quarry
floor areas to be revegetated. The soil will be placed to enhance revegetation as surfaces are
completed. Active revegetation, as proposed by the Reclamation Plan Amendment, will occur
along the quarry's edges and outward-facing slopes, the larger lake benches, and the relatively
level areas near the west and south boundaries. Vegetation species mixes, as described below,
are site-specific and chosen with the intent of stabilizing areas of fill and blending with the
adjacent vegetation. The success of revegetation will be monitored after completion of final
reclamation to ensure successful erosion control. The quarry pit area will hold local groundwater,
creating a water body with approximately 80 acres of surface area.
For the proposed Otay Valley Quarry Reclamation Plan Amendment project, approval of the
Reclamation Plan Amendment by the City of Chula Vista City Council is required. Additionally,
review of the Reclamation Plan Amendment by the State Office of Mine Reclamation (OMR), as
required by SMARA, has occurred prior to any approving action by the City. Implementation of
the proposed Reclamation Plan Amendment will not affect jurisdictional waters or endangered
species. Therefore, other State or Federal permits will not be required.
3
~~iscretionary Actions
The discretionary action to be taken by the City Council of the City of Chula Vista (City) is the
approval of the Otay Valley Quarry Reclamation Plan Amendment. In approving the proposed
project, the City approves the Otay Valley Quarry Reclamation Plan Amendment.
The City Council will also determine whether the Final EIR is complete and in compliance with
CEQA as part of the certification process.
The City of Chula Vista is the lead agency and has discretionary power of approval for all the
actions sought by the applicant for the project. The Final EIR is intended to satisfy CEQA
requirements for environmental review of those actions.
Project Purpose and Obiectives
The draft Otay Valley Quarry Reclamation Plan Amendment has been prepared by the project
applicant in accordance with the requirements of SMARA found in PRC Section 2710 et seq.,
Title 14 of the CCR Section 3500 et seq., and the City of Chula Vista's (the lead agency)
implementing ordinance. SMARA's Reclamation Plan requirements are found primarily in PRC
Section 2772 and in CCR Section 3502. Minimum standards to be followed (CCR Section 3503)
and reclamation performance standazds (CCR Section 3700 et seq.), as applicable to the
operation and its approved plan, must be met during operations and reclamation.
Based on SMARA, the proposed Reclamation Plan is intended to serve the following purposes:
Provide the required contents for a Reclamation Plan as specified in PRC Section 2772
and CCR Section 3502;
= Serve as a reference manual for the mine operator to guide site reclamation consistent
with the approved Reclamation Plan and to assist in regulatory compliance for
operational activities; and
Serve as a compliance document for the City of Chula Vista in monitoring ongoing
compliance with the reclamation plan, as approved.
As presented in the proposed Reclamation Plan Amendment and pursuant to CCR Section
3502(h)(1), the Reclamation Plan Amendment functions as an amendment to the Otay Ranch Pit
Reclamation Plan Amendment approved by the State Mining and Geology Board on June 13,
2006, for the mining of a new surface area that is consistent with a vested mining rights
determination made by the City of Chula Vista.
4
The Otay Valley Quarry Reclamation Plan Amendment is proposed to supersede provisions and
requirements of all previous reclamation plans and amendments with respect to the Project Site.
As indicated in Section 3.2.2 of the EIR, certain portions of the Quarry Boundazy aze subject to
provisions of the current Otay Ranch Pit Reclamation Plan Amendment. Specifically, these
portions are known as the "North Parcel," the "West Parcel," and the "South Parcel;" the
location of these parcels is illustrated in Figure 2-5 of this EIR. The North Parcel (10.4 acres) has
substantially initiated reclamation activities, and future reclamation and revegetation of this
parcel will comply with the Otay Ranch Pit Reclamation Plan Amendment, as well as additional
requirements of the Otay Quarry MSCP Boundary Adjustment (Chula Vista Case Number PCM-
10-14); however, the fill identified in the Otay Ranch Pit Reclamation Plan Amendment will no
longer be placed on the North Pazcel. More specifically, the 93-acre portion of the North Parcel
subject to the MSCP Boundary Adjustment will be revegetated pursuant to the Boundary
Adjustment document, while the portions of this parcel not covered under the Boundary
Adjustment will be reclaimed and revegetated pursuant to the Otay Ranch Pit Reclamation Plan
Amendment.
The Otay Valley Quarry Reclamation Plan Amendment project will accomplish the following
basic objectives of SMARA:
m Provide for long-term stability of slopes;
Prevent wind and water erosion by stabilizing the soil surface through proper grading and
drainage; and
* Implement a revegetation program that is designed to establish self-sustaining native
vegetation cover, until subsequent land development occurs.
The proposed Reclamation Plan Amendment lays out these objectives specifically to meet
physical reclamation treatment objectives for disturbed land in a manner that adheres to the
applicable SMARA statutes, as listed below:
e PRC Section 2712(a). Adverse environmental effects are prevented or minimized and
that mined lands are reclaimed to a usable condition which is readily adaptable for
alternative land uses.
PRC Section 2712(b). The production and conservation of minerals are encouraged,
while giving consideration to values relating to recreation, watershed, wildlife, range
and forage, and aesthetic enjoyment.
® PRC Section 2712(c). Residual hazards to the public health and safety are eliminated.
5
SMARA requires a description of the "proposed or potential uses" of a mined site after
reclamation. Section 19.69.080.B.5 of the City of Chula Vista's Zoning Code also requires that
the Reclamation Plan "restore the mined lands to a useable condition that is readily adaptable for
alternative land uses consistent with the general plan and multiple species conservation
program." For the Otay Valley Quarry site, the proposed or potential uses of the site after
reclamation will be those permitted in the underlying P-C zone and as allowed by the General
Plan. However, future land uses are not evaluated in the Otay Valley Quarry Reclamation Plan
Amendment EIR. The scope of this EIR is strictly the Reclamation Plan Amendment and
associated reclamation activities.
The proposed Otay Valley Quarry Reclamation Plan Amendment will be implemented at the
Otay Valley Quarry when mining operations cease, which is estimated to be 2089. The Otay
Valley Quarry is a hard rock quarry configured as an open pit, surrounded by stabilized land.
Other than implementation of the proposed Otay Valley Quarry Reclamation Plan Amendment,
no other development is proposed as part of the project evaluated in the Otay Valley Quarry
Reclamation Amendment EIR.
IV.
RECORD OF PROCEEDINGS
For purposes of CEQA and the findings set forth below, the administrative record of the City
Council decision on the environmental analysis of this project shall consist of the following:
• The Notice of Preparation and all other public notices issued by the City in conjunction
with the project;
• The Drafr and Final EIR for the project (EIR #11-01), including appendices and technical
reports;
• All comments submitted by agencies or members of the public during the public
comment period on the Draft EIR;
• All reports, studies, memoranda, maps, staff reports, or other planning documents relating
to the proposed project prepazed by the City, consultants to the City, or responsible or
trustee agencies with respect to the City's compliance with the requirements of CEQA
and with respect to the City's actions on the proposed project;
6
• All documents, comments, and correspondence submitted by members of the public and
public agencies in connection with this project, in addition to comments on the EIR for
the project;
• All documents submitted to the City by other public agencies or members of the public in
connection with the EIR, up through the close of the public hearing;
• Any documentary or other evidence submitted at workshops, public meetings, and public
hearings for this project;
• All findings and resolutions adopted by City decision makers in connection with this
project, and all documents cited or referred to therein; and
• Matters of common knowledge to the City, which the members of the City Council
considered regarding this project, including federal, state, and local laws and regulations,
and including but not limited to the following:
- Chula Vista General Plan;
- Relevant portions of the Zoning Code of the City;
- Otay Ranch Resource Management Plan (RMP);
- Multiple Species Conservation Program (MSCP);
- Otay Valley Regional Park (OVRP) Concept Plan; and
- Any other materials required to be in the record of proceedings by Public
Resources Code Section 21167.6, subdivision (e).
The custodian of the documents comprising the record of proceedings is Donna Norris, Clerk to
the City Council, whose office is located at 276 Fourth Avenue, Chula Vista, California 91910.
The City Council has relied on all of the documents listed above in reaching its decision on the
Otay Valley Quarry Reclamation Plan Amendment project, even if every document was not
formally presented to the City Council or City Staff as part of the City files generated in
connection with the Otay Valley Quarry Reclamation Plan Amendment project.
7
V.
FINDINGS REQUIRED UNDER CEQA
Public Resources Code Section 21002 provides that "public agencies should not approve projects
as proposed if there are feasible alternatives or feasible mitigation measures available which will
substantially lessen the significant environmental effects of such projects." (Emphasis added.)
The same statute states that the procedures required by CEQA "are intended to assist public
agencies in systematically identifying both the significant effects of proposed projects and the
feasible alternatives or feasible mitigation measures which will avoid or substantially lessen such
significant effects" (emphasis added). Section 21002 goes on to state that "in the event [that]
specific economic, social, or other conditions make infeasible such project alternatives or such
mitigation measures, individual projects may be approved in spite of one or more significant
effects."
The mandate and principles announced in Public Resources Code Section 21002 are
implemented, in part, through the requirement that agencies must adopt findings before
approving projects for which EIRs are required [see Pub. Resources Code, § 21081, subd. (a);
CEQA Guidelines, § 15091, subd. (a)]. For each significant environmental effect identified in an
EIR for a proposed project, the approving agency must issue a written finding reaching one or
more of three permissible conclusions. The first such finding is that "[c]hanges or alterations
have been required in, or incorporated into, the project which avoid or substantially lessen the
significant environmental effect as identified in the final EIR" (CEQA Guidelines, § 15091,
subd. (a)(1)). The second permissible finding is that "[s]uch changes or alterations are within the
responsibility and jurisdiction of another public agency and not the agency making the finding.
Such changes have been adopted by such other agency or can and should be adopted by such
other agency" (CEQA Guidelines, § 15091, subd. (a)(2)). The third potential finding is that
"[s]pecific economic, legal, social, technological, or other considerations, including provision of
employment opportunities for highly trained workers, make infeasible the mitigation measures or
project alternatives identified in the final EIR" (CEQA Guidelines, § 15091, subd. (a)(3)).
Public Resources Code Section 21061.1 defines "feasible" to mean "capable of being
accomplished in a successful manner within a reasonable period of time, taking into account
economic, environmental, social and technological factors." CEQA Guidelines Section 15364
adds another factor: "legal" considerations (see also Citizens of Goleta Valley v. Board of
Supervisors (1990) 52 Cal.3d 553, 565 [276 Cal.Rptr. 410]).
The concept of "feasibility" also encompasses the question of whether a particular alternative or
mitigation measure promotes the underlying goals and objectives of a project (see City of Del
8
Mar v. City of San Diego (1982) 133 CaLApp.3d 410, 417 ['83 Ca1.Rptr. 898]). " `[F]easibility'
under CEQA encompasses `desirability' to the extent that desirability is based on a reasonable
balancing of the relevant economic, environmental, social, and technological factors" (Ibid.; see
also Sequoyah Hills Homeowners Assn. v. Ciry of Oakland (1993) 23 Ca1.App.4th 704, 715 [29
Ca1.Rptr.2d 182]).
The CEQA Guidelines do not define the difference between "avoiding" a significant
environmental effect and merely "substantially lessening" such an effect. The City must
therefore glean the meaning of these terms from the other contexts in which the terms are used.
Public Resources Code Section 21081, on which CEQA Guidelines Section 15091 is based, uses
the term "mitigate" rather than "substantially lessen." The CEQA Guidelines therefore equate
"mitigating" with "substantially lessening." Such an understanding of the statutory term is
consistent with the policies underlying CEQA, which include the policy that "public agencies
should not approve projects as proposed if there are feasible alternatives or feasible mitigation
measures available which will substantially lessen the significant environmental effects of such
projects" (Pub. Resources Code, § 21002).
For purposes of these findings, the term "avoid" refers to the effectiveness of one or more
mitigation measures to reduce an otherwise significant effect to a less than significant level. In
contrast, the term "substantially lessen" refers to the effectiveness of such measure or measures
to substantially reduce the severity of a significant effect, but not to reduce that effect to a less
than significant level. These interpretations appear to be mandated by the holding in Laurel Hills
Homeowners Association v. Ciry Council (1978) 83 Ca1.App.3d 515, 519-527 [147 Cal.Rptr.
842], in which the Court of Appeal held that an agency had satisfied its obligation to
substantially lessen or avoid significant effects by adopting numerous mitigation measures, not
all of which rendered the significant impacts in question less than significant.
Although CEQA Guidelines Section 15091 requires only that approving agencies specify that a
particular. significant effect is "avoid[ed] or substantially lessen[ed]," these findings, for
purposes of clarity, in each case will specify whether the effect in question has been reduced to a
less than significant level or has simply been substantially lessened but remains significant.
Moreover, although Section 15091, read literally, does not require findings to address
environmental effects that an EIR identifies as merely "potentially significant," these findings
will nevertheless fully account for all such effects identified in the Final EIR (FEIR).
In short, CEQA requires that the lead agency adopt mitigation measures or alternatives, where
feasible, to substantially lessen or avoid significant environmental impacts that will otherwise
9
occur. Project modification or alternatives are not required, however, where such changes are
infeasible or where the responsibility for modifying the project lies with some other agency
(CEQA Guidelines, § 15091, subd. (a), (b)).
With respect to a project for which significant impacts are not avoided or substantially lessened
either through the adoption of feasible mitigation measures or a feasible environmentally
superior alternative, a public agency, after adopting proper findings, may nevertheless approve
the project if the agency first adopts a statement of overriding considerations setting forth the
specific reasons why the agency found that the project's "benefits" rendered "acceptable" its
"unavoidable adverse environmental effects" (CEQA Guidelines, §§ 15093, 15043, subd. (b);
see also Pub. Resources Code, § 21081, subd. (b)). The California Supreme Court has stated
that, "[t]he wisdom of approving ...any development project, a delicate task which requires a
balancing of interests, is necessarily left to the sound discretion of the local officials and their
constituents who are responsible for such decisions. The law as we interpret and apply it simply
requires that those decisions be informed, and therefore balanced" (Goleta, supra, 52 Cal.3d 553,
576).
VI.
LEGAL EFFECTS OF FINDINGS
To the extent that these findings conclude that proposed mitigation measures outlined in the EIR
are feasible and have not been modified, superseded or withdrawn, the City (or "decision
makers") hereby binds itself and any other responsible parties, including the applicant and its
successors in interest (hereinafter referred to as "Applicant"), to implement those measures.
These findings, in other words, aze not merely informational or hortatory, but constitute a
binding set of obligations that will come into effect when the City adopts the resolution(s)
approving the project.
The adopted mitigation measures are expressed conditions of approval. Other requirements are
referenced in the mitigation monitoring reporting program adopted concurrently with these
findings and will be effectuated through the process of implementing the project.
The mitigation measures are referenced in the mitigation monitoring and reporting program
adopted concurrently with these findings, and will be effectuated through the process of
implementing the Otay Valley Quarry Reclamation Plan Amendment.
10
VII.
MITIGATION MONITORING PROGRAM
As required by Public Resources Code Section 21081.6, subd. (a)(1), the City, in adopting these
findings, also concurrently adopts a mitigation monitoring and reporting program (MMRP) as
prepared by the environmental consultant under the direction of the City. The program is
designed to ensure that during project implementation, the applicant and any other responsible
parties comply with the feasible mitigation measures identified below. The program is described
in the Mitigation Monitoring and Reporting Program and is included as Section 10 of the Otay
Valley Quarry Reclamation Plan Amendment EIR. The City will use the MMRP to track
compliance with project mitigation measures. The MMRP will be available for public review
during the compliance period.
The monitoring program is dynamic in that it will undergo changes as additional mitigation
measures are identified and additional conditions of approval are placed on the project
throughout the project approval process. The monitoring program will serve as a dual purpose of
verifying completion of the mitigation measures for the proposed project and generating
information on the effectiveness of the mitigation measures to guide future decisions. The
program includes monitoring team qualifications, specific monitoring activities, a reporting
system, and criteria for evaluating the success of the mitigation measures.
VIII.
DIRECT SIGNIFICANT EFFECTS AND MITIGATION MEASURES
The Final EIR identified a number of direct and indirect significant environmental effects (or
"impacts") that the project may cause. These significant effects can be fully avoided through the
adoption of feasible mitigation measures. This Section (VIII) presents in greater detail the City
Council's findings with respect to the environmental effects of the project.
The project will result in significant direct and/or indirect irreversible environmental changes
with regard to the following issues: land use, planning, and zoning (indirect impacts to MSCP
Preserve); noise (indirect impacts to MSCP Preserve); biological resources (indirect impacts to
MSCP Preserve); cultural resources; paleontological resources; hydrology/drainage/water
quality; geology and soils; and hazards/risk of upset. These significant environmental changes or
impacts are discussed in Final EIR tl-O1 in Table ES-1 on pages ES-3 through ES-16 and in
Section 4, Environmental Impact Analysis, pages 4.1-1 through 4.16-13.
11
Land Use. Planning, and Zoning
approval of the Otay Valley Quarry Reclamation Plan Amendment project will result in
reclamation of an exiting quarry site, which will involve revegetation of some portions of the
quarry site and a naturally ftlling water body in the location of the quarry pit. Reclamation may
cause an indirect impact on the adjacent MSCP Preserve.
Noise
Implementation of the Otay Valley Quarry Reclamation Plan Amendment and subsequent
reclamation of the quarry site will result in construction noise sources. These noises have the
potential to result in indirect noise impacts to the adjacent MSCP Preserve. This is considered an
impact to noise as a result of the project.
Biological Resources
Construction activities associated with the Otay Valley Quarry Reclamation Plan Amendment
have the potential to result in indirect impacts to the MSCP Preserve adjacent to the project site.
These potential impacts to the adjacent MSCP Preserve are considered significant.
Cultural Resources
Due to construction activities associated with the Otay Valley Quarry Reclamation Plan
Amendment, although a low probability, the discovery of cultural resources or human remains is
possible. This is considered a potentially significant impact as a result.
Paleontological Resources
Proposed site grading and other reclamation activities associated with the Otay Valley Quarry
Reclamation Plan Amendment project will potentially affect portions of the underlying Mission
Valley Formation and Otay Formation, which have a high potential to contain important
paleontological resources. The potential for destruction of paleontological resources from these
formations, if encountered, is considered a significant impact.
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Hydrolosy/Drainage/Water Ouality
During reclamation activities associated with the Otay Valley Quarry Reclamation Plan
Amendment project, gasoline, diesel fuel, lubricating soil, grease, and solvents may be used on
the project site. Although these materials will be used in small amounts, the potential for
accidental spills of such toxic substances will be regarded as a significant impact to water
quality.
Geology and Soils
There is potential that shallow failures in weather rock could occur within the quarry. This
results in a potentially significant impact to geology of the Otay Valley Quarry Reclamation Plan
Amendment project, as the potential shallow failures may compromise slope stability.
Hazards/Risk of Upset
During reclamation activities associated with the Otay Valley Quarry Reclamation Plan
Amendment project, gasoline, diesel fuel, lubricating soil, grease, and solvents may be used on
the project site. Although these materials will be used in small amounts, the potential for
accidental spills of such toxic substances will be regarded as a significant impact.
A. LAND USE, PLANNING, AND ZONING
Standards of Significance:
A project could be regarded as having a significant impact on land use, planning, and zoning, if it
would:
Conflict with any habitat conservation plan or natural community conservation plan.
Impact:
• Approval of the Otay Valley Quarry Reclamation Plan Amendment project will result in
reclamation of an exiting quarry site, which will involve revegetation of some portions of the
quarry site and a naturally filling water body in the location of the quarry pit. Reclamation
may cause an indirect impact on the adjacent MSCP Preserve due to noise associated with
reclamation activities.
13
Finding:
Pursuant to Section 15091 (a)(1) of the CEQA Guidelines, changes or alterations are required in,
or incorporated into, the project that will substantially lessen or avoid the significant
environmental effect as identified in the EIR to below a level of significance.
Explanation:
The City of Chula Vista MSCP provides for the conservation of "covered species" and their
associated habitat to protect against loss due to direct, indirect, and cumulative impacts of future
development of both public and private lands within the MSCP study area. The project site is
located adjacent to the MSCP Preserve boundary and may indirectly impact covered species
and/or their habitat due to noise generated by reclamation activities.
Mitigation Measure:
The project implements mitigation measures BIO-1 through BIO-3 (see C. Biological Resources,
below) to mitigate indirect impacts to the MSCP Preserve to below a level of significance.
Significance After Mitigation:
Indirect project related land use, planning, and zoning impacts will be less than significant with
implementation of the recommended mitigation measures.
B. NOISE
Standards of Significance:
A significant noise impact would occur if the project would:
• Result in a substantial temporary or periodic increase in ambient noise levels in the
project vicinity above levels existing without the project.
Impact:
Implementation of the Otay Valley Quarry Reclamation Plan Amendment and subsequent
reclamation of the quarry site will result in construction noise sources. These noises have the
potential to result in indirect noise impacts to the adjacent MSCP Preserve. This is considered an
impact to noise as a result of the project.
14
Finding:
Pursuant to Section 15091 (a)(1) of the CEQA Guidelines, changes or alterations are required in,
or incorporated into, the project that will substantially lessen or avoid the significant
environmental effect as identified in the EIR to below a level of significance.
Explanation:
The City of Chula Vista MSCP provides for the conservation of "covered species" and their
associated habitat to protect against loss due to direct, indirect, and cumulative impacts of future
development of both public and private lands within the MSCP study area. The project site is
located adjacent to the MSCP Preserve boundary. Noise associated with reclamation acitivies
may indirectly impact covered species and/or their habitat.
Mitigation Measures:
The project implements mitigation measures BIO-1 through BIO-3 (see C. Biological Resources,
below) to mitigate indirect impacts to the MSCP Preserve to below a level of significance.
Significance After Mitigation:
Indirect project related noise impacts will be less than significant with implementation of the
recommended mitigation measures.
C. BIOLOGICAL RESOURCES
Standards of SigniScance:
Significant impacts related to biological resources would occur if the project were to:
• Have a substantial adverse effect on any riparian habitat or other sensitive natural
community identified in local or regional plans, policies, regulations, or by the California
Department of Fish and Game or U.S. Fish and Wildlife Service; or
• Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community
Conservation Plan, or other approved local, regional, or state habitat conservation plan.
15
Impact:
Construction activities associated with the Otay Valley Quarry Reclamation Plan Amendment
have the potential to result in indirect impacts to the MSCP Preserve adjacent to the project site
due to noise associated with reclamation activities. These potential impacts to the adjacent
MSCP Preserve are considered significant. Construction activities have the potential to result in
adverse impacts to special-status plants and wildlife, as well as sensitive vegetation communities.
Finding:
Pursuant to Section 15091(a)(1) of the CEQA Guidelines, changes or alterations are required in,
or incorporated into, the project that will substantially lessen or avoid the significant
environmental effect as identified in the EIR to a level of insignificance.
Explanation:
The City of Chula Vista MSCP provides for the conservation of "covered species" and their
associated habitat to protect against loss due to direct, indirect, and cumulative impacts of future
development of both public and private lands within the MSCP study area. The project site is
located adjacent to the MSCP Preserve boundary. Reclamation activities may indirectly impact
covered species and/or their habitat due to noise related to reclamation.
Mitigation Measures:
The following mitigation measures are feasible and are required as conditions of approval and
are made binding on the applicant through these findings (EIR, Section 4.6, page 4.6-8 through
4.6-11).
Special-Status Vegetation Communities
Design features listed in the Otay Valley Quarry Reclamation Plan Amendment will mitigate for
potential indirect impacts to special-status vegetation communities occurring in adjacent habitat
areas. With incorporation of the following project design features (EC-1, EC-2, GW-1, SP-1, and
R-2, described below), potential indirect impacts related to related to dust, erosion, pollutants,
runoff, hydrological changes, and invasion of exotics will be less than significant.
EC-1: Reclamation operations employ the following erosion and sediment control measures (as
necessary):
Sedimentation basins.
~ Water truck usage and soil compaction via track walking.
16
Diversion of run-on and run-off through the use of temporary chevrons.
~ Silt fences, wattles, rock slope protection, or other sediment control devices.
EC-2: Preventative maintenance activities are performed as part of the SWPPP program and
include the following:
~ Cleaning of accumulated sediment, debris, and potential contaminants from
the stormwater structural controls is conducted as needed before the start of
the rainy seasons. This cleaning is done on an as-needed basis during the rainy
season.
~+ Clearing of debris from drain inlets and drainage pipes.
GW-1:Fue1 or other chemicals present on the mine site will be handled and stored using
appropriate containment to prevent accidental spillage into open water bodies.
SP-1: Siltation potential associated with waters leaving the site will be minimized by the
reclaimed configuration of a large quarry providing abundant capacity to permanently
store sediments from surface runoff.
R-2: A program of invasive/exotic weed abatement will be implemented if such weeds become
present during operations or reclamation. Weed control may include the use of
herbicides, mechanical controls, or hand weeding.
In addition, potential indirect impacts to special-status plants due to trampling by humans will be
avoided by maintaining secure access to and from the reclaimed quarry. Under the proposed
Reclamation Plan Amendment, the property will be fenced and gated and all visitors will be
required to check in at the administration offtce, have proper safety gear, and be accompanied to
any restricted areas.
Special-Status Plant and Wildlife Species
With incorporation of project design features EC-1, EC-2, and GW-l, potential indirect impacts
related to dust, erosion, and pollutants will be less than significant. With incorporation of design
feature SP-1, potential indirect impacts related to runoff and hydrological changes will be less
than significant. With incorporation of design feature R-2, potential indirect impacts related to
invasion of exotics will be less than significant.
In addition, potential indirect impacts to special-status plants due to trampling by humans will be
avoided by maintaining secure access to and from the reclaimed quarry. Under the proposed
reclamation plan amendment, the property will be fenced and gated and all visitors will be
required to check in at the administration office, have proper safety gear, and be accompanied to
any restricted areas.
17
Implementation of the following measure, based on guidelines established in Section 7.5.2 of the
Chula Vista MSCP Subarea Plan (City of Chula Vista 2003) will mitigate for potential indirect
impacts to nesting birds associated with noise during equipment removal and rough grading.
With incorporation of mitigation measure BIO-1, potential indirect impacts related to noise will
be less than significant.
BIO-1 Appropriate noise attenuation features will be constructed adjacent to the quarry to
minimize noise impacts. Excessively noisy uses or activities adjacent to breeding
areas, including temporary grading activities, must incorporate noise reduction
measures or be curtailed during the breeding season of sensitive bird species.
Construction activity adjacent to the Preserve shall maintain noise levels that do not
exceed 60 dB(A) Leq, or ambient noise levels if higher than 60 dB(A) Leq, during the
breeding season for nesting sensitive birds. Prior to commencement of reclamation
activities, apre-construction survey shall be conducted to document the location of
active nest sites. If active sites are observed, an acoustical analysis shall be provided
to the City that demonstrates that adequate noise attenuation features shall be
constructed to maintain noise levels below 60 dB(A) Leq at any active nest location.
Outside the bird breeding season(s), no restrictions shall be placed on temporary
construction noise.
Regional Resource Planning
Preserve areas under the City of Chula Vista MSCP lie adjacent to the existing quarry and are
expected to be adjacent to the quarry at the start of reclamation activities in 2089. In order to
reduce indirect impacts to the Preserve, the project will be required to adhere to specific
guidelines established in Section 7.5.2 of the Chula Vista MSCP Subarea Plan (City of Chula
Vista 2003). These guidelines are reproduced here and will be incorporated into the proposed
project as mitigation measures BIO-2 through BIO-3. Guidelines relating to noise are addressed
in mitigation measures BIO-1, above.
BIO-2 Drainage
1. All reclamation activities and reclaimed areas must prevent the release of toxins,
chemicals, petroleum products, exotic plant materials, and other elements that
might degrade or harm the natural environment or ecosystem processes within the
Preserve. This will be accomplished using a variety of methods including natural
detention basins, grass swales, or mechanical trapping devices. These systems
shall be maintained approximately once a year, or as often as needed, to ensure
proper functioning. Maintenance includes dredging out sediments if needed,
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removing exotic plant materials, and adding chemical-neutralizing compounds
(e.g., clay compounds) when necessazy and appropriate.
2. The project shall implement urban runoff and drainage plans as specified in
Section 5.2.4 of the Otay Valley Quarry Reclamation Plan Amendment
(December 23, 2010) which will create the least impact practicable for all azeas
adjacent to the Preserve.
3. Pursuant to the San Diego Regional Water Quality Control Boazd Municipal
Permit, and the City of Chula Vista Storm Water Management Standards
Requirements Manual, which includes the SUSMP, all reclaimed areas located
adjacent to or discharging directly to an environmentally sensitive area (as
defined in the Municipal Permit and the Local SUSMP) are required to implement
site design, source control, and treatment control BMPs. For the proposed project
and as presented in the Otay Valley Quarry Reclamation Plan Amendment
(December 23, 2101) the BMPs shall, at a minimum, include:
a Sedimentation basins;
Water truck usage and soil compaction via track walking;
® Diversion of run-on and run-off through the use of temporary chevrons;
Silt fences, wattles, rock slope protection, or other sediment control
devices;
Cleaning of accumulated sediment, debris, and potential contaminants
from the storm water structural controls is conducted as needed before the
start of the rainy seasons. This cleaning is done on an as-needed basis
during the rainy season; and
Clearing of debris from drain inlets and drainage pipes.
4. Written confirmation that this mitigation measure has been satisfied shall be
provided to the City prior to commencement of reclamation activities.
Conformation shall be provided to the satisfaction of the City Engineer in the
form of an approved National Pollutant Discharge Elimination System Permit
(NPDES) and Storm Water Pollution Prevention Plan (SWPPP).
BIO-3 Invasives
The project shall comply with Section 5.2.3 of the Otay Valley Quarry Reclamation
Plan Amendment. The project plant material described in the Reclamation Plan
ensures that no invasive non-native plant species will be introduced into areas
19
immediately adjacent to the Preserve. Consistent with the Reclamation Plan, all open
space slopes immediately adjacent to the Preserve will be planted with native species
that reflect the adjacent native habitat.
Written confirmation that this mitigation measure has been satisfied shall be provided
to the City prior to commencement of reclamation activities. Confirmation shall be
provided to the satisfaction of the Development Services Director (or designee) in the
form of landscape and irrigation plans prepared consistent with the list of approved
plant species contained in the Otay Valley Quarry Reclamation Plan Amendment.
Relative to biological buffers, implementation of project design features EC-1, EC-2, GW-1, SP-
1, and R-2, as required by the Reclamation Plan Amendment and presented in Section 4.6.3 will
avoid significant indirect impacts.
Design features EC-1, EC-2, GW-1, SP-1, and R-2, incorporated in the Reclamation Plan
Amendment, shall be complied with as set forth therein.
Significance After Mitigation:
Indirect project related biological resources impacts will be less than significant with
implementation of the recommended mitigation measures.
D. CULTURAL RESOURCES
Standards of Significance:
Significant impacts related to cultural resources will occur if the project were to:
• Cause a substantial adverse change in the significance of an archaeological resources
pursuant to Section 15064.5.
Impact:
Due to construction activities associated with the Otay Valley Quarry Reclamation Plan
Amendment, although a low probability, the discovery of cultural resources or human remains is
possible. This is considered a potentially significant impact as a result.
20
Finding:
Pursuant to Section 15091(a)(1) of the CEQA Guidelines, changes or alterations are required in,
or incorporated into, the project that will substantially lessen or avoid the significant effect as
identified in the EIR to a level of insignificance.
Explanation:
Impacts to cultural resources occur when earthwork activities impact a previously unknown site
that may contain buried human and/or cultural remains. Significant adverse impacts to cultural
resources can occur, if important unknown cultural resources are encountered during
construction activities.
Mitigation Measures:
The following mitigation measures are feasible and are required as conditions of approval and
are made binding on the applicant through these findings (EIR, Section 4.7, page 4.7-4 and 4.7-
5).
CR-1 Prior to implementation of the Reclamation Plan Amendment, the project applicant
shall contract with a San Diego County-certified archaeologist to implement a
grading-monitoring program to the satisfaction of the City of Chula Vista.
Verification of the contract shall be presented, in letter from the Project
Archaeologist to the City of Chula Vista. The program shall include, but not be
limited to, the following:
1. The consulting archaeologist shall contract with a Native American Observer to
be involved with the grading-monitoring program.
2. During the original cutting of previously undisturbed deposits, the archaeological
monitor(s) (and Native American Observer) shall be on site, depending on the rate
of excavation, the materials excavated, and the presence and abundance of
artifacts and features. Monitoring and the need for monitoring will be at the
discretion of the qualified principal archaeologist. Monitoring locations may also
include designated archeological high-probability areas. Intermittent monitoring
may occur in areas of moderate archeological sensitivity at the discretion of the
qualified/principal archaeologist. Multiple monitors may be required, due to the
amount of grading being completed at any time, at the discretion of the principal
archaeologist.
21
3. In the event that previously unidentified potentially significant cultural resources
are discovered, the archaeologist shall have the authority to divert or temporarily
halt ground-disturbance operations in the azea of discovery to allow evaluation of
potentially significant cultural resources. The San Diego County Archaeologist
must concur with the evaluation before construction activities will be allowed to
resume in the affected area. For significant cultural resources, a Research Design
and Data Recovery Program to mitigate impacts shall be prepared by the
consulting archaeologist and approved by the San Diego County Archaeologist,
then carried out using professional archaeological methods. If any human remains
are discovered, the San Diego County Coroner shall be contacted. In the event
that the remains are determined to be of Native American origin, the Most Likely
Descendant (MLD), as identified by the Native American Heritage Commission,
shall be contacted in order to determine proper treatment and disposition of the
remains.
4. Before construction activities are allowed to resume in the affected area, the
artifacts shall be recovered and features recorded using professional
archaeological methods. The azchaeological monitor(s) and Native American
Observer shall determine the amount of material to be recovered for an adequate
artifact sample for analysis.
5. In the event that previously unidentified cultural resources are discovered, all
cultural material collected during the grading-monitoring program shall be
processed and curated according to current professional repository standards. The
collections and associated records shall be transferred, including title, to an
appropriate federally recognized curation facility within San Diego County, to be
accompanied by payment of the fees necessary for permanent curation.
6. In the event that previously unidentified cultural resources are discovered, a report
documenting the field and analysis results and interpreting the artifact and
research data within the reseazch context shall be completed and submitted to the
satisfaction of the City of Chula Vista prior to completion of the fourth stage of
reclamation.
7. In the event that no cultural resources are discovered, a brief letter to that effect
shall be sent to the City of Chula Vista by the consulting archaeologist,
confirming that the grading-monitoring activities have been completed.
22
Significance After Mitigation:
Potential cultural resources impacts will be less than significant with implementation of the
recommended mitigation measures.
E. PALEONTOLOGICAL RESOURCES
Standards of Significance:
The proposed project could have a significant effect on paleontological resources, if it would:
• Directly or indirectly destroy a unique paleontological resource or site or unique
geological feature.
Impact:
Proposed site grading and other reclamation activities associated with the Otay Valley Quarry
Reclamation Plan Amendment project could potentially affect portions of the underlying Mission
Valley Formation and Otay Formation. These formations have a high potential to contain
important fossiliferous materials. The potential for destruction of paleontological resources if
encountered in these formations is considered a significant direct impact.
Finding:
Pursuant to Section 15091(a)(1) of the CEQA Guidelines, changes or alterations are required in,
or incorporated into, the project that will substantially lessen or avoid the significant effect as
identified in the EIR to a level of insignificance.
Explanation:
Impacts to paleontological resources occur when earthwork activities take place in geological
formations that are known to be fossil bearing and result in destruction of the buried fossil
remains. Significant adverse impacts to paleontological resources can occur, if unknown
paleontological resources are encountered during construction activities.
23
Mitigation Measure:
The following mitigation measures are feasible and are required as conditions of approval and
are made binding on the applicant through these findings (EIR, Section 4.8, page 4.8-4 and 4.8-
6).
PALED-1 1. The project will require implementation of apre-construction mitigation
program and/or construction mitigation program approved by the City. All
mitigation programs shall be performed by a qualified professional
paleontologist, defined here as an individual with a M.S. or Ph.D. in
paleontology or geology who has proven experience in San Diego County
paleontology and who is knowledgeable in professional paleontological
procedures and techniques. Fieldwork may be conducted by a qualified
paleontological monitor, defined here as an individual who has experience
in the collection and salvage of fossil materials. The paleontological
monitor shall always work under the direction of a qualified
paleontologist.
2. Pre-construction mitigation shall be implemented if the qualified
professional paleontologist determines there is a potential for well-
preserved and significant fossil remains, discovered in the assessment
phase, will be destroyed during initial brush clearing and equipment
move-on. The individual tasks of this program include:
a. Surface prospecting for exposed fossil remains, generally involving
inspection of existing bedrock outcrops but possibly also excavation
of test trenches;
b. Surface collection of discovered fossil remains, typically involving
simple excavation of the exposed specimen but possibly also plaster
jacketing of lazge and/or fragile specimens or more elaborate quarry
excavations of richly fossiliferous deposits;
c. Recovery of stratigraphic and geologic data to provide a context for
the recovered fossil remains, typically including description of
lithologies of fossil-bearing strata, measurement and description of
the overall stratigraphic section, and photographic documentation of
the geologic setting;
d. Laboratory prepazation (cleaning and repair) of collected fossil
remains, generally involving removal of enclosing rock material,
stabilization of fragile specimens (using glues and other hazdeners),
24
and repair of broken specimens;
e. Cataloging and identification of prepared fossil remains, typically
involving scientific identification of specimens, inventory of
specimens, assignment of catalog numbers, and entry of data into an
inventory database;
£ Transferal, for storage, of cataloged fossil remains to an accredited
institution (museum or university) that maintains paleontological
collections (including the fossil specimens, copies of all field notes,
maps, stratigraphic sections, and photographs); and
g. Preparation of a final report summarizing the field and laboratory
methods used, the stratigraphic units inspected, the types of fossils
recovered, and the significance of the curated collection.
3. Construction mitigation shall be implemented as part of reclamation
activities, at the discretion of the qualified professional paleontologist and
in accordance with the approved mitigation program. The scope and pace
of reclamation will generally dictate the scope and pace of mitigation.
The individual tasks of a construction mitigation program typically
include:
a. Monitoring of any grading to discover unearthed fossil remains,
generally involving inspection of ongoing exposures;
b. Salvage of unearthed fossil remains, typically involving simple
excavation of the exposed specimen but possibly also plaster
jacketing of large and/or fragile specimens, or more elaborate
quarry excavations of richly fossiliferous deposits;
c. Recovery of stratigraphic and geologic data to provide a context for
the recovered fossil remains, typically including description of
lithologies of fossil-bearing strata, measurement and description of
the overall stratigraphic section, and photographic documentation of
the geologic setting;
d. Laboratory preparation (cleaning and repair) of collected fossil
remains, generally involving removal of enclosing rock material,
stabilization of fragile specimens (using glues and other hardeners),
and repair of broken specimens;
e. Cataloging and identification of prepared fossil remains, typically
involving scientific identification of specimens, inventory of
specimens, assignment of catalog numbers, and entry of data into an
25
inventory database;
f Transferal, for storage, of cataloged fossil remains to an accredited
institution (museum or university) that maintains paleontological
collections, including the fossil specimens, copies of all field notes,
maps, stratigraphic sections and photographs; and
g. Preparation of a final report summarizing the field and laboratory
methods used, the stratigraphic units inspected, the types of fossils
recovered, and the significance of the curated collection.
Significance After Mitigation:
Potential cultural resources impacts will be less than significant with implementation of the
recommended mitigation measures.
F. HYDROLOGY/DRAINAGE/WATER QUALITY
Standards of Significance:
Significant impacts related to hydrology and water quality would occur if the project would
occur if the project were to:
• Create or contribute runoff water, which would exceed the capacity of existing or planned
stotmwater drainage systems or provide substantial additional sources of polluted runoff;
or
• Otherwise substantially degrade water quality.
Impact:
During reclamation activities associated with the Otay Valley Quarry Reclamation Plan
Amendment project, gasoline, diesel fuel, lubricating soil, grease, and solvents may be used on
the project site. Although these materials will be used in small amounts, accidental spills of such
toxic substances could result in a significant impact to water quality. Reclamation activities may
result increased surface runoff.
26
Finding:
Pursuant to Section 15091(a)(1) of the CEQA Guidelines, changes or alterations are required in,
or incorporated into, the project that will substantially lessen or avoid the significant
environmental effects as identified in the EIR.
Explanation:
Reclamation of the project could result in accidental spills of toxic substances, which may
contaminate soils and/or run-off.
Mitigation Measures:
The following mitigation measures, as wells as HAZ-1 through HAZ-5, below in H
Hazards/Risk of Upset, are feasible and are required as conditions of approval and are made
binding on the applicant through these findings (EIR, Section 4.10, pages 4.10-10 and 4.10-11).
HYDRO-1: BMPs shall be incorporated into the final plan for reclamation to be reviewed and
approved by the City of Chula Vista and shall include, but not be limited to, the
following:
All construction vehicles shall be adequately maintained and equipped to
minimize/eliminate fuel spillage. All equipment maintenance work shall occur on-
site or within the designated construction staging area.
Any reclamation materials that need to be temporarily stockpiled or
equipment/supplies that need to be stored on-site shall be kept within the
construction staging areas and shall be covered when not in use.
In addition to the quarry pit serving as a retention basin, several erosion control measures and
design features, including EC-1 and EC-2 as outlined in the Otay Valley Quarry Reclamation
Plan Amendment, would prevent surface runoff from exiting the site. These measures are
presented below and include additional sedimentation basins placed throughout the site, silt
fences, berms, wattles, rock slope protection devices, temporary chevrons to divert run-on and
run-off during storm events, as well as routine cleaning of accumulated sediment and debris from
stormwater structural controls and drainage pipes.
EC-1: Reclamation operations employ the following erosion and sediment control measures (as
necessary):
~ Sedimentation basins.
27
~ Water truck usage and soil compaction via track walking.
• Diversion of run-on and run-off through the use of temporary chevrons.
• Silt fences, wattles, rock slope protection, or other sediment control devices.
EC-2: Preventative maintenance activities are performed as part of the SWPPP program and
include the following:
Cleaning of accumulated sediment, debris, and potential contaminants from
the stormwater structural controls is conducted as needed before the start of
the rainy seasons. This cleaning is done on an as-needed basis during the rainy
season.
• Clearing of debris from drain inlets and drainage pipes.
Significance After Mitigation:
Hydrology, drainage and water quality impacts will be less than significant with implementation
of the recommended mitigation measures.
G. GEOLOGY AND SOILS
Standards of Significance:
The project could have a significant effect on public health and safety if it would:
• Be located on expansive soils or on a geologic unit or soil that is unstable, or that would
become unstable as a result of the project.
Impact:
There is potential that shallow failures in weathered rock could occur within the quarry. This
results in a potentially significant impact to geology of the Otay Valley Quarry Reclamation Plan
Amendment project as shallow failures may impact slope stability.
Finding:
Pursuant to Section 15091(a)(1) of the CEQA Guidelines, changes or alterations are required in;
or incorporated into, the project that will substantially lessen or avoid the significant
environmental effect as identified in the EIR to a level of insignificance.
28
Explanation:
The stability of the rock slope was evaluated with the use of the Hoek-brown Strength Criteria.
The resulting Factors of Safety exceed the generally accepted 1.5. However, shallow failures in
weathered rock could occur, resulting in localized slope failure.
Mitigation Measures:
The following mitigation measure is feasible and is required as a condition of approval and is
made binding on the applicant through these findings (EIR, Section 4.11, page 4.11-6).
GEO-1 Ensure that the uppermost 50 feet of slopes will be cut to a slope angle of
1:1 (horizontal to vertical) to mitigate shallow failures in weathered rock.
The following design features (EC-1 and EC-2, described below), that are included in the
proposed Reclamation Plan Amendment would avoid potential erosion impacts, and the impacts
would be less than significant.
EC-1: Reclamation operations employ the following erosion and sediment control measures (as
necessary):
~ Sedimentation basins.
~ Water truck usage and soil compaction via track walking.
g Diversion of run-on and run-off through the use of temporary chevrons.
g Silt fences, wattles, rock slope protection, or other sediment control devices.
EC-2: Preventative maintenance activities are performed as part of the SWPPP program and
include the following:
a Cleaning of accumulated sediment, debris, and potential contaminants from
the stormwater structural controls is conducted as needed before the start of
the rainy seasons. This cleaning is done on an as-needed basis during the rainy
season.
m Clearing of debris from drain inlets and drainage pipes.
Significance After Mitigation:
Geologic impacts will be less than significant with implementation of the recommended
mitigation measure.
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H. HAZARDS/RISK OF UPSET
Standards of Significance:
Significant impacts related to hazards and hazardous materials would occur if the project were
to:
• Create a significant hazard to the public or the environment through reasonably foreseeable
upset and accident conditions involving the likely release of hazardous materials into the
environment.
Impact:
During reclamation activities associated with the Otay Valley Quarry Reclamation Plan
Amendment project, gasoline, diesel fuel, lubricating soil, grease, and solvents may be used on
the project site. Although these materials will be used in small amounts, the potential for
accidental spills of such toxic substances could result in a significant impact associated with
hazards and hazardous materials.
Finding:
Pursuant to Section 15091(a)(1) of the CEQA Guidelines, changes or alterations are required in,
or incorporated into, the project that will substantially lessen or avoid the significant
environmental effect as identified in the EIR to a level of insignificance.
Explanation:
Reclamation of the project could result in accidental spills of toxic substances, which may
contaminate soils and or run-off.
Mitigation Measures:
The following mitigation measures are feasible and are required as conditions of approval and
are made binding on the applicant through these findings (EIR, Section 4.13, pages 4.13-9 to
4.13-10).
HAZ-1 All equipment refueling and maintenance shall be restricted to designated staging areas
located away from drainages to avoid inadvertent releases from heavy equipment
30
vehicles or supplies from entering surface water bodies. Additionally, heavy equipment
and vehicles shall be inspected for leaks on a daily basis.
HAZ-2 Retention basins shall be installed in appropriate locations on the Project Site to prevent
sediment-laden runoff, particularly in areas of exposed soils located within 10 feet of a
drainage feature. Other sedimentation control features may include filter berms, straw
base barriers, filter inlets, and vegetative swales.
HAZ-3 All reclamation staging areas shall include surface runoff reduction measures to contain
hazardous materials such as oil, grease, or fuel products from being diverted off site or
toward receiving waters. Should heavy equipment be stored overnight, particularly near
drainage areas, drip plans shall be installed beneath machinery engine blocks and
hydraulic systems.
HAZ-4 A Spill Prevention Control and Countermeasure Plan shall be prepared and
implemented should unanticipated releases of hazardous materials occur. The plan shall
identify all hazardous materials (e.g., fuels, solvents) that will be present on any portion
of the construction area and Project Site. Contingency analysis and planning shall be
presented to identify potential spill or accident situations, how to minimize their
occurrence, and how to respond should they occur. The plan shall also identify spill
response materials (e.g., absorbent pads, shovels) to be kept at the construction site and
their locations. All construction personnel shall receive training regarding the
appropriate work practices necessary to effectively comply with the applicable
environmental laws and regulations, including without limitation, hazardous materials
spill prevention and response measures.
HAZ-5 As the water body fills with water, monitoring and control for vectors shall occur at
intervals of every six months, or as described by the local vector control agency.
Monitoring activities may cease upon 50 percent fill completion of the water body.
The following action included in the Reclamation Plan Amendment will be implemented in
accordance with Federal, State, and local requirements for SWPPPs to minimize inadvertent
contamination of groundwater during operations:
GW-1:Fuel or other chemicals present on the mine site will be handled and stored using
appropriate containment to prevent accidental spillage into open water bodies.
31
Significance After Mitigation:
Hazards and hazardous materials impacts will be less than significant with implementation of the
recommended mitigation measures.
IX.
FEASIBILITY OF POTENTIAL PROJECT ALTERNATIVES
Because the project will cause significant environmental effects, as outlined above, the City must
consider the feasibility of any alternative to the project as finally approved. The City must
evaluate whether one or more of these alternatives could avoid or substantially lessen the
significant environmental effects. Where no significant environmental effects remain after
application of all feasible mitigation measures identified in the EIR, the decision makers must
still evaluate the project alternatives identified in the EIR. Under these circumstances, CEQA
requires findings on the feasibility of project alternatives.
Generally, in preparing and adopting findings, a lead agency need not necessarily address
feasibility when contemplating the approval of a project with significant impacts. Where the
significant impacts can be mitigated to an acceptable (insignificant) level solely by the adoption
of mitigation measures, the agency, in drafting its findings, has no obligation to consider the
feasibility of environmentally superior alternatives, even if their impacts would be less severe
than those of the projects as mitigated (Laurel Heights Improvement Association v. Regents of
the University of California (1988) 47 Ca1.3d 376 [253 Ca1.Rptr. 426]; Laurel HillsHomeowners
Association v. City Council (1978) 83 Ca1.App.3d 515 [147 Ca1.Rptr. 842]; Kings County Farm
Bureau v. City of Hanford (1990) 221 Ca1.App.3d 692 [270 Ca1.Rptr. 650]). Accordingly, for
this project, in adopting the findings concerning project alternatives, the City.Council finds that
there are no environmental impacts that, for the finally approved project, are significant and
cannot be avoided or substantially lessened through mitigation. All project impacts can be
mitigated to below a level of significance through mitigation measures required for the project.
If there is a feasible alternative to the project, the decision makers must decide whether it is
environmentally superior to the project. Proposed project alternatives considered must be ones
that "could feasibly attain the basic objectives of the project." However, the CEQA Guidelines
also require an EIR to examine alternatives "capable of eliminating" environmental effects even
if these alternatives "would impede to some degree the attainment of the project objectives"
(CEQA Guidelines, Section 15126).
32
The City has properly considered and reasonably rejected project alternatives as."infeasible"
pursuant to CEQA. CEQA provides the following definition of the term "feasible" as it applies
to the findings requirement: "feasible means capable of being accomplished in a successful
manner within a reasonable period of time, taking into account economic, envirorunental, social,
and technological factors" (Pub. Resources Code, Section 21061.1). The CEQA Guidelines
provide a broader definition of "feasibility" that also encompasses "legal" factors. CEQA
Guidelines Section 15364 states, "the lack of legal powers of an agency to use in imposing an
alternative or mitigation measure may be as great a limitation as any economic, environmental,
social, or technological factor" (see also Citizens of Goleta Valley v. Board of Supervisors (1990)
52 Cal.3d 553, 565 [276 Ca1.Rptr.410]).
Accordingly, "feasibility" is a term of art under CEQA and thus may not be afforded a different
meaning as may be provided by Webster's dictionary or any other sources. Moreover, Public
Resources Code Section 21081 governs the "findings" requirement under CEQA with regard to
the feasibility of alternatives. Specifically, no public agency shall approve or carry out a project
for which an environmental impact report has been certified which identifies one or more
significant effects on the environment that would occur if the project is approved or carried out
unless the public agency makes one or more of the following findings:
1. "Changes or alternations have been required in, or incorporated into, the project which
avoid or substantially lessen the significant environmental effect as identified in the final
EIR" (CEQA Guidelines, Section 15091, subd. (a)(1)).
2. "Such changes or alterations are within the responsibility and jurisdiction of another
public agency and not the agency making the finding. Such changes have been adopted
by such other agency or can and should be adopted by such other agency" (CEQA
Guidelines, Section 15091, subd. (a)(3)).
3. "Specific economic, legal, social; technological, or other considerations,. including
provisions of employment opportunities for highly trained workers, make infeasible the
mitigation measures or project alternatives identified in the final E1R" (CEQA
Guidelines, Section 15091, subd. (a)(3)).
The concept of "feasibility" also encompasses the question of whether a particular alternative or
mitigation measure promotes the underlying goals and objectives of a project (City of Del Mar v.
City of San Diego (1982) 133 Ca1.App.3d 410, 417 [183 Cal. Rptr. 898]). " `[F]easibility' under
CEQA encompasses `desirability' to the extent that desirability is based on a reasonable
balancing of the relevant economic, environmental, social, and technological factors" (Ibid.; see
33
also Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.App.4`~ 704, 715 [29
Ca1.Rptr.2d 182]).
These findings contrast and compare the alternatives, where appropriate, in order to demonstrate
that the selection of the finally approved project, while still resulting in significant environmental
impacts, has substantial environmental, planning, fiscal, and other benefits. In rejecting certain
alternatives, the decision makers have examined the finally approved project objectives and
weighed the ability of the various alternative to meet objectives. The decision makers believe
that the project best meets the finally approved project objectives with the least environmental
impact.
The detailed discussion in Section VIII and Section IX demonstrate that all effects of the project
have been either substantially lessened or avoided through the imposition of existing policies or
regulations or by the adoption of additional, formal mitigation measures recommended in the
EIR.
Thus, the City can fully satisfy its CEQA obligations by determining whether any alternatives
identified in the EIR aze both feasible and environmentally superior with respect to the impacts
listed above (Laurel Hills, supra, 83 Ca1.App.3d at 519-527 [147 Cal. Rptr842]; Kings County
Farm Bureau v. City of Hanford (1990) 22] Ca1.App.3d 692, 730-731 [270 Cal. Rptr. 650]; and
Laurel Heights Improvement Association v. Regents of the University of California (1988) 47
Ca1.3d 376, 400-403 [253 Cal. Rptr. 426]). As the following discussion will show, no identified
alternative qualifies as both feasible and environmentally superior with respect to the
unmitigated impacts.
To fully account for these unavoidable significant effects and the extent to which particular
alternatives might or might not be environmentally superior with respect to them, these findings
will not focus so]ely on the impacts listed above, but may also address the environmental merits
of the alternatives with respect to all broad categories of impacts - even though such a faz-
ranging discussion is not required by CEQA. The findings will also assess whether each
alternative is feasible in light of the City's objectives for the project.
The City's review of project alternatives is guided primarily by the need to reduce potential
impacts associated with the project, while still achieving the basic objectives of the project. In
this case, the City's primazy objective is to provide for reclamation of the Otay Valley Quarry
following depletion of mining resources estimated to occur in 2089. More specific objectives
include those previously listed in Section III.
34
A. NO PROJECT ALTERNATIVES
Section 15126, subdivision(e), of the CEQA Guidelines requires the evaluation of the "No
Project" alternative. Such an alternative "shall discuss the existing conditions, as well as what
would be reasonably expected to occur in the foreseeable future if the project were not approved,
based on current plans and consistent with available infrastructure and community services." For
the Otay Valley Quarry Reclamation Plan Amendment project, the EIR considers both a No
Project/No Build alternative and a No Project/Development under Existing Approvals
alternative.
A.1. NO PROJECT/NO BUILD ALTERNATIVE
Under the No Project/No Build alternative, existing conditions on the site at the time mining
operations cease (estimated to be 2089) would remain; and implementation of the Otay Valley
Quarry Reclamation Plan Amendment and associated removal of equipment, grading,
revegetation, and monitoring and maintenance would not occur. None of the impacts identified
for the proposed project would result from implementation of the No Project/No Build
Alternative. However, it should be noted that the analysis of the project contained in Section 4.0,
Environmental Impact Analysis, of the Otay Valley Quarry Reclamation Plan Amendment
project EIR did not identify any significant unmitigable adverse effects associated with the
project. Additionally, the No Project/No Build alternative would not meet any of the project
objectives related to the stabilization of the slopes, the prevention of wind and water erosion by
stabilizing the soil surface, and the implementation of a revegetation program. Furthermore, if
the objectives of the Reclamation Plan Amendment were not realized, City and State (SMARA)
requirements would not be met.
When compared with the proposed project, the No Project/No Build Alternative would result in
fewer impacts to: Traffic, Circulation, and Access; Noise (indirect impacts to MSCP Preserve);
Hazards/Risk of Upset; and Greenhouse Gas Emissions because no reclamation activities would
occur under the No Project/No Build Alternative. This alternative would result in a greater
impact to: Land Use, Planning, and Zoning, Landform Alteration/Aesthetics; Air Quality;
Biological Resources; Geology and Soils (impacts to soils); and Hydrology/Drainage/Water
Quality. All other impacts associated with the No Project/No Build alternative would be the
same as the proposed project.
This alternative would not meet any of the project's objectives and would not be in compliance
with State and local requirements that require reclamation of a mining site.
35
Findings:
1. The No Project alternative would not meet any of the basic project objectives as listed in
Section 3.3, Project Purpose and Objectives, of the EIR, and in Section III of these
Findings of Fact.
2. The No Project/No Build alternative would not facilitate reclamation of the Otay Valley
Quarry site as required by SMARA and the City of Chula Vista.
Implementation of the No Project/No Build alternative would not achieve any of the objectives
established for the project. The No Project/No Build alternative is not in compliance with state
and local requirement that require reclamation of a mining site.
For these reasons, the City Council concludes that the No Project/No Build alternative is not
feasible or environmentally superior (see City of Del Mar, supra, 133 Ca1.App3d at 417;
Seguoyah Hills, supa, 23 Ca1.App.4`h at 715).
A.2. NO PROJECT/DEVELOPMENT UNDER EXISTING APPROVALS
Under the No Project/Development under Existing Approvals alternative, the Otay Valley
Quarry would be reclaimed in accordance with the existing Otay Ranch Pit Reclamation Plan.
Similar to the proposed project, the Otay Ranch Pit Reclamation Plan would alter the character
of the Project Site, following depletion of mining resources, by restoring the quarry to open
space consisting of a variety of plants and natural habitats consistent with local topography and
designed to enhance the aesthetic value of the disturbed mining site. The final reclaimed
landform would consist of a mined floor area that gently slopes from the southern side of the site
to the north. The mined floor would be surrounded on the north, east, and west by quarry slopes
at a 2:1 average slope gradient. Approximately 400,000 cubic yards of fill would be utilized to
create the 2:1 slopes. The highest portion of these slopes would be approximately 300 feet above
the reclaimed quarry floor. Following slope grading, afour-inch layer of topsoil would be
placed over the majority of the cut rock slopes for revegetation. Revegetation with native
grasses and herbaceous plant materials that provide for erosion control would occur on all fill
slopes. Some areas would exhibit rock outcroppings in order to create visual interest and
integrate the site with surrounding lands. A small area at the top of the quarry slopes and along
the southern boundary of the site would be revegetated with Diegan coastal sage scrub.
With respect to the issues discussed in Section 4.0, Environmental Impact Analysis, of the Otay
Valley Quarry Reclamation Plan Amendment project EIR, the No ProjecUDevelopment Under
36
Existing Approvals alternative would not result in any fewer impacts than the proposed project.
Impacts relating to land use, planning, and zoning; traffic, circulation, and access; noise; air
quality; biological resources; cultural resources; paleontological resources; hydrology/
drainage/water quality; hazards/risk of upset; and greenhouse gas emission would be greater
under the No Project/Development Under Existing Approvals alternative because this altemative
would require additional construction efforts to transport 400,000 cubic yards of fill material and
grade the hillside to blend with the surrounding area and slope gradients.
Findings:
The No ProjecUDevelopment Under Existing Approvals altemative would not lessen or
avoid any of the significant impacts of the proposed project.
This alternative development design would conform with the goals and policies of the adopted
Chula Vista General Plan, as well as the Chula Vista Municipal Code. However, the No
Project/Development Under Existing Approvals alternative would result in greater impacts to
land use, planning, and zoning; traffic, circulation, and access; noise; air quality; biological
resources; cultural resources; paleontological resources; hydrology/drainage/water quality;
hazards/risk of upset; and greenhouse gas emission. For these reasons, the City Council
concludes that the No Project/Development Under Existing Approvals alternative is not feasible
(see City of Del Mar, supra, 133 Ca1.App3d at 417; Sequoyah Halls, supa, 23 Ca1.App.4`~ at 715)
or environmentally superior.
B. BENCHED ALTERNATIVE
Under the Benched alternative, approximately 45 acres would be leveled and prepared to a
condition suitable for future development. Cut surfaces would be graded to slopes with an
elevation rise of 2:1 to ensure long-term stability and, where feasible, level benches would be
revegetated with hydromulch and seed. Approximately. 14 acres of the quarry floor would be
backfilled to create a more or less level rock surface. There would be no external drainage for the
quarry floor, and all surface water from the walls of the quarry would accumulate on the floor. A
sufficiently thick layer of about seven feet of soil would be placed on the quarry floor in order to
contain the annual cumulative rainfall without extensive ponding on the surface. Under this
alternative, the revegetation of the quarry floor would be designed so that a minimum of one
species of the plant community has a significant part of its root system at every level within the
quarry floor reclamation soil profile, thus maximizing water use.
37
With respect to the issues discussed in Section 4.0, Environmental Impact Analysis, of the Otay
Valley Quarry Reclamation Plan Amendment project EIR, the Benched alternative would result
in potentially greater impacts to the following: landform alteration aesthetics and
hydrology/drainage/water quality due to the proposed topography if this alternative. All other
impacts are similar to or the same as the impacts of the proposed project.
Findings:
1. The Benched alternative would not lessen or avoid significant direct landform
alteration/aesthesis and hydrology/water quality/drainage impacts of the project.
The Benched alternative would meet most of the project's objectives listed in Section 3.3,
Project Purpose and Objectives, of the EIR as well as Section III of the Findings of Fact.
However, this alternative would result in greater impacts than the proposed project due to the
proposed topography of this alternative.
For these reasons, the City Council concludes that the Benched alternative is not feasible or
environmentally superior (see City of Del Mar, supra, 133 Ca1.App3d at 417; Sequoyah Hills,
supq 23 Ca1.App.4~" at 715).
C. FILL ALTERNATIVE
The Fill Alternative would consist of bringing in material from off-site to fill the pit formed by ..
mining and restore Rock Mountain back to its original shape. The original slopes of the quarry
pit area would be reformed to be consistent with the shape and gradient of the slopes on the
northern side that remained intact during mining operations. Restored slopes would be vegetated
to ensure stability and improve the aesthetics of the site. The Fill Alternative would require
locating sufficient material to fill the,pit formed by mining operations. Implementation of this
alternative would take substantially longer than the proposed project because of the amount of
fill that would be need to be brought in and rscontouring of the site. The collection of the fill
material and transport to the Project Site would result in significant impacts, as discussed below.
With respect to the issues discussed in Section 4.0, Environmental Impact Analysis, of the Otay
Valley Quarry Reclamation Plan Amendment project EIR, the Fill alternative would result in
significantly greater impacts than the proposed project due to additional construction efforts
required to transport fill material and grade the hillside to blend with the surrounding area and
slope gradients. The additional truck trips and equipment requirements would result in additional
38
impacts to traffic, circulation, and access; noise; air quality; biological resources;
hydrology/drainage/water quality; hazards/risk of upset; and GHG emissions. This altemative
would result in less impacts to Landform Alteration/Aesthetics because it would leave the site in
a manner that reflects the pre-existing landform to a greater extend. Implementation of the
proposed project would result in more variation and interest while the Fill Alternative would
blend more with the natural character of the project vicinity. All other impacts would be the
same as the project. This alternative would implement the project's objectives.
Findings:
1. The Fill alternative would result in greater impacts than the proposed project.
The Fill alternative would meet most of the project's objectives listed in Section 3.3, Project
Purpose and Objectives, of the EIR as well as Section III of the Findings of Fact. However, this
alternative would result in greater impacts than the proposed project.
For these reasons, the City Council concludes that the Benched alternative is not feasible or
environmentally superior (see City of Del Mar, supra, 133 CaLApp3d at 417; Sequoyah Hills,
supa, 23 Cal.App.4r~ at 715).
X.
STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE PROPOSED
OTAY VALLEY RECLAMATION PLAN AMENDMENT EIR
CEQA states that where significant effects are unable to be avoided or substantially lessened, the
approving agency shall present a statement of overriding considerations, where the agency shall
"state in writing the specific reasons to support its actions based on the final EIR and other
information in the record" (CEQA Guidelines, Section 15099, subd. (b)). For the Otay Valley
Quarry Reclamation Plan Amendment project, all impacts can be mitigated to a less than
significant level. Therefore, no statement of ovemding considerations is necessary.
39
III - j~j~~j~~ jT~~"~ ~ ~PCJR~'1N ~C~GR,4;~
j`~111TI~ATIC~N ~/1C}i~~liC~RING A~iC.~ F~~~C~R~!3~JG Pr`~C>~RAM
This Mitigation Monitoring Reporting Program (ri4MRP) was prepared by the City of Chula Vista for the
Otay Valley Quarry Reclamation Plan Amendment project to comply with Assembly Bill 3180, which
requires public agencies to adopt such programs to ensure effective implementation of mitigation measures.
This monitoring program is dynamic in that it will undergo changes as additional mitigation measures axe
identified and additional conditions are placed on the project throughout the project approval process.
This monitoring program will serve a dual purpose of verifying completion of the mitigation measures fox
the proposed project and generating information on the effectiveness of the mitigation measures to guide
future decisions. The program includes the following:
Monitoring team qualifications
Specific monitoring activities
Repotting system
Criteria for evaluating the success`of the mitigation measures
"I'he proposed Otay Valley Quarry Reclamation Plan Amendment project proposes a Reclamation Plan
Amendment, in accordance with SMARA and City regulations, fox the Otay Valley Quarry. Reclamation
would take place on approximately 197 acres of the 278-acre quarry. The Reclamation Plan Amendment
would be implemented when mineral resources at the site have been depleted, estimated to be about the
year 2089.
The EIR, incorporated herein as referenced, focused on issues determined to be potentially significant by
the City of Chula Vista. The issues addressed in the EIR include:
Land Use, Planning, and Zoning
Landfoxm Alteration/ilesthetics
Traffic, Circulation and Access
Noise
Aix Quality
Biological Resources
Cultural Resources
Paleontological Resources
Agricultural Resources
Hydrology/Drainage/Water Quality
Geology and Soils
Public Services and Utilities - including
Compliance with the City Threshold and
Standards Policy
Hazard/Risk of Upset
Housing and Population
Greenhouse Gas Emissions
Otay Valley Quarry Reclamation Plan Amendment Page 1
Environmental Impact Report (EIR) DRAFT: March 2011; FINAL: June 2011
~H?~iji - S~9s~~'9C) 8+~]Tp~4"..,A1~ 11~V~{ RJ~R~hri
Potentially significant impacts would require mitigation fox the following issues:
Land Use, Planning, and Zoning
Noise
Biological Resources
Cultural Resources
Paleontological Resourees
Hydrology/Drainage/Water Quality
Hazards/Risk of Upset
Geology and Soils
MITIGATION MONITORING TEAM
A monitoring team should be identified once the mitigation measures have been adopted as conditions of
approval by the Chula Vista City Council. Managing the team would be the responsibility of the Mitigation
Monitor ~IM). The monitoring activities would be accomplished by Environmental Monitors (EMs),
Environmental Specialists (ESs), and the MM. While specific qualifications should be determined by the
City of Chula Vista, the monitoring team should possess the following capabilities:
Interpersonal, decision-making, and management skills with demonstrated experience in working
under trying field circumstances;
Knowledge of and appreciation fox the general environmental attributes and special features found
in the project area;
Knowledge of the types of environmental impacts associated with construction of cost-effective
mitigation options; and
Excellent communication skills.
The responsibilities of the MM throughout the monitoring effort include the following:
Implement and manage the monitoring program;
Provide quality control for the site-development monitoring;
Administrate and prepare daily logs, status reports, compliance reports, and the final construction
monitoring;
Act as a liaison between the City of Chula Vista and the applicant's contractors;
Monitor on-site, day-to-day construction activities, including the direction of EMs and ESs in the
understanding of all permit conditions, site-specific project requirements, construction schedules,
and environmental quality control effort;
Ensure contractor knowledge of and compliance with all appropriate permit conditions;
Review all construction impact mitigation and, if need be, modify existing mitigation or proposed
additional mitigation;
Have the authority to require correction of observed activities that violate project environmental
conditions ox that represent unsafe or dangerous conditions; and
IVlaintain prompt and regular communication with the on-site EMs and ESs and personnel
responsible fox contractor performance and permit compliance.
The primary role of the EM is to serve as an extension of the MM in performing the quality control
functions at the construction sites. Their responsibilities and functions are to:
Otay Valley Quarry Reclamation Plan Amendment Page 2
Environmental Impact Report (EIR) DRAFT: March 2011; FINAL: June 2011
xl~ll~lr ~I~ai~~s c~IVfrcaIN 1~ F?CSR?IP3 Pl~~~~~~
Maintain a working knowledge of the Otay Valley Quarry Reclamation Plan Amendment project
permit conditions, contract documents, construction schedules, and any special mitigation
requirements fox his or hex assigned construction area;
Assist the MM and the applicant's construction contractors in coordinating with City of Chula Vista
compliance activities;
Observe construction activities fox compliance with the City of Chula Vista permit conditions; and
Provide frequent verbal briefings to the MM and construction personnel, and assist the iV1M as
necessary in preparing status reports.
The primary role of the ESs is to provide expertise when environmentally sensitive issues occur throughout
the development phases of project implementation and to provide direction for mitigation.
PROGRAM PROCEDURAL GUIDELINES
Prior to any construction activities, meetings should take place between all the parties involved to initiate the
monitoring program and to establish the responsibility and authority of the participants. Mitigation
measures that need to be defined in greater detail will be addressed prior to any project plan approvals in
follow-up meetings designed to discuss specific monitoring effects.
An effective reporting system must be established prior to any monitoring efforts. All parties involved must
have a clear understanding of the mitigation measures as adopted, and these mitigations must be distributed
to the participants of the monitoring effort. Those that would have a complete list of all the mitigation
measures adopted by the City of Chula Vista would include the Ciry of Chula Vista, the project applicant,
the MM, and the construction crew supervisor. The MbI would distribute to each EM and ES a specific list
of mitigation measures that pertain to his ox hex monitoring tasks and the appropriate time frame that these
mitigations are anticipated to be implemented.
In addition to the list of mitigation measures, the monitors will have mitigation monitoring report (MMR)
forms, with each mitigation measure written out on the top of the form. Below the stated mitigation
measure, the form will have a series of questions addressing the effectiveness of the mitigation measure.
The monitors shall complete the MMR and file it with the MM following the monitoring activity. The MM
will then include the conclusions of the MMR into an interim and final comprehensive construction report
to be submitted to the City of Chula Vista. This report will describe the major accomplishments of the
monitoring program, summarize problems encountered in achieving the goals of the program, evaluate
solutions developed to overcome problems, and provide a list of recommendations fox future monitoring
programs. In addition, and if appropriate, each EM ox ES will be required to fill out and submit a log
report to the MM. The log report will be used to record and account for the monitoring activities of the
monitor. Weekly and/ox monthly status report, as determined appropriate, will be generated from the logs
and compliance reports and will include supplemental material (i.e., memoranda, telephone logs, and letters).
This type of feedback is essential for the City of Chula Vista to confirm the implementation and
effectiveness of the mitigation measures imposed on the project.
ACTIONS IN CASE OF NONCOMPLIANCE
There are generally three separate categories of noncompliance associated with the adopted conditions of
approval:
Ofay Valley Quarry Reclamation Plan Amendment Page 3
Environmental Impact Report (EIR) DRAFT: March 2011; FINAL: June 2011
~j~jT a 1ITlC~~1Tlt'~N i~B1t~lh1~ ~~J~ EC~T~~ ~3~R~PP,
Noncompliance requiring an immediate halt to a specific task or piece of equipment;
Infraction that warrants an immediate corrective action but does not result in work or task delav;
and
Infraction that does not warrant immediate corrective action and results in no work or task delay.
In each case, the Mli1 would notify the applicant's contractor and the City of Chula Vista of the
noncompliance, and an MMR would be filed with the MM on a daily basis.
There axe a number of options the City of Chula Vista may use to enforce this program should
noncompliance continue. Some methods commonly used by other lead agencies include "stop work"
orders, fines and penalties (civil), restitution, permit revocations, citations, and injunctions. It is essential
that all parties involved in the program understand the authority and responsibility of the on-site monitors.
Decisions regarding actions in case of noncompliance axe the responsibility of the City of Chula Vista.
SUMMARY OF PROJECT IMPACTS AND MITIGATION MEASURES
The following table summarizes the potentially significant project impacts associated with the Otay Valley
Quarry Reclamation Plan Amendment project and lists the associated mitigation measures and the
monitoring efforts necessary to ensure that the measures axe properly implemented. All the mitigation
measures identified in the F.IR are required as conditions of project approval and axe stated herein in
language appropriate for such conditions. In addition, during various stages of project implementation, the
designated monitors, the City of Chula Vista, and the applicant will further develop the mitigation measures.
Otay Valley Quarry Reclamation Plan Amendment Page 4
Environmental Impact Report (EIR) DRAFT: March 2011; FINAL: June 2011
EXIi]RIT - iTiG~tT6C}t~ C~3~3TtJR6t~C d~~d~ ~P~RTii~~ ~Rc'~ ar~tAf~r1
Table 1. Mitigation Monitoring and Reporting Program
MNigation
Method of Timin of Verification
Responsible Com leted
Measure No. MRigation Measure Verification Pre During Post poMy Initials Date Comments
Const. ConsT. ConsT.
BIOLOGICAL RE SOURCES -
BIO-1 Appropriate noise attenuation features will be constructed Monitoring by X Applicant
adjacent to the quarry fo minimize noise impacts. Excessively City of Chula
noisy uses or activities adjacent fo breeding areas, including Vista Planning
temporary grading activities, must incorporate noise reduction and Building
measures or be curtailed during the breeding season of sensitive Division
bird species. Construction activity adjacent to the Preserve shall
maintain noise levels that do not exceed 60 dB(Aj Leq, or
ambient noise levels if higher than 60 d8(AI Leq, during the
breeding season for nesting sensitive birds. Prior to
commencement of reclamation activities, a pre-construction
survey shall be conducted fo document the location of active
nest sites. If active sites are observed, an acoustical analysis shall
be provided to the City that demonstrates that adequate noise
attenuation features shall be constructed to maintain noise levels
below 60 dB(Aj Leq at any active nest location. Outside the bird
breeding season(sj, no restrictions shall be placed on temporary
construction noise.
BIO-2 7. All reclamation activities and reclaimed areas must prevent Monitoring by X X Applicant
Drainage the release of toxins, chemicals, petroleum products, exotic the Chula
plans materials, and ocher elements that might degrade or Vista
harm the natural environment or ecosystem processes within Engineering
the Preserve. This will be accomplished using a variety of Division
methods including natural detention basins, grass swales, or
mechanical trapping devices. These systems shall be
maintained approximately once a year, or as often as
needed, to ensure proper functioning. Maintenance should
include dredging out sediments if needed, removing exotic
plant materials, and adding chemical-neutralizing
compounds (e.g., clay compounds] when necessary and
appropriate.
2. The project shall implement urban runoff and drainage plans
as specified in Section 5.2.4 of the Otay Valley Reclamation
Plan Amendment (December 23, 2010] which will create the
least impact practicable for all areas adjacent to the
Preserve.
3. Pursuant to the San Diego Regional Water Qualify Conhol
Otay Valley Quarry Reclamation Plan Amendment Page 5
Environmental Impact Report (EIR) DRAFT: March 2011; FINAL: June 2011
EXFiIBBT ~ - ITI~~TIfli~ 1t3NIT~Rity~ ~3JC7 E~C7TI~ ~r2~J~r~;~~~~i
Mtigation
Measure No.
Mitigation Measure
Method of
Ver'rftcotion Timin of Verification
pre During Post
Const. Const. Const.
Responsible
party Com leted
Initials Date
Comments
Board Municipal Permit, and the Cify of Chula Vista Storm
Wafer Management Standards Requirements Manual, which
includes the SUSMP, all reclamation areas located directly
adjacent to or discharging directly to an environmentally
sensitive area (as defined in the Municipal Permi} and the
Local SUSMP~ are required to implement site design, source
control, and treatment control BMPs. For the proposed
project and as presented in the Ofay Valley Quarry
Reclamation Plan Amendment (December 23, 2101j the
BMPs shall, at a minimum, include:
Sedimentation basins;
Wafer truck usage and soil compaction via track
walking;
Diversion of run-on and run-off through the use of
temporary chevrons;
Silt fences, waffles, rock slope protection, or ocher
sediment control devices;
Cleaning of accumulated sediment, debris, and
potential contaminants from the storm wafer structural
controls is conducted as needed before the start of the
rainy seasons. This cleaning is done on an as-needed
basis during the rainy season; and
Clearing of debris from drain inlets and drainage pipes.
4. Written confirmation that this mitigation measure has been
satisfied shall be provided to the City prior to
commencement of reclamation activities. Conformation
shall be provided to the satisfaction of the City Engineer in
the form of an approved National Pollutant Discharge
Elimination System Permit (NPDESj and Storm Wafer Pollution
Prevention Plan (SWPPPJ.
BIO-3 The project shall comply wish Section 5.2.3 of the Ofay Valley Monitoring by X X Applicant
Invasives Quarry Reclamation Plan. The project plant material described in City of Chula
the Reclamation Plan ensures that no invasive non-native plant Vista Planning
species will be introduced into areas immediately adjacent fo and Building
the Preserve. Consistent with the Reclamation Plan, all open Division
space slopes immediately adjacent to the Preserve will be
planted with native species that reflect the adjacent native
habitat.
Written confirmation that this mitt anon measure has been
Otay Valley Quarry Reclamation Plan Amendment Page 6
Environmental Impact Report (EIR) DRAFT: March 2011; FINAL: June 2011
~7CHIBiT - ITIGkIIfl~d t~fltJhii`CC7RIRl ~~C} EPC}RTE~~ ~RC~.a~~t4
MNigaTion
Measure No.
Mitigation Measure
McThod of
Ver'rfication Tlmin of Verification
Pre During PosT
ConsT. ConsT. ConsT.
Responsible
paw Com leted
Initials Date
Commenfs
satisfied shall be provided to the City prior to commencement of
reclamation activities. Confirmation shall be provided to the
satisfaction of the Development Services Director (or designees in
the form of landscape and irrigation plans prepared consistent
wish the list of approved plant species contained in the Otay
Valley Quarry Reclamation Plan Amendment.
Otay Valley Quarry Reclamation Plan Amendment page 7
Environmental Impact Report (EIR) DRAFT: March 2011; FINAL: June 2011
E~6~I~IT , - 11t~1TIGAT6C}3'J C3NITt~R68~~ A~9E3 ~PC.~RTIY~C r RC7~,1
Timin of Verification ibl Com leted
MITlgation Method of Respons
e t
C
Measure No. Mitigation Measure Verification Pre During Post party IniTials Date ommen
s
Const. Const. Const.
CULTURAL RESOURCES
CR-1 Prior to implementation of the reclamation plan, the project applicant Monitoring by X X Applicant
shall contract with a San-Diego-County-certified archaeologist to City of Chula
implement agrading-monitoring program to the satisfaction of the Cify Vista Planning
of Chula Vista. Verification of the contract shall be presented, in letter and Building
from the Project Archaeologist to the City of Chula Vista. The program Division
shall include, but not be limited to, the following:
1. The consulting archaeologist shall contract with a Native
American Observer fo be involved with the grading-monitoring
program.
2. During the original cutting of previously undisturbed deposits, the
archaeological monitor(s) jand Native American Observer) shall
be on site, depending on the rate of excavation, the materials
excavated, and the presence and abundance of artifacts and
features. Monitoring and the need for monitoring will be at the
discretion of the qualified principal archaeologist. Monitoring
locations may also include designated archeological high-
probability areas. Intermittent monitoring may occur in areas of
moderate archeological sensitivity at the discretion of the
qualified/principal archaeologist. Multiple monitors may be
required, due to the amount of grading being completed at any
time, at the discretion of the principal archaeologist.
3. In the event that previously unidentified potentially significant
cultural resources are discovered, the archaeologist shall have the
authority to divert or temporarily halt ground-disturbance
operations in the area of discovery to allow evaluation of
potentially significant cultural resources. The San Diego County
Archaeologist muss concur with the evaluation before
construction activities will be allowed to resume in the affected
area. For significant cultural resources, a Research Design and
Data Recovery Program to mitigate impacts shall be prepared by
the consulting archaeologist and approved by the San Diego
County Archaeologist, then carried out using professional
archaeological methods. If any human remains are discovered,
the San Diego County Coroner shall be contacted. In the event
that the remains are determined to be of Native American origin,
the Most Likel Descendant MLD , as identified b the Native
Otay Valley Quarry Reclamation Plan Amendment Page 8
Environmental Impact Report (EIR) DRAFT: March 2011; FINAL: June 2011
EXHi6iT m ITl~1~T1~}t~ tJfi~iTC7RIN~ ~€~C3 REPC}RTI~EG PRC2RAt~ti
MNigation
Measure No.
Mitigation Measure Method of
Verification Timin
Pre
Const. of VerRication
During PosT
Cons}. Const. Responsible
Polly Com leted
Initials Date
Comments
American Heritage Commission, shall be contacted in order to
determine proper treatment and disposition of the remains.
4. Before construction activities are allowed to resume in the
affected area, the artifacts shall be recovered and features
recorded using professional archaeological methods. The
archaeological monitorls~ and Native American Observer shall
determine the amount of material }o be recovered for an
adequate artifact sample for analysis.
5. In the even} that previously unidentified cultural resources are
discovered, all cultural material collected during the grading-
moniforing program shall be processed and curated according to
current professional repository standards. The collections and
associated records shall be iransfened, including title, io an
appropriate federally recognized curation facility within San Diego
County, to be accompanied by payment of the fees necessary
for permanent curation.
b. In the event that previously unidentified cultural resources are
discovered, a report documenting the field and analysis results
and interpreting the artifact and research data within the
research context shall be completed and submitted to the
satisfaction of the Cify of Chula Vista prior to Completion of the
fourth stage of reclamation.
7. In the event that no cultural resources are discovered, a brief
letter to that effect shall be sent to the Cify of Chufa Vista by the
consulting archaeologist, confirming chat the grading-monitoring
activities have been completed.
Otay Valley Quarry Reclamation Plan Amendment Page 9
Environmental Impact Report (EIR) DRAFT: March 2011; FINAL: June 2011
EXH1131T - rITI~AT1fJ~1 L2~1BTC+R(tal~ ~a~[7 EPC3TI~~a ~€tC7C#~`t
M1tl
afion M
th
d
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ti
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o
o Respons
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Measure No. ga
on
easure VerRication Pre During Post padY InRials Date Comments
Consi. ConsT. Const.
PALEONfiOLOGICAL RESOURCES ' -
PALED-1 1. The project will require implementation of a pre- Monitoring by X Applicant
conshuciion .mitigation program and/or construction the Chula
mitigation program approved by the City. All mitigation Vista
programs shall be performed by a qualified professional Engineering
paleontologist, defined here as an individual with a M.S. or Division
Ph.D. in paleontology or geology who has proven
experience in San Diego County paleontology and who is
knowledgeable in professional paleontological
procedures and techniques. fieldwork may be
conducted by a qualified paleontological monitor,
defined here as an individual who has experience in the
collection and salvage of fossil materials. The
paleontological monitor shall always work under the
direction of a qualified paleontologist.
2. Pre-construction mitigation shall be implemented if the
qualified professional paleontologist determines that
there is a potential for well-preserved and significant fossil
remains, discovered in the assessment phase, would be
destroyed during initial brush clearing and equipment
move-on. The individual tasks of this program include:
a. Surface prospecting for exposed fossil remains,
generally involving inspection of existing bedrock
outcrops but possibly also excavation of test
trenches;
b. Surface collection of discovered fossil remains,
typically involving simple excavation of the
exposed specimen but possibly also plaster
jacketing of large and/or fragile specimens or
more elaborate quarry excavations of richly
fossiliferous deposits;
c. Recovery of stratigraphic and geologic data fo
provide a context for the recovered fossil remains,
typically including description of lithologies of fossil-
bedring strata, measurement and description of
the overall stratigraphic section, and photographic
documentation of the geologic setting;
d. Laboratory preparation ]cleaning and repair] of
collected fossil remains, generally involving
Ofay Valley Quarry Reclamation Plan Amendment Page 10
Environmental Impact Report (EIR) DRAFT: March 2011; FINAL: June 2011
E~H181T ~ - P~tITIGdtT1UN 9~4NITORING ~1N~3 EFt?RTIl PR~t~~
Miti
atlon M
th
d
f lrmin of Verifica tion R
ibl Com leted
g
Measure No. Mitigation Measure e
o
o
VerRication Pre During Post espons
e
pad, InHiols Dafe Comments
Const. Const. Const.
removal of enclosing rock material, stabilization of
fragile specimens (using glues and other
hardenersj, and repair of broken specimens;
e. Cataloging and identification of prepared fossil
remains, Typically involving scientific identification
of specimens, inventory of specimens, assignment
of catalog numbers, and entry of data into an
inventory database;
f. Transferal, for storage, of cataloged fossil remains
to an accredited institution (museum or universifyj
that maintains paleontological collections
(including the fossil specimens, copies of all field
notes, maps, sirafigraphic sections, and
photographs; and
g. Preparation of a final report summarizing the field
and laboratory methods used, the sirafigraphic
units inspected, the types of fossils recovered, and
the significance of the curated collection.
3. Construction mitigation shall be implemented as part of
reclamation activities, ai the discretion of the qualifed
professional paleoniologisT and in accordance with the
approved mitigation program. The scope and pace of
reclamation will generally dictate the scope and pace of
mitigation. The individual tasks of a construction
mitigation program Typically include:
a. Monitoring of any grading To discover unearthed
fossil remains, generally involving inspection of
ongoing exposures;
b. Salvage of unearthed fossil remains, typically
involving simple excavation of the exposed
specimen but possibly also plaster jacketing of
large and/or fragile specimens, or more elaborate
quarry excavations of richly fossiliferous deposits;
c. Recovery of sirafigraphic and geologic data To
provide a context for the recovered fossil remains,
Typically including description of lithologies of fossil-
bearing strata, measurement and description of
the overall stratigraphic section, and photographic
documentation of the geologic setting;
d. Laboratory preparation (cleaning and repair] of
collected fossil remains, generally involving
removal of enclosing rock material, stabilization of
Ofay Valley Quarry Reclamation Plan Amendment Page 11
Environmental Impact Report (EIR) DRAFT: March 2011; FINAL: June 2011
Exo~€~~or ~ _ ~sri~~,ric~r~ Sutc~r~~~r~~s~~ a~r~ ~PQRTI[~ P~~~:
Mitigation
Measure No.
Mltlgafion Measure Method of
verification Timin
Pre
Const. of Ver'rficafion
During Posi
Const. Const. Responsible
Party Com lefed
InRials Date
Comments
fragile specimens (using glues and other
harderiersl, and repair of broken specimens;
e. Cataloging and identification of prepared fossil
remains, typically involving scientific identification
of specimens, inventory of specimens, assignment
of catalog numbers, and entry of data into an
inventory database;
f. Transferal, for storage, of cataloged fossil remains
to an accredited institution (museum or university)
that maintains paleontological collections,
including the fossil specimens, copies of all field
notes, maps, siratigraphic sections and
photographs; and
g. Preparation of a fnal report summarizing the field and laboratory
methods used, the stratigraphic units inspected, the types of fossils
recovered, and the significance of the curated collection.
Otay Valley Quarry Reclamation Plan Amendment poge 12
Environmental Impact Report (EIR) DRAFT: March 2011; FINAL: June 2011
EXHIBIT 6 - ~13TI~A3l~N C}~I"fOR(t`J~ ~e#~D EP{3i~~& P~{~i~R~
Mitigation
Measure No.
MUlgaflon Measure
Method of
VerRication Tlmin of Verification
Pre During Post
ConsT. Const. ConsT.
Responsible
pom, Com lefed
Initials Date
Comments
HYDROLOGY/D RAINAGE/WATER QUALITY
HYDRO-1 BMPS shall be incorporated info the final plan for reclamation fo be Monitoring by X Applicant
reviewed and approved by the City of Chula Vista and shall include, but the City of
not be limited to, the following: Chula Vista
All construction vehicles shall be adequately maintained and Engineering
equipped to minimize/eliminate fuel spillage. All equipment Division
maintenance work shall occur on-site or within the designated
construction staging area.
Any reclamation materials chat need to be temporarily stockpiled
or equipment/supplies that need to be stored on-site shall be kept
within the construction staging areas and shall be covered when
not in use.
Ofay Valley Quarry Reclamation Plan Amendment Page 13
Environmental Impact Report (EIR) DRAFT: March 2011; FINAL: June 2011
EXHdBIT ~ o ITIGATIC7N /~4~hIITC7RI~G Aht~ EPC}RTIhdG ~RC3~e~~
MkigaTion
Method of Timtn of Verdicatlon
Responsible Com leted
Measure No. MNigation Measure Verification Pre During Post party Initials Daie Comments
Const. ConsT. Consf.
GEOLOGY AND SOILS
GEO-1 Ensure that the uppermost 50 feet of slopes will be cut or filled to a slope Monitoring by X Applicant
angle of l:1 (horizontal fo .verticals fo mitigate shallow failures in the Cify of
weathered rock. Chula Vista
Engineering
Division
Otay Valley Quarry Reclamation Plan Amendment Page 14
Environmental Impact Report (EIR) DRAFT: March 2011; FINAL: June 2011
EXHIBIT ~ ' T~9TiGATIC}E~ ~hllTt)R{d~~~ At~I} R£PC}RT{{+!G ~~t~~R~t~f
MiTigafion Method of Timin of Ver'rficafion Responsible Com lefed
Measure No. Mitigation Measure Ver'rfication Pre During Post pa fi, Initials Date CommenTs
Consf. ConsT. Const.
HAZARDSJRISK OF.UPSET
HAZ-1 All equipment refueling and maintenance shall be restricted fo Monitoring by X Applicant
designated staging areas located away from drainages to avoid the Cify of
inadvertent releases from heavy equipment vehicles or supplies from Chula Vista
entering surface wafer bodies. Additionally, heavy equipment and Engineering
vehicles shall be ins ecfed for leaks on a dail basis. Division
HAZ-2 Retention basins shall be installed in appropriate locations on the project Monitoring by X X Applicant
site to prevent sediment-laden runoff, particularly in areas of exposed the City of
soils located within 10 feet of a drainage feature. Ocher sedimentation Chula Vista
control features may include filter berms, straw base barriers, Pilfer inlets, Engineering
and ve etative swales. Division
HAZ-3 All reclamation staging areas shall include surface runoff reduction Monitoring by X Applicant
measures to contain hazardous materials such as oil, grease, or fuel the City of
products from being diverted off site or toward receiving wafers. Should Chula Vista
heavy equipment be stored overnight, particularly near drainage areas, Engineering
drip plans shall be installed beneath machinery engine blocks and Division
h draulic s stems.
HAZ-4 Spill Prevention Control and Countermeasure Plan shall be prepared Monitoring by X Applicant
and implemented should unanticipated releases of hazardous materials the City of
occur. The plan shall identify all hazardous materials (e.g., fuels, solvents Chula Vista
that would be present on any portion of the construction area and Engineering
project site. Contingency analysis and planning shall be presented fo Division
identify potential spill or accident situations, how to minimize their
occurrence, and how to respond should they occur. The plan shall also
identify spill response materials (e.g., absorbent pads, shovels] to be
kept at the construction site and their locations. All construction
personnel shall receive training regarding the appropriate work
practices necessary fo effectively comply with the applicable
environmental laws and regulations, including without limitation,
hazardous materials s ill revention and res onse measures.
Otay Valley Quarry Reclamation Plan Amendment Page 15
Environmental Impact Report (EIR) DRAFT: March 2011; FINAL: June 2011
EXHIBCT ~ - d~ITiG~TlC)fJ C)hiITC?RIhIG A~B~ REPt°}TI PRC7~R~t~
Mitigation Method
f Timin of Verification R
ibl Com feted
Measure No. MRigation Measure o
Verification Pre During Post espons
e
pom, InNials Dafe Comments
Const. Const. Const.
HAZ-5 As the wafer body fills with water, monitoring and control for vectors Monitoring by X Applicant
shall occur of intervals of every six months, or as described by the local the Cify of
vector control agency. Monitoring activities may cease upon 50 Chula Vista
percent fll completion of the wafer body. Engineering
Division
Otay Valley Quarry Reclamation Plan Amendment Page 16
Environmental Impact Report (EIR) DRAFT: March 2011; FINAL: June 2011
RESOLUTION NO.2011-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE OTAY VALLEY
QUARRY RECLAMATION PLAN AMENDMENT, FOR
THE QUARRY LOCATED AT THE EASTERN TERMINUS
OF MAIN STREET, CHULA VISTA
I. RECITALS
A. Project Site
WHEREAS, the area of land that is the subject of this Resolution is
diagrammatically represented in Exhibit "A" attached to and incorporated into this
Resolution, and for the purpose of general description herein consists of approximately 278
acres of land located at the eastern terminus of Main Street in Chula Vista ("Project Site");
and
B. Project; Application for Discretionary Approvals
WHEREAS, a duly verified application was filed with the City of Chula Vista
Development Services Department on November 2, 2009 by Otay Valley Quarry, LLC, to
amend the previously adopted Otay Ranch Pit Reclamation Plan Amendment (California
Mine Pit #91-37-0035) ("Project" or "Reclamation Plan Amendment") for the Project
Site, in order to perform mining activities within a vested mining rights area; and
WHEREAS, the Reclamation Plan Amendment will supersede provisions and
requirements of all previous reclamation plans and amendments with respect to the
Project Site as shown in Exhibit "A." Notwithstanding the foregoing, reclamation of
portions of the land located within the boundaries of the previously adopted Reclamation
Plan have already been substantially initiated and, therefore, will be reclaimed consistent
with the requirements of the previously adopted Reclamation Plan. Specifically, these
portions are known as the "North Parcel," the "West Parcel," and the "South Parcel;" the
location of these parcels is illustrated in Exhibit "B" attached to and incorporated into this
Resolution; and
C. Prior Discretionary Actions
WHEREAS, the mine was originally located within the jurisdiction of the County
of San Diego ("County") and was annexed into the City of Chula Visa in 1997; and
WHEREAS, in 1980 the County of San Diego formally determined that the site of
the Otay Valley Quarry was a vested legal non-conforming mining operation; and
WHEREAS, on December 16, 2008 the Chula Vista City Council affirmed the
determination by the County of San Diego that the site is a vested legally non-conforming
mining operation, and that surface mining operations include, but are not limited to,
7-29
Resolution No.
Page 2
blasting, excavation, crushing, materials processing, storage and hauling, and the sale and
trucking of rock and construction materials; and
D. Environmental Determination
WHEREAS, the Development Services Director has reviewed the proposed Project
for compliance with the California Environmental Quality Act and has determined that
there is substantial evidence, in light of the whole record before the City of Chula Vista,
that the Project may have a significant effect on the environment; therefore, the City of
Chula Vista has prepared an Environmental Impact Report, EIR-11-O1. The City Council
certified EIIZ-11-O1/ SCH 2010101092 at their meeting of June 14, 2011; and
E. City Council Record of Application
WHEREAS, the City Clerk set the time and place for the hearing on the Project
application and notices of said hearings, together with its purposes given by its publication
in a newspaper of general circulation in the City, and its mailing to property owners within
500 feet of the exterior boundaries of the Project Site at least ten (10) days prior to the
hearing; and
WHEREAS, the duly called and noticed public hearing on the Project was held
before the City Council of the City of Chula Vista on June 14, 2011, in the Council
Chambers in the City Hall, Chula Vista Civic Center, 276 Fourth Avenue, at 4:00 p.m. to
receive public testimony with regard to the Project; and
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Chula
Vista that it finds, determines, and resolves as follows:
II. RECLAMATION PLAN FINDINGS/ APPROVAL
Section 19.69.080(B) provides: Reclamation Plan Approvals. In addition to the findings
required by the City for the conditional use permit, approvals for reclamation plans for
surface mining operations shall include the following findings:
1. That the reclamation plan complies with SMARA Sections 2772 and 2773, and any other
applicable provisions, and with applicable requirements of state regulations (CCR Sections
3500 through 3505, and Sections 3700 through 3713).
The Reclamation Plan Amendment has been prepared in accordance with the requirements of
SMARA found in California Public Resources Code ("PRC") Section 2710 et seq., Title 14
of the California Code of Regulations ("CCR") Section 3500 et seq. and the City's
implementing ordinance. The project is an amendment to the existing adopted Otay Ranch Pit
7-30
Resolution No.
Page 3
Reclamation Plan Amendment (California Mine Pit #91-37-0035). Reclamation of portions
of the land located within the boundaries of the previously adopted Reclamation Plan have
already been substantially initiated and, therefore, will be reclaimed consistent with the
requirements of the previously adopted Reclamation Plan, rather than the requirements of the
proposed Reclamation Plan Amendment.
The Reclamation Plan Amendment is prepared in a format that addresses each Reclamation
Plan requirement found in the Statute (primarily PRC §2772 and §2773) and the standards
that must be met in reclamation implementation, as specified in CCR §3503 and CCR §3700
through CCR §3713. All owners of a possessory interest in the involved land have been
notified of the proposed ultimate use of the land as described in the Reclamation Plan
Amendment. The Reclamation Plan Amendment also contains site specific standards for
evaluating compliance as required by SMARA. Acting as the lead agency under SMARA, the
City also has reviewed the information provided by the applicant in support of the proposed
amount of the financial assurance and has approved both the form and amount of the
financial assurance.
2. ThaC the reclamation plan and potential use of reclaimed land pursuant to the plan are
consistent with this chapter, the City's General Plan and any applicable resource plan or
element.
The Reclamation Plan Amendment is consistent with the requirements of Chapter 19.69 of
the CVMC in that it complies with all of the requirements of SMARA. All engineering plans
and geological analysis also have been approved and signed by a civil engineer and geologist
licensed to practice in the State of California. The Reclamation Plan Amendment provides for
the reclamation of mined land at the earliest possible time consistent with the vested mining
activities of the Quarry and the requirements of Chapter 19.69. A financial assurance estimate
in a form and amount acceptable to the City also has been provided to the City to ensure
implementation of the necessary elements of the amended Reclamation Plan, which include,
but are not limited to, revegetation and landscaping, restoration of habitat, water quality,
slope stability, erosion and drainage control, and disposal of hazardous materials, if any.
The Reclamation Plan Amendment is consistent with the City's General Plan. The City's
General Plan land use designations are intended to be used for "general planning purposes"
and "describe a range of land uses that reflect different General Plan policies related to the
type, location, density, and intensity of development." The land uses shown in the General
Plan are intended to be "broad enough to provide flexibility when implementing the General
Plan." When evaluating the General Plan consistency of the proposed reclamation of the
7-31
Resolution 1Vo.
Page 4
Quarry, it is significant that the General Plan also allows for the clustering of residential units
"onto a reduced land area on a particular site, typically in response to the site's unique
physical characteristics. These characteristics include such items as topography, geology,
biological resources, or other similar constraints." Any clustering allowed by the General
Plan, however, "should not result in housing types inconsistent to the area." The General
Plan also states that "[p]roperty owners who have achieved a vested rights status retain the
ability to develop in accordance with the land use designations in effect at the time of vesting
prior to adoption of this General Plan Update." The City has determined that a vested right to
mine existed prior to the adoption of the update to the General Plan.
The amended Reclamation Plan is situated within the Central District of the Otay Ranch
Subazea ("Subarea"), which is part of the East Area Plan of the General Plan and is
designated for open space, residential, commercial, and light industrial land use. The Subazea
is further divided into four different planning districts and the project site is located within
the planning area that is referred to as Village Four. As discussed below, the proposed uses in
the Reclamation Plan Amendment aze consistent with the mixture of land uses, intensities,
open space, and conservation goals contemplated in the Subarea of the East Area Plan of the
General Plan.
After implementation of the Reclamation Plan, approximately 86 acres of land in what is
referred to as Village 4 of Otay Ranch would remain available for residential development
and 29 acres will remain open space, including the location of the water body. Reclaiming
such land as residential development would be physically impractical and would require that
the vested mining right not be fully utilized as legally allowed. Assuming a density range of
3-6 dwelling units (as called out on the General Plan Land Use Map) to the acre as is required
for Low-Medium Residential, approximately 258 to 519 residential units could be developed
on 86 acres within Village 4.
The constraints associated with the vested mining right and the ultimate topography of the
project site support the clustering of residential units on the 86 acres with the remaining 29
acres designated as open space. The General Plan advocates the concept of residential
clustering in response to a project site's unique physical constraints and characteristics, or in
order to provide additional amenities for project residents, such as creating open space. The
proposed Reclamation Plan Amendment does not preclude the Subarea from realizing its
residential housing unit projections and does not result in any net loss of residential units at
the appropriate density range for the Subarea. In addition, clustering reflects the project's
unique physical characteristics and constraints due to reclamation activities resulting from the
property owner's vested rights and will provide additional open space amenities for the
community.
7-32
Resolution No.
Page 5
The Reclamation Plan Amendment also is consistent with the provisions of the City's MSCP
Subarea Plan, Chula Vista Greenbelt Master Plan, and Otay Valley Regional Park Concept
Plan. The boundary of the Quarry does not impact any of the areas designated for
preservation in the MSCP and, therefore, does not prevent the preservation of the necessary
core biological resource areas and associated habitat linkages as required by the MSCP
Subregional Plan. In addition, although the proposed water body and adjacent open space
areas will be fenced for safety purposes, they will nonetheless provide meaningful habitat
after reclamation for a number of species, including birds and smaller mammals. Since the
proposed use after implementation of the Reclamation Plan Amendment is a water body and
open space, the Reclamation Plan Amendment also is consistent with the General Plan Area
Open Space Map and the Chula Vista Greenbelt Master Plan. None of the trails or greenbelt
systems contemplated by the Greenbelt Master Plan will be precluded by the Reclamation
Plan Amendment. The Reclamation Plan Amendment actually improves compliance with the
General Plan's Natural Systems Open Space Map by adding acreage designated as developed
land to the open space system shown on the Open Space Map. The proposed habitat
restoration and water body features of the Reclamation Plan Amendment also are consistent
with the ultimate goals of the Otay Valley Regional Park Concept Plan which call for the
protection of environmentally sensitive areas.
The Otay Ranch Resource Management Plan ("RMP") is intended to serve as a
comprehensive planning document that addresses the preservation and management of
sensitive resources in the Otay Ranch. Reclamation consistent with the Reclamation Plan
Amendment will not reduce the overall size of the preserve and will provide conservation of
sensitive resources that is consistent with that described in the RMP. In fact, implementation
of the Reclamation Plan Amendment will add additional open space to the overall open space
system described in the RMP, including permanently eliminating residential development
within Restricted Development Areas and replacing it with open space uses. The
Reclamation Plan Amendment also demonstrates compliance with the edge effects standards
of the RMP (such as dust control and noise requirements) during the construction phase of
the reclamation activities, and serves as the edge plan for the Quarry under the RMP.
3. That the reclamation plan has been reviewed pursuant to CEQA and the City's
environmental review guidelines, and all significant adverse impacts from reclamation of the
surface mining operations are mitigated to the maximum extent feasible as determined the
CEQA document either through adoption of mitigation measures or a statement of overriding
considerations.
As required by CEQA, the City has determined that implementation of the Reclamation Plan
Amendment may have a significant impact on the environment. As a result, the City has
prepared the Otay Valley Quarry Reclamation Plan Amendment Environmental Impact
Report (EIR-11-O1/SCH No. 2010101092) ("EIR") in accordance with CEQA and the City's
7-33
Resolution No.
Page 6
environmental review guidelines. The EIR identifies the potentially significant effects of the
Reclamation Plan Amendment's implementation on the environment, alternatives to the
Reclamation Plan Amendment, and indicates that all potentially significant effects can be
avoided or mitigated to a level of insignificance with implementation of the identified
mitigation measures.
4. That the land and/or resources to be reclaimed will be restored to a condition that is
compatible with, and blends in with, Che existing surrounding natural environment,
topography, and other resources or land uses. If the City determines that on-site restoration
is not feasible, suitable off-site lands may be set aside to compensate for related disturbance
to resource values.
The topographic and revegetation efforts required by the Reclamation Plan Amendment
create a harmonious, integrated and attractive landscape that recognizes the past quarrying
use without overly emphasizing the past use, blends its perimeter into the surrounding natural
areas, and identifies specific sites for Village Four and other developed uses, consistent with
the General Plan. From a visual quality perspective, the Reclamation Plan Amendment
blends both the texture and landform shapes with the color of the native landscape and rock
formations to integrate the Quarry into the natural landscape. Vegetation will support this
integration and is enhanced beyond the minimum required for revegetation.
S. That the reclamation plan will restore the mined lands to a usable condition that is
readily adaptable for alternative land uses consistent with the general plan and multiple
species conservation program (MSCP).
The analysis for Finding B.2 above addresses the Plan's consistency with the General Plan
and the City's MSCP Subarea Plan.
6. That a written response to the State Department of Conservation has been prepared,
describing the disposition of major issues raised by that Department. Where the city's
position is at variance with the recommendations and objections raised by the state, said
response shall address, in detail, why specific comments and suggestions were not accepted
The Office of Mine Reclamation ("OMR") of the State Department of Conservation
submitted a comment letter to the City dated December 23, 2011. In the letter, OMR raised
several issues and/or questions concerning the Plan. On May 11, 2011, the City responded to
OMR's December 23, 2011 letter and accepted many of the recommendations advanced by
OMR, provided additional data and information that responded adequately to OMR's
questions, and proposed an adaptive management strategy to verify conclusions in the
Reclamation Plan Amendment concerning groundwater conditions and reliance on
groundwater to create the contemplated water body.
7-34
Resolution No.
Page 7
III. APPROVAL OF OTAY VALLEY QUARRY RECLAMATION PLAN AMENDMENT
Based on the findings above, the City Council approves the Otay Valley Reclamation Plan
Amendment, dated June 2011, which will supersede provisions and requirements of all
previous reclamation plans and amendments with respect to the Project Site as shown in
Exhibit A and subject to the conditions set forth below:
1. The Project shall comply with all mitigation measures specified in FEIR-11-O1, to the
satisfaction of the Development Services Director.
2. The applicant and all successors in interest shall fully comply with all requirements and
provisions, of the Otay Valley Reclamation Plan Amendment, dated June 2011, including
any design features identified in the FEIR-11-O1,
3. Owner shall comply with the conditions of approval as set forth in a letter dated
September 10, 2010, of that certain Otay Quarry MSCP Boundary Adjustment (Case
Number PCM-10-14) approved by the City, and attached and incorporated by reference to
the Reclamation Plan Amendment.
IV. APROVAL OF AMENDMENTS AND ADDENDUMS TO ASSOCIATED
REGULATORY DOCUMENTS.
The City Council approves the Otay Valley Quarry Reclamation Plan Amendment, dated
June 2011.
V. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the forgoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, and any of such conditions fail to be so
implemented and maintained according their terms, the City shall have the right to revoke
or modify all approvals herein granted, deny or further condition the Reclamation Plan
Amendment under the authority of approvals herein granted, instituted and prosecute
litigate or compel their compliance or seek damages for their violations after first notifying
Owner in writing of the failure to implement or maintain the conditions and providing
Owner a reasonable period of time in which to cure any such failure to implement or
maintain the involved conditions.
VI. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon
the enforceability of Conditions 1, 2, and 3 as set forth in Section III above and the
documents referenced therein. In the event that any one or more of such Conditions or
documents referenced therein are determined by the Court of competent jurisdiction to be
7-35
Resolution No.
Page 8
invalid, illegal or unenforceable, if the City so determines in its sole discretion, this
Resolution shall be deemed revoked and no further in force or in effect ab initip.
Presented by
as
Gary Halbert PE/AICP ~l~n R. Goog
Assistant City Manager/Director of Ci Attorney
Development Services
7-36
Legend
---- Ownership Boundary (388 Ac.)
Quarry Boundary (278.5 Ac.)
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n, <'v~~ Area to be Reclaimed Pursuant to Reclamation Plan
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DATE: June 3, zotf EXHIBIT A
'.
,~ -...,r-•_.. ~ r _
Feet
900
Legend
---- Ownership Boundary (388 Ac.)
Quarry Boundary (278.5 Ac.)
® Reclamation Areas Pursuant to 2006 Otay Ranch
Pit Reclamation Plan (39 AC.)
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v "^<v Amendment
'.. _~~~~~~~~~~~'.. Limits of MSCP Preserve
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Revegetation Pursuant to 2010 Boundary
Ad~ustment 9.3 Ac.
DATE: June 3, zofl EXHIBIT B
Vet 1~~, -N Q~'Y]
T+~.
~;r~ Memorandum
CHUTA VISfA
/'ti~o. ~
Development Services Department
TO: City Council of the City Of Chula Vista
FROM: Steve Power AICP, Principal Planner ~~
SUBJECT: Otay Valley Quarry Reclamation Plan Amendment Correction Pages
DATE: June 14, 2011
Honorable Mayor and Council Members:
Attached for your review and consideration are minor correction pages submitted for the Otay Valley
Quarry Reclamation Plan Amendment. The corrections are technical in nature and do not affect any
of the conclusions or recommendations contained within the document. The minor corrections have
been made in response to state input on the Reclamation Plan Amendment, and will be incorporated
into the document once approved.
WATER VERIFICATION PLAN
OTAY VALLEY QUARRY RECLAMATION PLAN
Chula Vista, California
Prepared (or:
Otay Valley Quarry, LLC
601 East Palomar Street, Suite C354
Chula Vista, CA 9191 I
Prepared by:
DUDEK
605 Third Street
Encinitas, California 9
~ Nlcole
d peacock •
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Nicole Peacock, PG
Senior Engineer/Geologist
APRIL 2011
Otay Valley Quarry Water Verification Plan
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D U D E K i Apri12011
Otay Valley Quarry Water Verification Plan
TABLE OF CONTENTS
Section Page No.
1.0 INTRODUCTION ..............................................................................................................1
2.0 SITE DESCRIPTION ........................................................................................................1
3.0 ENVIRONMENTAL SETTING ......................................................................................1
3.1 Geologic Conditions ...............................................................................................1
3.2 Surface Water and Climate Conditions ................................................................... 2
3.3 Groundwater Conditions ......................................................................................... 2
3.3.1 On-site Exploration Well/Borings .............................................................. 2
3.3.2 Adjacent Water Supply Well ...................................................................... 3
4 PROJECT ORGANIZATION AND RESPONSIBILITY .............................................4
4.1 Project/QA Manager Responsibilities ..................................................................... 4
4.2 Field Team Responsibilities .................................................................................... 5
5 SCOPE OF WORK ...........................................................................................................5
5.1 Commencement of Monitoring Requirements ........................................................ 5
5.2 Water Level Measurement ...................................................................................... 5
5.3 Water Production Recording ................................................................................... 6
5.4 Process Water Use .................................................................................................. 6
5.5 Site Inspection ......................................................................................................... 6
5.6 Discussion of Precipitation ..................................................................................... 7
6 REPORTING .....................................................................................................................7
7 UPDATES ...........................................................................................................................8
8 REFERENCES ...................................................................................................................8
LIST OF FIGURES
FIGURE 1 REGIONAL LOCATION MAP
FIGURE 2 SITE LOCATION MAP
APPENDICES
APPENDIX A WELL/BORING INFORMATION
APPENDIX B FIELD FORMS
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Otay Valley Quarry Water Verification Plan
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Otay Valley Quarry Water Verification Plan
1.0 INTRODUCTION
This Water Verification Plan (WVP) has been prepared to verify the presence and quantity of
groundwater and surface water that enters into the proposed expansion of the Otay Valley
Quarry, referred herein as the "quarry." The intent of the monitoring is to verify the general
conditions predicted in the 2011 Reclamation Plan and associated Hydrogeology Study as the
mine progresses. The verification plan includes monitoring water levels and extraction volumes
to note the presence of water in the pit and to estimate the flow rate of water into the quarry as
the quarry progresses. The monitoring will occur on a quarterly basis, with quarterly downloads
of data logging meters recording pumping and water use and quarterly measurements of water
elevation in the pit. The data review will include quarterly quality control review, annual data
compilation and evaluation, and reporting to the City of Chula Vista every tive years. The
monitoring will begin with commencement of Phase IV of quarry operations, or in the year 2050,
whichever comes first. Phase IV of quarry operations is expected to begin approximately
halfway through the estimated life of the quarry.
This WVP is intended to verity prior studies and analysis of groundwater and surface water
conditions, and does not limit or constrain quarry operations or reclamation activities.
2.0 SITE DESCRIPTION
Otay Valley Quarry is located within the City of Chula Vista in the southwestern portion of San
Diego County, California (see Figure I, Regional Location, and Figure 2, Site Location).
Otay Valley Quarry, LLC (Owner) owns and Vulcan Materials Company (Operator) operates the
Otay Valley Quarry. The Operator intends to expand existing operations under its vested right to
the north and east, which would include most of Rock Mountain. Additionally, plans are to
expand the mine to a depth of approximately 300 feet below mean sea level (MSL).
The proposed Otay Valley Quarry Reclamation Plan was submitted to the City of Chula Vista in
December 2010 and the Department of Conservation Office of Mine Reclamation (OMR) in
January 2011.
3.0 ENVIRONMENTAL SETTING
3.1 Geologic Conditions
The quarry is situated on Rock Mountain, an outcrop of the Jurassic age Santiago Peak
Volcanics. The Santiago Peak Volcanics are found at the western edge of the Peninsular Ranges
Ba[holith, and comprise unmetamorphosed to slightly metamorphosed volcanic and
volcaniclastic rocks (Kennedy and Peterson, 1975). Rock mountain is a basement high that is
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Otay Valley Quarry Water Verification Plan
unconformably overlain to both the east and west by the sofrer Eocene age Mission Valley
Formation, a marine, lagoonal and non-marine sandstone (Kennedy and Moore, 1971; Walsh and
Demere, 1991 ). The Mission Valley Formation is itself overlain by the Eocene age Sweetwater
Formation, comprising a series of stacked, fining upward sequences with arkosic sandstone basal
units (Walsh and Demere, 1991). Overlying the Sweetwater Formation is the Otay Formation, an
Oligocene age formation comprising a conglomerate, gritstone, and sandstone member (Walsh
and Demere, 1991).
[n the proposed quarry expansion area, extensive fracturing is visible in aerial photographs of the
site. Several of these fracture zones are sufficiently extensive to form north-northwest trending
zones that affect erosion and surface topography. Additionally, fracture surfaces are currently
visible on the existing quarry slopes.
3.2 Surface Water and Climate Conditions
The primary bodies of surface water in the vicinity of the quarry are the Upper and Lower Otay
Reservoirs, located approximately four miles east of the quarry, and the Otay River, which runs
along the southern boundary of the quarry. Water is generally not released from the reservoirs to
the river bed except in years of high precipitation (pers. com. Nelson Manville, Lakes Program
Supervisor, Otay Reservoir). Therefore, surface water flow in the Otay River is intermittent,
occurring in association with local precipitation and without a baseflow component.
Within the quarry itself, surface water has ponded on the quarry floor at a current elevation of
approximately 177 ft MSL. While the size of the pond varies, water is present at the pond
throughout the year, and likely reflects the elevation of groundwater within the upper zone of the
rock. Zones of localized perched groundwater have been observed at an elevation of 200 ft MSL
at the Otay Annex Sanitary Landfill, approximately 1 mile west of the quarry.
The climate of San Diego County is characterized by warm, dry summers and mild, wet winters.
The average rainfall is about 10-13 inches per year, most of which falls between November and
February. The average mean temperature for the area is approximately 65 degrees in the coastal
zone and 57 degrees in the surrounding foothills (San Diego RWQCB Basin Plan).
3.3 Groundwater Conditions
3.3.1 On-site Exploration Well/Borings
An exploration boring was drilled at the quarry to a total depth of 800 ft below ground surface
(bgs) in 2009 (Appendix A). The surface elevation of the boring was 285 ft MSL and the first
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Otay Valley Quarry Water Verification Plan
water was encountered at 160 ft bgs, or at an elevation of 125 ft MSL (Appendix A). This
elevation is deeper than the elevation of the ponded water observed on the quarry floor (177 ft
MSL). The primary groundwater producing fracture in the boring was encountered at 377 ft bgs
or -92 ft MSL. No further water entries to the borehole were encountered between -92 ft MSL
and the base of the well. A static water level of 120 feet (165 feet MSL) and a flow rate of
approximately 1.5 gallons per minute (gpm) were measured in the 2009 exploration well
(Appendix A).
Several exploration borings were drilled at the quarry and in the expansion area in 2010 in order
to determine rock quality at the site (Appendix A). The total depth of the borings ranged from
160 to 819 feet below ground surface. Depth to water was measured in 5 of the 10 borings. It
does not appear that depth to water was measured in the other 5 borings.
The water level was measured immediately following drilling in 3 of the borings (OV-10-04, -
O5, -07), with no time allowed for the water level to equilibrate (Pers. com. Kato 2011). The
water level was tagged at an elevation of approximately -236 ft MSL, 84 ft MSL, and -106 ft
MSL, respectively. The total depth of these borings were approximately 817 ft (-333 ft MSL),
819 ft (-229 ft MSL), and 800 ft (-156 ft MSL).
The water level was measured at least 16 hours after drilling in 2 of the borings (OV-10-08 and -
09; Pers. com. Kato 2011). The water level in these borings was tagged at elevations of
approximately -124 and -130 ft MSL. The total depth of these borings were 320 ft (-134 ft MSL)
and 358 ft (-136 ft MSL), respectively.
Additionally, during drilling of OV-10-10, located in the expansion area, awater-bearing
fracture zone was encountered at 185 ft (210 ft MSL), which produced approximately 2 gpm.
The boring logs (Appendix A) did not provide additional information on the presence or extent
ofwater-bearing fractures located deeper in this boring.
These on-site data were collected by different companies and for purposes other than a
hydrogeology study. It is difficult to compare the on-site water levels presented above as they
were measured at different locations, at different times, using different and often undocumented
measurement procedures, and the measurements were collected from borings that varied in total
depth.
3.3.2 Adjacent Water Supply Well
A water supply well used by the Quarry for material washing and backup supply is located south
of the quarry, at the south side of Otay River. This well is equipped with a submersible pump,
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Otay Valley Quarry Water Verification Plan
and supplies water to the quarry via a pipeline across the river. During a site visit on December
I, 2010, the well was operating, so a static water level measurement could not be made.
Based on general usage information provided by Mark Gomes, Former Operations Manager, the
well is capable of producing at least 50 gpm. Maximum reported usage is to fill twelve 3000
gallon water truck loads over a 12 hour period. Total depth and construction details for the well
are unknown.
4 PROJECT ORGANIZATION AND RESPONSIBILITY
The key individual responsible for quality assurance (QA) for this water verification plan is the
Project/QA Manager, who shall be registered as a Professional Geologist by the State of
California. The Project/QA Manager is responsible for ensuring that valid data specified in this
plan are obtained and for assessing measurement data for precision, accuracy, and completeness
on a routine basis. The QA manager will also review all required data reports for accuracy and
completeness prior to distribution. The field team can include consultants or on-site workers
who are trained to properly conduct the field measurements and are familiar with the contents of
this WVP.
4.1 Project/QA Manager Responsibilities
The Project/QA Manager is responsible for general project supervision to ensure that all field
activities meet project objectives. The Project/ QA Manager will:
• Act as liaison with the site representatives;
• Specify monitoring and measurement strategies;
• Conduct annual site inspection;
• Ensure that procedures specified in this WVP are implemented;
• Generate standard field data forms to guide crews during data acquisition;
• Initiate corrective action for any deficiencies identified in field activities;
• Evaluate data and suggest management strategies;
• Review, sign, and stamp reports.
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Otay Valley Quarry Water Verification Plan
4.2 Field Team Responsibilities
• Coordinate with the site representatives;
• Review the WVP, field methods and procedures, and other field forms on a yearly
basis;
• Follow procedures in the WVP;
• Have a copy of the W V P on-site during monitoring;
• Consult with Project/QA Manager when conditions require deviation from the
approved WVP.
5 SCOPE OF WORK
Otay Valley Quarry is currently operating. Mining operations are planned to continue until
approximately 2090. The scope of work proposed herein includes monitoring of water levels in
the pond in the quarry, recording of water production volumes for water pumped from the pond,
recording of process water use, and site inspection to observe and document site conditions,
including seepage into the quarry. Data will be compiled and evaluated annually, and a report
documenting the above tasks will be prepared and submitted to the project owner and the City of
Chula Vista every five years beginning with commencement of Phase IV of quarry operations or
by the year 2050, whichever comes first.
5.1 Commencement of Monitoring Requirements
Monitoring requirements set forth herein become effective upon Operator's commencement of
Phase IV of quarry operations, as shown in Figure 12 of the 2011 Reclamation Plan, or the year
2050, whichever comes first. Phase IV is the point at which mining is close to reaching its
deepest elevation and the final configuration and is estimated to occur approximately half way
through the estimated life of the quarry.
5.2 Water Level Measurement
The water elevation of the pond in the quarry pit shall be measured quarterly using global
positioning system (GPS) equipment (or similar equipment) capable of accuracy of
approximately 0.10 foot. Currently, equipment such as a real-time kinematic (RTK) GPS system
will achieve this accuracy.
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Otay Valley Quarry Water Verification Plan
A field form is provided in Appendix B for the field team to record water surface elevation,
instrumentation used, date, weather, and observations on changes to the pond and quarry as
mining progresses.
On an annual basis, the depth and area of water standing in the quarry pit shall be estimated
based on surveys conducted at the mine.
5.3 Water Production Recording
Water production rates for water pumped from the pit of the quarry shall be recorded using a
flow totalizer with data recording capability. The data from the totalizer will be downloaded on
a quarterly basis. Additionally, notes of water production rates will be manually recorded on a
quarterly basis. The production rates shall be recorded from a flow totalizer capable of reading
instantaneous and total flow. A field form is provided in Appendix B for on-site staff to record
instantaneous and total flow. Additionally, field observations documenting operation and
maintenance, pumping duration, observed seepage, and weather conditions shall be included on
the field form. The flow totalizer shall be re-calibrated on the schedule recommended by the
manufacturer and a record of the re-calibration or manual verification of flow shall be included
in the annual report. Data will be reviewed on a quarterly basis and entered into an excel
spreadsheet. Any anomalies with the data will be addressed on a quarterly basis in order to
ensure quality control (QC).
5.4 Process Water Use
Process water use at the quarry currently includes washing activities and dust control. Current
sources of process water are water from the quarry pond and water from an off-site well. The
import of water into the quarry and the on-site process water use should be considered when
quantifying the inflow of water into the quarry pond during operation. Therefore, process water
use will be evaluated along with water levels and pumping.
Process water use will recorded using flow totalizers with data recording capability. The flow
meters will be placed on every water source used for process water (water from the pond used
for dust control, water from the off-site well used for the washing station, etc.). The flow rates
and totalizer data will be downloaded on a quarterly basis. Additionally, notes of process water
use will be manually recorded on a quarterly basis. A field form is provided in Appendix B for
on-site staff to record necessary information.
5.5 Site Inspection
In addition to the above activities, an annual inspection shall be conducted by the field team or
Project/QA Manager to monitor any potential visible seepage into the quarry pit, identify the
6461-3
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Otay Valley Quarry Water Verification Plan
presence of water in the pit, and document operations that may affect the calculation of recharge
to the pit (e.g. any process water return flow to the pit). Photographs of the seeps, surface water
bodies, and process water areas should be taken and included in the site inspection
documentation. A site inspection form will be completed annually and included in the report
submitted every five years.
5.6 Discussion of Precipitation
The five year reports will include a comparison of precipitation to the measured water levels and
pumping. Monthly precipitation will either be measured on-site or at a near-by station, such as
Brown Field, which is located approximately 1.25 miles south of the quarry.
6 REPORTING
Every five years following the start of verification monitoring (as discussed in Section 5.1), the
compiled data will be evaluated and presented in a report to the City of Chula Vista. The report
will include tabulated water level elevation data and pumping data and graphs of water level
elevation and pumping over time. The report will also include a copy of the field forms. The
text of the report will discuss the data collection methods and any issues encountered during data
collection, as well as deviations from this WVP. The report will also include a comparison of
precipitation data to the measured water levels and pumping. The report will also discuss
process water and seepage observed at the quarry. The report will include an estimate of overall
flow rate of water into the quarry.
In approximately 60-70 years (after the mining is close to reaching its deepest elevation and the
final configuration), the report will include an assessment of the Reclamation Plan based on the
data collected. Based on results of evaluation, the report will conclude that either:
A) The rate of water infiltration will be equal to or greater than the range provided in the
Reclamation Plan and, therefore, the formation of the water body will likely be
comparable to what is described in the Reclamation Plan and no modification to the
Reclamation Plan will be necessary; or
B) The rate of water infiltration will not exceed the rate of evaporation and the formation of
the water body will not occur, in which case the Reclamation Plan shall be amended at
that time to provide for revegetation of the area where the water body was intended to
form.
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Otay Valley Quarry Water Verification Plan
7 UPDATES
This WVP shall be evaluated and updated, as necessary, every 10 years following
commencement of water verification activities.
8 REFERENCES
Kato, Curt 201 I. Personal communication. Telephone communication with Curt Kato, Vulcan
Materials. April 28.
Kennedy, M.P., and Peterson, G.L., 1975, Geology of the eastern San Diego metropolitan area,
California: California Division of Mines and Geology Bulletin 200, p. 43-56.
Kennedy, M.P., and Moore, G.W., 1971, Stratigraphic relations of Upper Cretaceous and Eocene
Formations, San Diego coastal area, California: Amer. Assoc. Petroleum Geologists Bull., v. 55,
p. 709-722.
Manville, Nelson 2010. Personal communication. E-mail communication with Nelson
Manville, Lakes Program Supervisor, Otay Reservoir. January 13.
San Diego Regional Water Quality Control Board (RWQCB), with adopted amendments 201 I.
Water Quality Control Plan for the San Diego Basin (Basin Plan).
htto://wwwswrcb.ca eov/rwgcb9/water issues/proerams/basin plan/index shtml
Walsh, S.L, and Demere, T.A., 1991, Age and Stratigraphy of the Sweetwater and Otay
Formations, San Diego County, CA, in "Eocene Geologic History ,San Diego Region" Pacific
Section SEPM, v. 68 p. 131-148, Abbott, P.L and May, J.A., eds
64613
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Revised Hydrogeology Study
for
Otay Valley Rock Quarry Reclamation Plan
2041 Heritage Road, Chula Vista, CA 9191 I
Prepared by: ~ V ~ E K
605 Third Street
Encinitas, CA 92024
Nicole ^'
Peacock
• No. 8553
~'"~ fW ~d~lu ~?~
/' ~ ~
Nicole Peacock, PG
Senior Engineer/Geologist
April 29, 201 I
Annual Inspection Date:
Otay Quarry
Otay Valley Quarry
Annual Inspection Notes
1) Date and Time:
2) Inspector:
3) Is a water body present in the pit?
4) Describe the water body (general location, GPS coordinates and location of measurement
(eg. north side, east side, etc.), approximate size, and approximate depth). If there is
more than one water body, describe each.
Page 1 of 4
Annual Inspection Date:
Otay Quarry
5) Describe water use in the quarry (eg. dust control, wash water). What is Che source of the
process water? is process water ponded at the area of use? Include the GPS coordinates
of the ponded process water, if any. Does any process water flow into the quarry bottom
water body?
Page 2 of 4
Annual Inspection Date:
Otay Quarry
6) Are seeps visible? Describe the seeps as follows:
Seep Location Description Approximate Survey Coordinates Photo #
ID Height (if accessible)
Seep [D Describe Seep (flowing Approximate Flow Description of Geology at
water/moist ground, etc) Rate (measurement the location of the seep
method)
Page 3 of 4
Annuallnspection Date:
Otay Quarry
7) Comments:
Page 4 of 4