Preview
EXHIBIT 3
EXHIBIT C
FINAL
Mitigation Monitoring & Reporting Plan (MMRP)
SOLARI SAND AND GRAVEL PROJECT
Granite Construction (PP10206)
Conditional Use Permit No. 4, Map 210R
Final Approval Date/Hearing Body: September 22, 2016 by the Kern County Planning Commission.
EXHIBIT C
Mitigation Monitoring Program For Solari Sand and Gravel Project Draft EIR
Time Frame for Responsible Monitoring
Impact Mitigation Measure Date Initials
Implementation Agency
4.1 Aesthetics
#1 MM 4.1-1. To the greatest extent feasible, upon completion of mining Upon completion of each Kern County Public Works
activities associated with each phase of the proposed project, mining phase Department
revegetation shall occur in accordance with the approved Reclamation Steps to Compliance:
Plan. Revegetation shall be implemented to the greatest extent feasible
A. The proponent shall ensure revegetation activities occur in accordance with
on portions of the project site that will not be subject to further ground
the approved Reclamation Plan.
disturbance.
B. Kern County Public Works Department will field verify, during the course of
reclamation activities.
#2 MM 4.1-2. To the greatest extent possible, upon completion of mining Upon completion of each Kern County Public Works
activities associated with each phase of the proposed project, the project mining phase Department
shall comply with all equipment removal, in accordance with the
approved Reclamation Plan, to the greatest extent possible for all mined Steps to Compliance:
lands that would not be subject to further disturbance. A. The proponent shall continuously comply with all equipment removal and
revegetation activities, in accordance with the approved Reclamation Plan.
B. Kern County Public Works Department will field verify, during reclamation
activities.
#3 MM 4.1-3. Prior to the issuance of building or grading permits, the Prior to issuing building Kern County Public Works
project proponent shall submit documentation of the following: and grading permits Department and Planning and
Natural Resources Department
1. An Outdoor Lighting Plan shall be submitted to the Kern County
Public Works Department for review and approval in accordance Steps to Compliance:
with Chapter 19.81 (Outdoor Lighting “Dark Skies Ordinance”) of A. The project proponent shall prepare an Outdoor Lighting Plan and shall submit the
the Zoning Ordinance. When needed for safety purposes, project plan for review and approval by the Kern County Public Works Department.
facility lighting shall be designed to provide the minimum B. A copy of the approved Outdoor Lighting Plan shall be submitted by the project
illumination needed to achieve Federally-required safety and proponent to the Kern County Planning and Natural Resources Department, upon
security objectives. A copy of the approved Outdoor Lighting Plan issuance
shall be submitted by the project proponent to the Kern County C. Kern County Planning and Natural Resources Department shall receive, approve,
Planning and Natural Resources Department, upon issuance. and file the Outdoor Lighting Plan prior to issuing building and grading permits.
Justification: Changes or alterations to the project have been required to substantially reduce the potentially significant environmental effects identified in the Draft EIR
to the extent feasible.
Solari Sand and Gravel Project Page 1 of 27 FINAL Mitigation Measure Monitoring Program
Planning Commission – September 22, 2016
EXHIBIT C
Mitigation Monitoring Program For Solari Sand and Gravel Project Draft EIR
Time Frame for Responsible Monitoring
Impact Mitigation Measure Date Initials
Implementation Agency
Solari Sand and Gravel Project Page 2 of 27 FINAL Mitigation Measure Monitoring Program
Planning Commission – September 22, 2016
EXHIBIT C
Mitigation Monitoring Program For Solari Sand and Gravel Project Draft EIR
Time Frame for Responsible Monitoring
Impact Mitigation Measure Date Initials
Implementation Agency
4.2 Agriculture
#4 MM 4.2-1. Prior to commencement of mining, grading or construction Prior to commencement of Kern County Planning and Natural
activities as authorized by this approval, on those portions of the project mining, grading or Resources Department
site subject to a Williamson Act Contract, the project proponent shall construction activities
obtain either: Steps to Compliance:
1. Approval from the Kern County Board of Supervisors of a A. The proponent shall obtain either approval from the Kern County Board of
determination of compatibility for the proposed use of the site in Supervisors of a determination of compatibility for the proposed use of the site in
accordance with Section 51238.1 of the California Government accordance with Section 51238.1 of the California Government Code; or,
Code; or, Approval of a contract cancellation for the affected portion of the project site.
2. Approval of a contract cancellation for the affected portion of the B. The proponent shall submit evidence of compliance to Kern County Planning and
project site. Natural Resources Department.
Justification: Changes or alterations to the project have been required to substantially reduce the potentially significant environmental effects identified in the Draft EIR
to the extent feasible.
Solari Sand and Gravel Project Page 3 of 27 FINAL Mitigation Measure Monitoring Program
Planning Commission – September 22, 2016
EXHIBIT C
Mitigation Monitoring Program For Solari Sand and Gravel Project Draft EIR
Time Frame for Responsible Monitoring
Impact Mitigation Measure Date Initials
Implementation Agency
4.3 Air Quality
#5 MM 4.3-1. During construction of the proposed project, the project shall During construction of the Kern County Planning and Natural
comply with all applicable plans and regulations established by the San project Resources Department; Kern
Joaquin Valley Air Pollution Control District; including but not limited County Public Works Department
to, implementation of the following: Steps to Compliance:
1. All disturbed areas, including storage piles, which are not being A. The proponent shall take the specified steps to reduce fugitive dust emissions
actively utilized for construction purposes, shall be effectively during construction.
stabilized of dust emissions using water, chemical B. The proponent shall submit evidence of compliance to Kern County Planning and
stabilizer/suppressant, covered with a tarp or other suitable cover or Natural Resources Department.
vegetative ground cover. C. Kern County Public Works Department will field verify, during construction.
2. All on-site unpaved roads and off-site unpaved access roads shall be
effectively stabilized of dust emissions using water or chemical
stabilizer/suppressant.
3. All land clearing, grubbing, scraping, excavation, land leveling,
grading, cut and fill, and demolition activities shall be effectively
controlled of fugitive dust emissions utilizing application of water or
by presoaking.
4. When materials are transported off-site, all material shall be covered,
or effectively wetted to limit visible dust emissions, and at least 6
inches of freeboard space from the top of the container shall be
maintained.
5. All operations shall limit or expeditiously remove the accumulation
of mud or dirt from adjacent public streets within 500 feet from the
entry of the project site at the end of each workday. (The use of dry
rotary brushes is expressly prohibited except where preceded or
accompanied by sufficient wetting to limit the visible dust
emissions.) (Use of blower devices is expressly forbidden.)
6. Following the addition of materials to, or the removal of materials
from, the surface of outdoor storage piles, said piles shall be
effectively stabilized of fugitive dust emissions utilizing sufficient
water or chemical stabilizer/suppressant.
7. Trackout shall be removed when it extends 50 or more feet from the
site and at the end of each workday.
8. Should the project result in either 150 or more vehicle trips per day,
or 20 or more vehicle trips per day by vehicles with three or more
axles, measures to prevent carryout and trackout shall be
Solari Sand and Gravel Project Page 4 of 27 FINAL Mitigation Measure Monitoring Program
Planning Commission – September 22, 2016
EXHIBIT C
Mitigation Monitoring Program For Solari Sand and Gravel Project Draft EIR
Time Frame for Responsible Monitoring
Impact Mitigation Measure Date Initials
Implementation Agency
implemented.
#6 MM 4.3-2. During mining operations and prior to the commencement of During mining operations Kern County Planning and Natural
a new mining phase or ground disturbance in previously undisturbed and prior to the Resources Department; Kern
areas of the project site, the project shall comply with all applicable plans commencement of a new County Public Works Department
mining phase or ground
and regulations established by the San Joaquin Valley Air Pollution
disturbance
Control District, including but not limited to, implementation of the
following: Steps to Compliance:
A. The proponent shall take the specified steps to reduce fugitive dust emissions
1. All new land clearing, grubbing, scraping cut and fill, and
during operation.
demolition activities shall be effectively controlled of fugitive dust
emissions utilizing application of water or by presoaking. B. The proponent shall submit evidence of compliance to Kern County Planning and
Natural Resources Department.
2. All disturbed areas, including storage piles, which are not being
actively utilized for construction purposes, shall be effectively C. Kern County Public Works Department will field verify, during construction.
stabilized of dust emissions using water, chemical
stabilizer/suppressant, covered with a tarp or other suitable cover or
vegetation ground cover.
3. All on-site unpaved roads and off-site unpaved access roads shall be
effectively stabilized of dust emissions using water or chemical
stabilizer/suppressant.
4. Limit traffic speeds on unpaved roads to 15 miles per hour.
#7 MM 4.3-3. During construction of the proposed project, the following During construction of the Kern County Planning and Natural
measures shall be implemented through consultation with the San project Resources Department; Kern
Joaquin Valley Air Pollution Control District pursuant to the San Joaquin County Public Works Department
Valley Air Pollution Control District’s Guide for Assessing and Steps to Compliance:
Mitigating Air Quality Impacts’ Construction Equipment Mitigation A. The proponent shall implement the Construction Equipment Mitigation Measures
Measures: included in the San Joaquin Valley Air Pollution Control District Guide for
1. Use of alternative fueled or catalyst-equipped diesel construction Assessing and Mitigating Air Quality Impacts.
equipment. B. The project proponent shall submit a copy of the logs as evidence for compliance
2. Minimize idling time (e.g., 5 minute maximum). to the Kern County Planning and Natural Resources Department.
C. Kern County Public Works Department will field verify, during construction.
3. A log shall be kept for the hours of operation of heavy duty
equipment and/or the amount of equipment in use, per the San
Joaquin Valley Air Pollution Control District.
4. Replace fossil-fueled equipment with electrically driven equivalents
(provided they are not run via a portable generator set).
5. Curtail construction during periods of high ambient pollutant
Solari Sand and Gravel Project Page 5 of 27 FINAL Mitigation Measure Monitoring Program
Planning Commission – September 22, 2016
EXHIBIT C
Mitigation Monitoring Program For Solari Sand and Gravel Project Draft EIR
Time Frame for Responsible Monitoring
Impact Mitigation Measure Date Initials
Implementation Agency
concentrations; this may include ceasing of construction activity
during the peak-hour of vehicular traffic on adjacent roadways.
6. Implement activity management (e.g. rescheduling activities to
reduce short-term impacts).
7. Limit traffic speeds on unpaved roads to 15 mph.
Justification: Changes or alterations to the project have been required to substantially reduce the potentially significant environmental effects identified in the Draft EIR
to the extent feasible.
Solari Sand and Gravel Project Page 6 of 27 FINAL Mitigation Measure Monitoring Program
Planning Commission – September 22, 2016
EXHIBIT C
Mitigation Monitoring Program For Solari Sand and Gravel Project Draft EIR
Time Frame for Responsible Monitoring
Impact Mitigation Measure Date Initials
Implementation Agency
4.4 Biological Resources
#8 MM 4.4-1. No more than 60 days prior to the commencement of a new Prior to the Kern County Planning and Natural
mining phase or ground disturbance in previously undisturbed areas of commencement of a new Resources Department
the project site, the project proponent or operator shall complete the mining phase or ground
following measures: disturbance
Steps to Compliance:
1. The project proponent shall retain a qualified plant and wildlife
A. The proponent shall retain a qualified biologist who shall review the current
biologist who shall review the current literature, including databases
literature, including databases maintained by CDFW and USFWS, for special-
maintained by California Department of Fish and Wildlife and the
status species with the potential to occur in an area of impeding new disturbance.
United States Fish and Wildlife Service, for special-status species
with the potential to occur in an area of impeding new disturbance. B. The proponent shall submit evidence of retainer to the Kern County Planning and
Natural Resources Department.
2. A pre-construction survey by a qualified biologist shall be conducted
C. Copies of the preconstruction survey and results, as well as all permits and
no more than 30 days and no less than 14 days prior to the
evidence of compliance with applicable regulations shall be submitted to the Kern
commencement of a new mining phase or ground disturbance in
County Planning and Natural Resources Department.
previously undisturbed areas of the project site. If any evidence of
occupation of that portion of the project site by listed or other
special-status plant or animal species is observed, a buffer shall be
established by a qualified biologist that results in sufficient
avoidance to comply with applicable regulations. If sufficient
avoidance cannot be established, the United States Fish and Wildlife
Service and California Department of Fish and Wildlife shall be
contacted for further guidance and consultation on additional
measures. The project proponent or operator shall obtain any
required permits from the appropriate wildlife agency. Copies of the
preconstruction survey and results, as well as all permits and
evidence of compliance with applicable regulations shall be
submitted to the Kern County Planning and Natural Resources
Department.
The following buffer distances shall be established prior to
construction activities:
a. San Joaquin kit fox or American badger potential den: 50
feet;
b. San Joaquin kit fox or American badger known den: 100
feet;
c. San Joaquin kit fox or American badger pupping den:
contact the California Department of Fish and Wildlife and
United States Fish and Wildlife Service;
Solari Sand and Gravel Project Page 7 of 27 FINAL Mitigation Measure Monitoring Program
Planning Commission – September 22, 2016
EXHIBIT C
Mitigation Monitoring Program For Solari Sand and Gravel Project Draft EIR
Time Frame for Responsible Monitoring
Impact Mitigation Measure Date Initials
Implementation Agency
d. Burrowing owl burrow outside of breeding season: as
recommended by the California Department of Fish and
Game 1995;
e. Burrowing owl burrow during breeding season: as
recommended by the California Department of Fish and
Game 1995;
f. Swainson’s hawk nest during breeding season: 0.5 mile;
g. Other protected raptor nests during the breeding season: as
recommended by qualified biologist;
h. Other protected nesting migratory bird nests during the
breeding season: as recommended by qualified biologist;
and
i. Coast horned lizard, San Joaquin coachwhip and other
special-status wildlife species: as recommended by
qualified biologist.
#9 MM 4.4-2. The project operator shall continuously comply with all During all mining, grading, Kern County Planning and Natural
applicable measures described in the California Department of Fish and and construction activities Resources Department; California
Game (now California Department of Fish and Wildlife) 2012 Staff Department of Fish and Wildlife
Report on Burrowing Owl Mitigation and shall be implemented. Steps to Compliance:
A. The proponent shall retain a qualified biologist firm.
B. The proponent shall submit evidence of retainer to the Kern County Planning and
Natural Resources Department.
C. Copies of all survey and results, as described in the California Department of Fish
and Game (now California Department of Fish and Wildlife) 2012 Staff Report
on Burrowing Owl Mitigation, well as all permits and evidence of compliance
with applicable regulations shall be submitted to the Kern County Planning and
Natural Resources Department.
#10 MM 4.4-3. Prior to the commencement of a new mining phase or ground Prior to commencement of Kern County Planning and Natural
disturbance in previously undisturbed areas of the project site in a new mining phase or Resources Department
previously undisturbed areas of the project site, focused surveys shall be ground disturbance
conducted, to determine the presence or absence of special-status plant
species. Surveys shall be conducted in accordance with the California
Department of Fish and Wildlife Protocols for Surveying and Evaluating Steps to Compliance:
Impacts to Special Status Native Plant Populations and Natural
A. The proponent shall retain a qualified biologist firm.
Communities (California Department of Fish and Wildlife 2009) or those
established by the California Native Plant Society. If no special-status B. The proponent shall submit evidence of retainer to the Kern County Planning and
plant species are observed during the focused surveys, no further actions Natural Resources Department.
Solari Sand and Gravel Project Page 8 of 27 FINAL Mitigation Measure Monitoring Program
Planning Commission – September 22, 2016
EXHIBIT C
Mitigation Monitoring Program For Solari Sand and Gravel Project Draft EIR
Time Frame for Responsible Monitoring
Impact Mitigation Measure Date Initials
Implementation Agency
would be required. C. Qualified biologist shall conduct focused surveys for special-status species.
If special-status species are observed within the proposed project D. Copies of the focused survey results, as well as all permits and evidence of
footprint, the proposed project shall be designed by a qualified biologist compliance with applicable regulations shall be submitted to the Kern County
to reduce impacts to the species through the establishment of Planning and Natural Resources Department.
preservation areas and buffers. If avoidance or minimization measures E. If avoidance or minimization measures are implemented a habitat mitigation plan
are implemented on-site, a habitat mitigation plan shall be developed, in shall be developed in coordination with the California Department of Fish and
coordination with the California Department of Fish and Wildlife, to Wildlife to ensure adequate management and conservation of botanical resources
ensure adequate management and conservation of botanical resources on_ on_site over the long term.
site over the long-term. A copy of the final habitat mitigation plan shall F. A copy of the final habitat mitigation plan shall be submitted to the Kern County
be submitted to the Kern County Planning and Natural Resources Planning and Natural Resources Department.
Department.
#11 MM 4.4-4. The project shall comply with the following: Prior to the Kern County Planning and Natural
commencement of Resources Department; Kern
1. Prior to the commencement of construction activities, any pipe, construction activities and County Public Works Department
culvert, or similar structure with a diameter of 4 inches or greater, throughout the operation of
stored on-site for one or more nights shall be inspected to ensure no the project
kit foxes or other wildlife become entrapped or buried in the pipes. If Steps to Compliance:
the pipes, culverts, or similar structures with a diameter of 4 inches
A. The proponent shall retain a qualified biologist firm.
or greater are not capped or otherwise covered, they shall be
inspected twice daily, in the morning and evening, and prior to burial B. The proponent shall submit evidence of retainer to the Kern County Planning and
or closure, to ensure no kit foxes or other wildlife become entrapped Natural Resources Department.
or buried in the pipes. C. Qualified biologist shall inspect any pipe, culvert, or similar structure with a
2. Prior to the commencement of construction activities and throughout diameter of 4 inches or greater, stored onsite for one or more nights to ensure no
the operation of the project, all food, garbage, and plastic shall be kit foxes or other wildlife become entrapped or buried in the pipes. Copies of
disposed of in closed containers and regularly removed from the site inspection results und shall be submitted to the Kern County Planning and Natural
to minimize attracting ranging kit fox, or other wildlife to the site Resources Department.
where they may be harmed. All trash shall be removed and disposed D. Operator shall ensure all trash is removed and disposed of regularly in accordance
of regularly in accordance with state and local laws and regulations. with state and local laws and regulations.
E. Copies of the focused survey results, as well as all permits and evidence of
compliance with applicable regulations shall be submitted to the Kern County
Planning and Natural Resources Department.
#12 MM 4.4-5. Prior to commencement of mining, grading or construction Prior to commencement of Kern County Planning and Natural
activities as authorized by the this approval, the project proponent shall mining, grading or Resources Department
develop and submit to the Kern County Planning and Natural Resources construction activities and
Department for review and approval an employee awareness program on throughout project
the Migratory Bird Treaty Act and the Federal and State endangered Steps to Compliance:
species laws and regulations. The program shall provide employees with A. The proponent shall develop an employee awareness program on the Migratory
sufficient information to identify sensitive or protected species that could Bird Treaty Act and the Federal and State endangered species laws and
Solari Sand and Gravel Project Page 9 of 27 FINAL Mitigation Measure Monitoring Program
Planning Commission – September 22, 2016
EXHIBIT C
Mitigation Monitoring Program For Solari Sand and Gravel Project Draft EIR
Time Frame for Responsible Monitoring
Impact Mitigation Measure Date Initials
Implementation Agency
exist on-site, methods to avoid these species, and protection measures to regulations.
reduce the potential for incidental take of these species. The employee B. The Kern County Planning and Natural Resources Department will review and
awareness program shall be implemented throughout the period of approve the program prior to issuance building and grading permits.
mining, grading, construction and reclamation activities associated with C. The employee awareness program shall be implemented throughout the period of
the project. mining, grading, construction and reclamation activities associated with the
project.
D. Evidence of employee awareness program implementation and sign-in sheet shall
be submitted to the Kern County Planning and Natural Resources Department,
prior to project disturbance and/or prior to any new hires
#13 MM 4.4-6. Prior to commencement of construction of the flood control Prior to commencement of Kern County Planning and Natural
improvements, the California Department of Fish and Wildlife shall be construction of the flood Resources Department; California
notified and a Streambed Alteration Agreement shall be obtained if control improvements Department of Fish and Wildlife
required by the California Department of Fish and Wildlife. Copies of all Steps to Compliance:
permits shall be submitted to the Kern County Planning and Natural A. The proponent shall notify the California Department of Fish and Wildlife of the
Resources Department. If no permits are required, documentation from proposed project and flood control improvements to determine whether or not a
either the project proponent and/or California Department of Fish and Streambed Alteration Agreement will be required.
Wildlife shall be submitted to the Kern County Planning and Natural B. Copies of all permits issued by CDFW shall be submitted to the Kern County
Resources Department stating the reason permits are not required. Planning and Natural Resources Department. If no permits are required,
documentation from either the project proponent and/or California Department of
Fish and Wildlife shall be submitted to the Kern County Planning and Natural
Resources Department stating the reason permits are not required.
Justification: Changes or alterations to the project have been required to substantially reduce the potentially significant environmental effects identified in the Draft EIR
to the extent feasible.
Solari Sand and Gravel Project Page 10 of 27 FINAL Mitigation Measure Monitoring Program
Planning Commission – September 22, 2016
EXHIBIT C
Mitigation Monitoring Program For Solari Sand and Gravel Project Draft EIR
Time Frame for Responsible Monitoring
Impact Mitigation Measure Date Initials
Implementation Agency
4.5 Cultural Resources
#14 MM 4.5-1. Prior to commencement of construction activities as Prior to commencement of Kern County Planning and Natural
authorized by this approval, the project proponent shall retain a qualified mining, grading or Resources Department
archaeologist, defined as an archaeologist meeting the Secretary of the construction activities
Interior’s Standards for professional archaeology (U.S. Department of Steps to Compliance:
the Interior, 2011), as well as a Native American monitor as appropriate, A. The proponent shall retain a County-approved archaeologist as well as a Native
to carry out all mitigation measures related to archaeological and American monitor, as appropriate.
historical resources as needed. B. The qualified archaeologist and Native American monitor shall prepare and
1. Prior to commencement of construction activities, Cultural submit a Cultural Resources Sensitivity Training program to the Kern County
Resources Sensitivity Training shall be conducted. This includes an Department of Planning and Community Development for review and approval.
overview of potential cultural resources that could be encountered C. The qualified archaeologist and Native American monitor shall conduct a Cultural
during ground disturbing activities to facilitate worker recognition, Resources Sensitivity Training for all construction personal working on the
avoidance, and subsequent immediate notification to the qualified project.
archaeologist and Native American monitor for further evaluation D. Evidence of Cultural Resources Sensitivity Training implementation shall be
and action, as appropriate; and penalties for unauthorized artifact submitted to the Kern County Planning and Natural Resources Department.
collecting or intentional disturbance of archaeological resources. E. A copy of the Cultural Resources Sensitivity Training guide shall be submitted
2. Prior to commencement of mining activities for each phase of the for submitted to the Kern County Planning Department.
project, the project operator shall ensure all new employees who
have not participated in earlier Cultural Resources Sensitivity
Trainings shall:
a. Participate in Cultural Resources Sensitivity Training as
described above; or
b. Shall be provided a Cultural Resources Sensitivity Training
guide for all personnel that is approved by the Lead
archaeologist and,
c. The Cultural Resources Sensitivity Training guide shall be
kept available for all personnel to review and be familiar
with as necessary.
#15 MM 4.5-2. During all construction and mining activities, the maximum During all construction and Kern County Planning and Natural
mining depth shall be 145 feet below original grade and extraction will mining activities Resources Department; Kern
be limited to alluvium materials. County Public Works Department
Steps to Compliance:
A. The proponent or operator shall ensure construction and mining activities do not
exceed the maximum mining depth of 120-145 feet below original grade.
B. Evidence of compliance shall be submitted to the Kern County Planning and
Natural Resources Department.
Solari Sand and Gravel Project Page 11 of 27 FINAL Mitigation Measure Monitoring Program
Planning Commission – September 22, 2016
EXHIBIT C
Mitigation Monitoring Program For Solari Sand and Gravel Project Draft EIR
Time Frame for Responsible Monitoring
Impact Mitigation Measure Date Initials
Implementation Agency
C. Kern County Public Works Department will field verify, during mining activities.
#16 MM 4.5-3. During all construction and operation activities, in the event During all construction and Kern County Planning and Natural
human remains are discovered on-site, all work must halt within 50 feet operation activities Resources Department; Kern
of the find, and the County Coroner notified according to Section County Coroner; Native American
5097.98 of the State Public Resources Code and Section 7050.5 of Heritage Commission
California’s Health and Safety Code. If the remains are determined to be Steps to Compliance:
Native American, the coroner will notify the Native American Heritage A. In the event human remains are discovered onsite, all work shall halt within 50
Commission, and the procedures outlined in Section 15064.5(d) and (e) feet of the find, and notify the County Coroner.
of the State California Environmental Quality Act (CEQA) Guidelines B. If the remains are determined to be Native American, the coroner will notify the
shall be followed. Should it be necessary to notify the County Coroner or Native American Heritage Commission, and the procedures outlined in CEQA
the Native American Heritage Commission, the Kern County Planning Section 15.064.5(d) and (e) shall be followed.
and Natural Resources Department shall be advised. C. Should it be necessary to notify the County Coroner or the Native American
Heritage Commission, the Kern County Planning Department shall be notify
immediately.
#17 MM 4.5-4. During all construction and operation activities, if any During all construction and Kern County Planning and Natural
paleontological resources (fossils) are discovered during ground mining activities Resources Department; Southern
San Joaquin Valley Archaeological
disturbing activities, work shall cease within 50 feet of the discovery, the
Information Center
Kern County Planning and Natural Resources Department shall be
immediately notified and a qualified paleontologist contacted to evaluate Steps to Compliance:
the find and, if necessary, mitigated prior to resumption of work. The A. In the event paleontological resources (fossils) are discovered during ground
project proponent shall comply with the recommendations of the disturbing activities, work shall cease within 50 feet of the discovery, the Kern
paleontologist, a copy of which shall be transmitted upon issuance to the County Planning and Natural Resources Department shall be immediately
Kern County Planning and Natural Resources Department and the notified and qualified paleontologist contacted to evaluate the find and, if
Southern San Joaquin Valley Archaeological Information Center. necessary, mitigated prior to resumption of work
B. The project proponent shall comply with the recommendations of the
paleontologist, a copy of which shall be transmitted upon issuance to the Kern
County Planning and Community Development and the Southern San Joaquin
Valley Archaeological Information Center.
Justification: Changes or alterations to the project have been required to substantially reduce the potentially significant environmental effects identified in the Draft EIR
to the extent feasible.
Solari Sand and Gravel Project Page 12 of 27 FINAL Mitigation Measure Monitoring Program
Planning Commission – September 22, 2016
EXHIBIT C
Mitigation Monitoring Program For Solari Sand and Gravel Project Draft EIR
Time Frame for Responsible Monitoring
Impact Mitigation Measure Date Initials
Implementation Agency
4.6 Geology and Soils
#18 MM 4.6-1. Prior to commencement of mining operations, the project Prior to commencement of Kern County Public Works
proponent shall cause engineered plans to be prepared by a civil mining, grading or Department
engineer, certified engineering geologist, or geotechnical engineer construction activities
licensed in the State of California, and supported by a geotechnical Steps to Compliance:
report, which identifies maximum daily operational slopes of the mine. A. The proponent shall cause engineered plans to be prepared by a civil engineer,
The project proponent shall submit the engineered plans to Kern County certified engineering geologist, or geotechnical engineer licensed in the State of
Public Works for review and incorporation into the approved surface California, and supported by a geotechnical report, which identifies maximum
mining and reclamation plan in accordance with the provisions of the daily operational slopes of the mine.
Surface Mining and Reclamation Act (SMARA) of 1975 and Section B. The project proponent shall submit the engineered plans to Kern County Public
19.100 of the Kern County Zoning Ordinance. Works for review and incorporation into the approved surface mining and
reclamation plan in accordance with the provisions of the Surface Mining and
Reclamation Act (SMARA) of 1975 and Section 19.100 of the Kern County
Zoning Ordinance.
#19 MM 4.6-2. Prior to commencement of mining operations, the project Prior to commencement of Kern County Public Works
proponent shall cause engineered plans to be prepared by a civil engineer mining, grading or Department
licensed in the State of California for the development of flood control construction activities
facilities and any associated maintenance for the project site. Said plans Steps to Compliance:
shall address flood flows including, but not limited to, the retention of A. The proponent shall cause engineered plans to be prepared by a civil engineer
any flows on site and erosion and sedimentation. The project proponent licensed in the State of California for the development of flood control facilities
shall submit the engineered plans to Kern County Public Works for and any associated maintenance for the project site. Said plans shall address flood
review and incorporation into the approved surface mining and flows including, but not limited to, the retention of any flows on site and erosion
reclamation plan in accordance with the provisions of the Surface and sedimentation.
Mining and Reclamation Act (SMARA) of 1975 and Section 19.100 of B. The project proponent shall submit the engineered plans to Kern County Public
the Kern County Zoning Ordinance. Works for review and incorporation into the approved surface mining and
reclamation plan in accordance with the provisions of the Surface Mining and
Reclamation Act (SMARA) of 1975 and Section 19.100 of the Kern County
Zoning Ordinance.
#20 MM 4.6-3. Prior to commencement of mining activity, the project Prior to commencement of Regional Water Quality Control
proponent shall prepare and submit a Storm Water Pollution Prevention mining activity Board, Central Valley Region; Kern
Plan or, alternatively, a Notice of Non-Applicability to the Regional County Engineering, Surveying, and
Water Quality Control Board, Central Valley Region, and to Kern Permit Services Department; Kern
County Planning and Natural
County Public Works Department- Building & Development-Survey for Resources Department
review and approval. A copy of the approved Storm Water Pollution
Prevention Plan or Notice of Non-Applicability shall be submitted upon Steps to Compliance:
issuance to the Kern County Planning and Natural Resources A. The proponent shall prepare and submit a Storm Water Pollution Prevention Plan
Department. or, alternatively, a Notice of Non-Applicability to the Regional Water Quality
Solari Sand and Gravel Project Page 13 of 27 FINAL Mitigation Measure Monitoring Program
Planning Commission – September 22, 2016
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Mitigation Monitoring Program For Solari Sand and Gravel Project Draft EIR
Time Frame for Responsible Monitoring
Impact Mitigation Measure Date Initials
Implementation Agency
Control Board, Central Valley Region, and to Kern County Engineering,
Surveying, and Permit Services Department for review and approval.
B. A copy of the approved Storm Water Pollution Prevention Plan or Notice of Non-
Applicability shall be submitted to the Kern County Planning and Natural
Resources Department.
#21 MM 4.6-4. Final slopes shall have a maximum overall slope of 3:1 Beginning with the Kern County Planning and Natural
(horizontal: vertical) and a final depth of excavation of 145 feet below commencement of mining Resources Department; Kern
terrain level. Steeper final slopes and/or depths may be approved in as authorized by this County Public Works Department
accordance with the provisions of the Surface Mining and Reclamation approval, and continuing
Act (SMARA) of 1975 and Section 19.100 of the Kern County Zoning thereafter
Ordinance. Steps to Compliance:
A. The proponent or operator shall ensure construction and mining activities do not
exceed the maximum mining depth of 120-145 feet below original grade.
B. Evidence of compliance shall be submitted to the Kern County Planning and
Natural Resources Department.
C. Kern County Public Works Department will field verify, during mining activities.
#22 MM 4.6-5. Prior to issuance of grading and building permits, the project Prior to issuance of grading Kern County Planning and Natural
proponent shall prepare a grading plan for the construction of the and construction permits Resources Department; Kern
temporary plant fixtures, which shall include storm water basins, barriers County Public Works Department
and control techniques of adequate size to eliminate offsite erosion and Steps to Compliance:
sedimentation. The grading plan shall be submitted to the Kern County A. The proponent shall prepare a grading plan for the construction of the temporary
Public Works Department for review and approval. A copy of the plant fixtures, which shall include storm water basins, barriers and control
approval will be submitted to the Kern County Planning and Natural techniques of adequate size to eliminate offsite erosion and sedimentation.
Resources Department, upon approval. B. The grading plan shall be submitted to the Kern County Public Works
Department for review and approval. A copy of the approval will be submitted to
the Kern County Planning and Natural Resources Department.
#23 MM 4.6-6. Beginning with the commencement of mining as authorized Beginning with the Kern County Planning and Natural
by this approval, and continuing thereafter, leakage from waterlines, commencement of mining Resources Department; Kern
irrigation systems, etc. or bypassing of clogged drains should be repaired as authorized by this County Public Works Department
as soon as practicable and sprinkler systems (if installed) shall be approval, and continuing
thereafter
adjusted to account for natural rainfall throughout the life of the
proposed project. Steps to Compliance:
A. The proponent or operator shall ensure leakage from waterlines, irrigation
systems, etc. or bypassing of clogged drains should be repaired as soon as
practicable and sprinkler systems (if installed) shall be adjusted to account for
natural rainfall throughout the life of the proposed project.
B. In the event that leakage from waterlines, irrigation systems, etc. or bypassing of
Solari Sand and Gravel Project Page 14 of 27 FINAL Mitigation Measure Monitoring Program
Planning Commission – September 22, 2016
EXHIBIT C
Mitigation Monitoring Program For Solari Sand and Gravel Project Draft EIR
Time Frame for Responsible Monitoring
Impact Mitigation Measure Date Initials
Implementation Agency
clogged drains is detected, the proponent shall notify the Kern County Planning
and Natural Resources Department and shall ensure the leak is repaired as soon as
practicable. Evidence of repair shall be submitted to the Kern County Planning
and Natural Resources Department. Kern County Public Works Department will
field verify, following notification
#24 MM 4.6-7. Beginning with the commencement of mining as authorized Beginning with the Kern County Planning and Natural
by this approval, and continuing thereafter, surface water entering the commencement of mining Resources Department; Kern
site shall not be allowed to flow over the proposed mine slopes other as authorized by this County Public Works Department
than incidental rainfall and irrigation, or as otherwise contained in the approval, and continuing
thereafter
flood control channels.
Steps to Compliance:
A. The proponent or operator shall ensure surface water entering the site shall not be
allowed to flow over the proposed mine slopes other than incidental rainfall and
irrigation, or as otherwise contained in the flood control channels.
B. In the event that surface water, other than incidental rainfall and irrigation, is
det
Preview
EXHIBIT 3 EXHIBIT C FINAL Mitigation Monitoring & Reporting Plan (MMRP) SOLARI SAND AND GRAVEL PROJECT Granite Construction (PP10206) Conditional Use Permit No. 4, Map 210R Final Approval Date/Hearing Body: September 22, 2016 by the Kern County Planning Commission. EXHIBIT C Mitigation Monitoring Program For Solari Sand and Gravel Project Draft EIR Time Frame for Responsible Monitoring Impact Mitigation Measure Date Initials Implementation Agency 4.1 Aesthetics #1 MM 4.1-1. To the greatest extent feasible, upon completion of mining Upon completion of each Kern County Public Works activities associated with each phase of the proposed project, mining phase Department revegetation shall occur in accordance with the approved Reclamation Steps to Compliance: Plan. Revegetation shall be implemented to the greatest extent feasible A. The proponent shall ensure revegetation activities occur in accordance with on portions of the project site that will not be subject to further ground the approved Reclamation Plan. disturbance. B. Kern County Public Works Department will field verify, during the course of reclamation activities. #2 MM 4.1-2. To the greatest extent possible, upon completion of mining Upon completion of each Kern County Public Works activities associated with each phase of the proposed project, the project mining phase Department shall comply with all equipment removal, in accordance with the approved Reclamation Plan, to the greatest extent possible for all mined Steps to Compliance: lands that would not be subject to further disturbance. A. The proponent shall continuously comply with all equipment removal and revegetation activities, in accordance with the approved Reclamation Plan. B. Kern County Public Works Department will field verify, during reclamation activities. #3 MM 4.1-3. Prior to the issuance of building or grading permits, the Prior to issuing building Kern County Public Works project proponent shall submit documentation of the following: and grading permits Department and Planning and Natural Resources Department 1. An Outdoor Lighting Plan shall be submitted to the Kern County Public Works Department for review and approval in accordance Steps to Compliance: with Chapter 19.81 (Outdoor Lighting “Dark Skies Ordinance”) of A. The project proponent shall prepare an Outdoor Lighting Plan and shall submit the the Zoning Ordinance. When needed for safety purposes, project plan for review and approval by the Kern County Public Works Department. facility lighting shall be designed to provide the minimum B. A copy of the approved Outdoor Lighting Plan shall be submitted by the project illumination needed to achieve Federally-required safety and proponent to the Kern County Planning and Natural Resources Department, upon security objectives. A copy of the approved Outdoor Lighting Plan issuance shall be submitted by the project proponent to the Kern County C. Kern County Planning and Natural Resources Department shall receive, approve, Planning and Natural Resources Department, upon issuance. and file the Outdoor Lighting Plan prior to issuing building and grading permits. Justification: Changes or alterations to the project have been required to substantially reduce the potentially significant environmental effects identified in the Draft EIR to the extent feasible. Solari Sand and Gravel Project Page 1 of 27 FINAL Mitigation Measure Monitoring Program Planning Commission – September 22, 2016 EXHIBIT C Mitigation Monitoring Program For Solari Sand and Gravel Project Draft EIR Time Frame for Responsible Monitoring Impact Mitigation Measure Date Initials Implementation Agency Solari Sand and Gravel Project Page 2 of 27 FINAL Mitigation Measure Monitoring Program Planning Commission – September 22, 2016 EXHIBIT C Mitigation Monitoring Program For Solari Sand and Gravel Project Draft EIR Time Frame for Responsible Monitoring Impact Mitigation Measure Date Initials Implementation Agency 4.2 Agriculture #4 MM 4.2-1. Prior to commencement of mining, grading or construction Prior to commencement of Kern County Planning and Natural activities as authorized by this approval, on those portions of the project mining, grading or Resources Department site subject to a Williamson Act Contract, the project proponent shall construction activities obtain either: Steps to Compliance: 1. Approval from the Kern County Board of Supervisors of a A. The proponent shall obtain either approval from the Kern County Board of determination of compatibility for the proposed use of the site in Supervisors of a determination of compatibility for the proposed use of the site in accordance with Section 51238.1 of the California Government accordance with Section 51238.1 of the California Government Code; or, Code; or, Approval of a contract cancellation for the affected portion of the project site. 2. Approval of a contract cancellation for the affected portion of the B. The proponent shall submit evidence of compliance to Kern County Planning and project site. Natural Resources Department. Justification: Changes or alterations to the project have been required to substantially reduce the potentially significant environmental effects identified in the Draft EIR to the extent feasible. Solari Sand and Gravel Project Page 3 of 27 FINAL Mitigation Measure Monitoring Program Planning Commission – September 22, 2016 EXHIBIT C Mitigation Monitoring Program For Solari Sand and Gravel Project Draft EIR Time Frame for Responsible Monitoring Impact Mitigation Measure Date Initials Implementation Agency 4.3 Air Quality #5 MM 4.3-1. During construction of the proposed project, the project shall During construction of the Kern County Planning and Natural comply with all applicable plans and regulations established by the San project Resources Department; Kern Joaquin Valley Air Pollution Control District; including but not limited County Public Works Department to, implementation of the following: Steps to Compliance: 1. All disturbed areas, including storage piles, which are not being A. The proponent shall take the specified steps to reduce fugitive dust emissions actively utilized for construction purposes, shall be effectively during construction. stabilized of dust emissions using water, chemical B. The proponent shall submit evidence of compliance to Kern County Planning and stabilizer/suppressant, covered with a tarp or other suitable cover or Natural Resources Department. vegetative ground cover. C. Kern County Public Works Department will field verify, during construction. 2. All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizer/suppressant. 3. All land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolition activities shall be effectively controlled of fugitive dust emissions utilizing application of water or by presoaking. 4. When materials are transported off-site, all material shall be covered, or effectively wetted to limit visible dust emissions, and at least 6 inches of freeboard space from the top of the container shall be maintained. 5. All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets within 500 feet from the entry of the project site at the end of each workday. (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions.) (Use of blower devices is expressly forbidden.) 6. Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient water or chemical stabilizer/suppressant. 7. Trackout shall be removed when it extends 50 or more feet from the site and at the end of each workday. 8. Should the project result in either 150 or more vehicle trips per day, or 20 or more vehicle trips per day by vehicles with three or more axles, measures to prevent carryout and trackout shall be Solari Sand and Gravel Project Page 4 of 27 FINAL Mitigation Measure Monitoring Program Planning Commission – September 22, 2016 EXHIBIT C Mitigation Monitoring Program For Solari Sand and Gravel Project Draft EIR Time Frame for Responsible Monitoring Impact Mitigation Measure Date Initials Implementation Agency implemented. #6 MM 4.3-2. During mining operations and prior to the commencement of During mining operations Kern County Planning and Natural a new mining phase or ground disturbance in previously undisturbed and prior to the Resources Department; Kern areas of the project site, the project shall comply with all applicable plans commencement of a new County Public Works Department mining phase or ground and regulations established by the San Joaquin Valley Air Pollution disturbance Control District, including but not limited to, implementation of the following: Steps to Compliance: A. The proponent shall take the specified steps to reduce fugitive dust emissions 1. All new land clearing, grubbing, scraping cut and fill, and during operation. demolition activities shall be effectively controlled of fugitive dust emissions utilizing application of water or by presoaking. B. The proponent shall submit evidence of compliance to Kern County Planning and Natural Resources Department. 2. All disturbed areas, including storage piles, which are not being actively utilized for construction purposes, shall be effectively C. Kern County Public Works Department will field verify, during construction. stabilized of dust emissions using water, chemical stabilizer/suppressant, covered with a tarp or other suitable cover or vegetation ground cover. 3. All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizer/suppressant. 4. Limit traffic speeds on unpaved roads to 15 miles per hour. #7 MM 4.3-3. During construction of the proposed project, the following During construction of the Kern County Planning and Natural measures shall be implemented through consultation with the San project Resources Department; Kern Joaquin Valley Air Pollution Control District pursuant to the San Joaquin County Public Works Department Valley Air Pollution Control District’s Guide for Assessing and Steps to Compliance: Mitigating Air Quality Impacts’ Construction Equipment Mitigation A. The proponent shall implement the Construction Equipment Mitigation Measures Measures: included in the San Joaquin Valley Air Pollution Control District Guide for 1. Use of alternative fueled or catalyst-equipped diesel construction Assessing and Mitigating Air Quality Impacts. equipment. B. The project proponent shall submit a copy of the logs as evidence for compliance 2. Minimize idling time (e.g., 5 minute maximum). to the Kern County Planning and Natural Resources Department. C. Kern County Public Works Department will field verify, during construction. 3. A log shall be kept for the hours of operation of heavy duty equipment and/or the amount of equipment in use, per the San Joaquin Valley Air Pollution Control District. 4. Replace fossil-fueled equipment with electrically driven equivalents (provided they are not run via a portable generator set). 5. Curtail construction during periods of high ambient pollutant Solari Sand and Gravel Project Page 5 of 27 FINAL Mitigation Measure Monitoring Program Planning Commission – September 22, 2016 EXHIBIT C Mitigation Monitoring Program For Solari Sand and Gravel Project Draft EIR Time Frame for Responsible Monitoring Impact Mitigation Measure Date Initials Implementation Agency concentrations; this may include ceasing of construction activity during the peak-hour of vehicular traffic on adjacent roadways. 6. Implement activity management (e.g. rescheduling activities to reduce short-term impacts). 7. Limit traffic speeds on unpaved roads to 15 mph. Justification: Changes or alterations to the project have been required to substantially reduce the potentially significant environmental effects identified in the Draft EIR to the extent feasible. Solari Sand and Gravel Project Page 6 of 27 FINAL Mitigation Measure Monitoring Program Planning Commission – September 22, 2016 EXHIBIT C Mitigation Monitoring Program For Solari Sand and Gravel Project Draft EIR Time Frame for Responsible Monitoring Impact Mitigation Measure Date Initials Implementation Agency 4.4 Biological Resources #8 MM 4.4-1. No more than 60 days prior to the commencement of a new Prior to the Kern County Planning and Natural mining phase or ground disturbance in previously undisturbed areas of commencement of a new Resources Department the project site, the project proponent or operator shall complete the mining phase or ground following measures: disturbance Steps to Compliance: 1. The project proponent shall retain a qualified plant and wildlife A. The proponent shall retain a qualified biologist who shall review the current biologist who shall review the current literature, including databases literature, including databases maintained by CDFW and USFWS, for special- maintained by California Department of Fish and Wildlife and the status species with the potential to occur in an area of impeding new disturbance. United States Fish and Wildlife Service, for special-status species with the potential to occur in an area of impeding new disturbance. B. The proponent shall submit evidence of retainer to the Kern County Planning and Natural Resources Department. 2. A pre-construction survey by a qualified biologist shall be conducted C. Copies of the preconstruction survey and results, as well as all permits and no more than 30 days and no less than 14 days prior to the evidence of compliance with applicable regulations shall be submitted to the Kern commencement of a new mining phase or ground disturbance in County Planning and Natural Resources Department. previously undisturbed areas of the project site. If any evidence of occupation of that portion of the project site by listed or other special-status plant or animal species is observed, a buffer shall be established by a qualified biologist that results in sufficient avoidance to comply with applicable regulations. If sufficient avoidance cannot be established, the United States Fish and Wildlife Service and California Department of Fish and Wildlife shall be contacted for further guidance and consultation on additional measures. The project proponent or operator shall obtain any required permits from the appropriate wildlife agency. Copies of the preconstruction survey and results, as well as all permits and evidence of compliance with applicable regulations shall be submitted to the Kern County Planning and Natural Resources Department. The following buffer distances shall be established prior to construction activities: a. San Joaquin kit fox or American badger potential den: 50 feet; b. San Joaquin kit fox or American badger known den: 100 feet; c. San Joaquin kit fox or American badger pupping den: contact the California Department of Fish and Wildlife and United States Fish and Wildlife Service; Solari Sand and Gravel Project Page 7 of 27 FINAL Mitigation Measure Monitoring Program Planning Commission – September 22, 2016 EXHIBIT C Mitigation Monitoring Program For Solari Sand and Gravel Project Draft EIR Time Frame for Responsible Monitoring Impact Mitigation Measure Date Initials Implementation Agency d. Burrowing owl burrow outside of breeding season: as recommended by the California Department of Fish and Game 1995; e. Burrowing owl burrow during breeding season: as recommended by the California Department of Fish and Game 1995; f. Swainson’s hawk nest during breeding season: 0.5 mile; g. Other protected raptor nests during the breeding season: as recommended by qualified biologist; h. Other protected nesting migratory bird nests during the breeding season: as recommended by qualified biologist; and i. Coast horned lizard, San Joaquin coachwhip and other special-status wildlife species: as recommended by qualified biologist. #9 MM 4.4-2. The project operator shall continuously comply with all During all mining, grading, Kern County Planning and Natural applicable measures described in the California Department of Fish and and construction activities Resources Department; California Game (now California Department of Fish and Wildlife) 2012 Staff Department of Fish and Wildlife Report on Burrowing Owl Mitigation and shall be implemented. Steps to Compliance: A. The proponent shall retain a qualified biologist firm. B. The proponent shall submit evidence of retainer to the Kern County Planning and Natural Resources Department. C. Copies of all survey and results, as described in the California Department of Fish and Game (now California Department of Fish and Wildlife) 2012 Staff Report on Burrowing Owl Mitigation, well as all permits and evidence of compliance with applicable regulations shall be submitted to the Kern County Planning and Natural Resources Department. #10 MM 4.4-3. Prior to the commencement of a new mining phase or ground Prior to commencement of Kern County Planning and Natural disturbance in previously undisturbed areas of the project site in a new mining phase or Resources Department previously undisturbed areas of the project site, focused surveys shall be ground disturbance conducted, to determine the presence or absence of special-status plant species. Surveys shall be conducted in accordance with the California Department of Fish and Wildlife Protocols for Surveying and Evaluating Steps to Compliance: Impacts to Special Status Native Plant Populations and Natural A. The proponent shall retain a qualified biologist firm. Communities (California Department of Fish and Wildlife 2009) or those established by the California Native Plant Society. If no special-status B. The proponent shall submit evidence of retainer to the Kern County Planning and plant species are observed during the focused surveys, no further actions Natural Resources Department. Solari Sand and Gravel Project Page 8 of 27 FINAL Mitigation Measure Monitoring Program Planning Commission – September 22, 2016 EXHIBIT C Mitigation Monitoring Program For Solari Sand and Gravel Project Draft EIR Time Frame for Responsible Monitoring Impact Mitigation Measure Date Initials Implementation Agency would be required. C. Qualified biologist shall conduct focused surveys for special-status species. If special-status species are observed within the proposed project D. Copies of the focused survey results, as well as all permits and evidence of footprint, the proposed project shall be designed by a qualified biologist compliance with applicable regulations shall be submitted to the Kern County to reduce impacts to the species through the establishment of Planning and Natural Resources Department. preservation areas and buffers. If avoidance or minimization measures E. If avoidance or minimization measures are implemented a habitat mitigation plan are implemented on-site, a habitat mitigation plan shall be developed, in shall be developed in coordination with the California Department of Fish and coordination with the California Department of Fish and Wildlife, to Wildlife to ensure adequate management and conservation of botanical resources ensure adequate management and conservation of botanical resources on_ on_site over the long term. site over the long-term. A copy of the final habitat mitigation plan shall F. A copy of the final habitat mitigation plan shall be submitted to the Kern County be submitted to the Kern County Planning and Natural Resources Planning and Natural Resources Department. Department. #11 MM 4.4-4. The project shall comply with the following: Prior to the Kern County Planning and Natural commencement of Resources Department; Kern 1. Prior to the commencement of construction activities, any pipe, construction activities and County Public Works Department culvert, or similar structure with a diameter of 4 inches or greater, throughout the operation of stored on-site for one or more nights shall be inspected to ensure no the project kit foxes or other wildlife become entrapped or buried in the pipes. If Steps to Compliance: the pipes, culverts, or similar structures with a diameter of 4 inches A. The proponent shall retain a qualified biologist firm. or greater are not capped or otherwise covered, they shall be inspected twice daily, in the morning and evening, and prior to burial B. The proponent shall submit evidence of retainer to the Kern County Planning and or closure, to ensure no kit foxes or other wildlife become entrapped Natural Resources Department. or buried in the pipes. C. Qualified biologist shall inspect any pipe, culvert, or similar structure with a 2. Prior to the commencement of construction activities and throughout diameter of 4 inches or greater, stored onsite for one or more nights to ensure no the operation of the project, all food, garbage, and plastic shall be kit foxes or other wildlife become entrapped or buried in the pipes. Copies of disposed of in closed containers and regularly removed from the site inspection results und shall be submitted to the Kern County Planning and Natural to minimize attracting ranging kit fox, or other wildlife to the site Resources Department. where they may be harmed. All trash shall be removed and disposed D. Operator shall ensure all trash is removed and disposed of regularly in accordance of regularly in accordance with state and local laws and regulations. with state and local laws and regulations. E. Copies of the focused survey results, as well as all permits and evidence of compliance with applicable regulations shall be submitted to the Kern County Planning and Natural Resources Department. #12 MM 4.4-5. Prior to commencement of mining, grading or construction Prior to commencement of Kern County Planning and Natural activities as authorized by the this approval, the project proponent shall mining, grading or Resources Department develop and submit to the Kern County Planning and Natural Resources construction activities and Department for review and approval an employee awareness program on throughout project the Migratory Bird Treaty Act and the Federal and State endangered Steps to Compliance: species laws and regulations. The program shall provide employees with A. The proponent shall develop an employee awareness program on the Migratory sufficient information to identify sensitive or protected species that could Bird Treaty Act and the Federal and State endangered species laws and Solari Sand and Gravel Project Page 9 of 27 FINAL Mitigation Measure Monitoring Program Planning Commission – September 22, 2016 EXHIBIT C Mitigation Monitoring Program For Solari Sand and Gravel Project Draft EIR Time Frame for Responsible Monitoring Impact Mitigation Measure Date Initials Implementation Agency exist on-site, methods to avoid these species, and protection measures to regulations. reduce the potential for incidental take of these species. The employee B. The Kern County Planning and Natural Resources Department will review and awareness program shall be implemented throughout the period of approve the program prior to issuance building and grading permits. mining, grading, construction and reclamation activities associated with C. The employee awareness program shall be implemented throughout the period of the project. mining, grading, construction and reclamation activities associated with the project. D. Evidence of employee awareness program implementation and sign-in sheet shall be submitted to the Kern County Planning and Natural Resources Department, prior to project disturbance and/or prior to any new hires #13 MM 4.4-6. Prior to commencement of construction of the flood control Prior to commencement of Kern County Planning and Natural improvements, the California Department of Fish and Wildlife shall be construction of the flood Resources Department; California notified and a Streambed Alteration Agreement shall be obtained if control improvements Department of Fish and Wildlife required by the California Department of Fish and Wildlife. Copies of all Steps to Compliance: permits shall be submitted to the Kern County Planning and Natural A. The proponent shall notify the California Department of Fish and Wildlife of the Resources Department. If no permits are required, documentation from proposed project and flood control improvements to determine whether or not a either the project proponent and/or California Department of Fish and Streambed Alteration Agreement will be required. Wildlife shall be submitted to the Kern County Planning and Natural B. Copies of all permits issued by CDFW shall be submitted to the Kern County Resources Department stating the reason permits are not required. Planning and Natural Resources Department. If no permits are required, documentation from either the project proponent and/or California Department of Fish and Wildlife shall be submitted to the Kern County Planning and Natural Resources Department stating the reason permits are not required. Justification: Changes or alterations to the project have been required to substantially reduce the potentially significant environmental effects identified in the Draft EIR to the extent feasible. Solari Sand and Gravel Project Page 10 of 27 FINAL Mitigation Measure Monitoring Program Planning Commission – September 22, 2016 EXHIBIT C Mitigation Monitoring Program For Solari Sand and Gravel Project Draft EIR Time Frame for Responsible Monitoring Impact Mitigation Measure Date Initials Implementation Agency 4.5 Cultural Resources #14 MM 4.5-1. Prior to commencement of construction activities as Prior to commencement of Kern County Planning and Natural authorized by this approval, the project proponent shall retain a qualified mining, grading or Resources Department archaeologist, defined as an archaeologist meeting the Secretary of the construction activities Interior’s Standards for professional archaeology (U.S. Department of Steps to Compliance: the Interior, 2011), as well as a Native American monitor as appropriate, A. The proponent shall retain a County-approved archaeologist as well as a Native to carry out all mitigation measures related to archaeological and American monitor, as appropriate. historical resources as needed. B. The qualified archaeologist and Native American monitor shall prepare and 1. Prior to commencement of construction activities, Cultural submit a Cultural Resources Sensitivity Training program to the Kern County Resources Sensitivity Training shall be conducted. This includes an Department of Planning and Community Development for review and approval. overview of potential cultural resources that could be encountered C. The qualified archaeologist and Native American monitor shall conduct a Cultural during ground disturbing activities to facilitate worker recognition, Resources Sensitivity Training for all construction personal working on the avoidance, and subsequent immediate notification to the qualified project. archaeologist and Native American monitor for further evaluation D. Evidence of Cultural Resources Sensitivity Training implementation shall be and action, as appropriate; and penalties for unauthorized artifact submitted to the Kern County Planning and Natural Resources Department. collecting or intentional disturbance of archaeological resources. E. A copy of the Cultural Resources Sensitivity Training guide shall be submitted 2. Prior to commencement of mining activities for each phase of the for submitted to the Kern County Planning Department. project, the project operator shall ensure all new employees who have not participated in earlier Cultural Resources Sensitivity Trainings shall: a. Participate in Cultural Resources Sensitivity Training as described above; or b. Shall be provided a Cultural Resources Sensitivity Training guide for all personnel that is approved by the Lead archaeologist and, c. The Cultural Resources Sensitivity Training guide shall be kept available for all personnel to review and be familiar with as necessary. #15 MM 4.5-2. During all construction and mining activities, the maximum During all construction and Kern County Planning and Natural mining depth shall be 145 feet below original grade and extraction will mining activities Resources Department; Kern be limited to alluvium materials. County Public Works Department Steps to Compliance: A. The proponent or operator shall ensure construction and mining activities do not exceed the maximum mining depth of 120-145 feet below original grade. B. Evidence of compliance shall be submitted to the Kern County Planning and Natural Resources Department. Solari Sand and Gravel Project Page 11 of 27 FINAL Mitigation Measure Monitoring Program Planning Commission – September 22, 2016 EXHIBIT C Mitigation Monitoring Program For Solari Sand and Gravel Project Draft EIR Time Frame for Responsible Monitoring Impact Mitigation Measure Date Initials Implementation Agency C. Kern County Public Works Department will field verify, during mining activities. #16 MM 4.5-3. During all construction and operation activities, in the event During all construction and Kern County Planning and Natural human remains are discovered on-site, all work must halt within 50 feet operation activities Resources Department; Kern of the find, and the County Coroner notified according to Section County Coroner; Native American 5097.98 of the State Public Resources Code and Section 7050.5 of Heritage Commission California’s Health and Safety Code. If the remains are determined to be Steps to Compliance: Native American, the coroner will notify the Native American Heritage A. In the event human remains are discovered onsite, all work shall halt within 50 Commission, and the procedures outlined in Section 15064.5(d) and (e) feet of the find, and notify the County Coroner. of the State California Environmental Quality Act (CEQA) Guidelines B. If the remains are determined to be Native American, the coroner will notify the shall be followed. Should it be necessary to notify the County Coroner or Native American Heritage Commission, and the procedures outlined in CEQA the Native American Heritage Commission, the Kern County Planning Section 15.064.5(d) and (e) shall be followed. and Natural Resources Department shall be advised. C. Should it be necessary to notify the County Coroner or the Native American Heritage Commission, the Kern County Planning Department shall be notify immediately. #17 MM 4.5-4. During all construction and operation activities, if any During all construction and Kern County Planning and Natural paleontological resources (fossils) are discovered during ground mining activities Resources Department; Southern San Joaquin Valley Archaeological disturbing activities, work shall cease within 50 feet of the discovery, the Information Center Kern County Planning and Natural Resources Department shall be immediately notified and a qualified paleontologist contacted to evaluate Steps to Compliance: the find and, if necessary, mitigated prior to resumption of work. The A. In the event paleontological resources (fossils) are discovered during ground project proponent shall comply with the recommendations of the disturbing activities, work shall cease within 50 feet of the discovery, the Kern paleontologist, a copy of which shall be transmitted upon issuance to the County Planning and Natural Resources Department shall be immediately Kern County Planning and Natural Resources Department and the notified and qualified paleontologist contacted to evaluate the find and, if Southern San Joaquin Valley Archaeological Information Center. necessary, mitigated prior to resumption of work B. The project proponent shall comply with the recommendations of the paleontologist, a copy of which shall be transmitted upon issuance to the Kern County Planning and Community Development and the Southern San Joaquin Valley Archaeological Information Center. Justification: Changes or alterations to the project have been required to substantially reduce the potentially significant environmental effects identified in the Draft EIR to the extent feasible. Solari Sand and Gravel Project Page 12 of 27 FINAL Mitigation Measure Monitoring Program Planning Commission – September 22, 2016 EXHIBIT C Mitigation Monitoring Program For Solari Sand and Gravel Project Draft EIR Time Frame for Responsible Monitoring Impact Mitigation Measure Date Initials Implementation Agency 4.6 Geology and Soils #18 MM 4.6-1. Prior to commencement of mining operations, the project Prior to commencement of Kern County Public Works proponent shall cause engineered plans to be prepared by a civil mining, grading or Department engineer, certified engineering geologist, or geotechnical engineer construction activities licensed in the State of California, and supported by a geotechnical Steps to Compliance: report, which identifies maximum daily operational slopes of the mine. A. The proponent shall cause engineered plans to be prepared by a civil engineer, The project proponent shall submit the engineered plans to Kern County certified engineering geologist, or geotechnical engineer licensed in the State of Public Works for review and incorporation into the approved surface California, and supported by a geotechnical report, which identifies maximum mining and reclamation plan in accordance with the provisions of the daily operational slopes of the mine. Surface Mining and Reclamation Act (SMARA) of 1975 and Section B. The project proponent shall submit the engineered plans to Kern County Public 19.100 of the Kern County Zoning Ordinance. Works for review and incorporation into the approved surface mining and reclamation plan in accordance with the provisions of the Surface Mining and Reclamation Act (SMARA) of 1975 and Section 19.100 of the Kern County Zoning Ordinance. #19 MM 4.6-2. Prior to commencement of mining operations, the project Prior to commencement of Kern County Public Works proponent shall cause engineered plans to be prepared by a civil engineer mining, grading or Department licensed in the State of California for the development of flood control construction activities facilities and any associated maintenance for the project site. Said plans Steps to Compliance: shall address flood flows including, but not limited to, the retention of A. The proponent shall cause engineered plans to be prepared by a civil engineer any flows on site and erosion and sedimentation. The project proponent licensed in the State of California for the development of flood control facilities shall submit the engineered plans to Kern County Public Works for and any associated maintenance for the project site. Said plans shall address flood review and incorporation into the approved surface mining and flows including, but not limited to, the retention of any flows on site and erosion reclamation plan in accordance with the provisions of the Surface and sedimentation. Mining and Reclamation Act (SMARA) of 1975 and Section 19.100 of B. The project proponent shall submit the engineered plans to Kern County Public the Kern County Zoning Ordinance. Works for review and incorporation into the approved surface mining and reclamation plan in accordance with the provisions of the Surface Mining and Reclamation Act (SMARA) of 1975 and Section 19.100 of the Kern County Zoning Ordinance. #20 MM 4.6-3. Prior to commencement of mining activity, the project Prior to commencement of Regional Water Quality Control proponent shall prepare and submit a Storm Water Pollution Prevention mining activity Board, Central Valley Region; Kern Plan or, alternatively, a Notice of Non-Applicability to the Regional County Engineering, Surveying, and Water Quality Control Board, Central Valley Region, and to Kern Permit Services Department; Kern County Planning and Natural County Public Works Department- Building & Development-Survey for Resources Department review and approval. A copy of the approved Storm Water Pollution Prevention Plan or Notice of Non-Applicability shall be submitted upon Steps to Compliance: issuance to the Kern County Planning and Natural Resources A. The proponent shall prepare and submit a Storm Water Pollution Prevention Plan Department. or, alternatively, a Notice of Non-Applicability to the Regional Water Quality Solari Sand and Gravel Project Page 13 of 27 FINAL Mitigation Measure Monitoring Program Planning Commission – September 22, 2016 EXHIBIT C Mitigation Monitoring Program For Solari Sand and Gravel Project Draft EIR Time Frame for Responsible Monitoring Impact Mitigation Measure Date Initials Implementation Agency Control Board, Central Valley Region, and to Kern County Engineering, Surveying, and Permit Services Department for review and approval. B. A copy of the approved Storm Water Pollution Prevention Plan or Notice of Non- Applicability shall be submitted to the Kern County Planning and Natural Resources Department. #21 MM 4.6-4. Final slopes shall have a maximum overall slope of 3:1 Beginning with the Kern County Planning and Natural (horizontal: vertical) and a final depth of excavation of 145 feet below commencement of mining Resources Department; Kern terrain level. Steeper final slopes and/or depths may be approved in as authorized by this County Public Works Department accordance with the provisions of the Surface Mining and Reclamation approval, and continuing Act (SMARA) of 1975 and Section 19.100 of the Kern County Zoning thereafter Ordinance. Steps to Compliance: A. The proponent or operator shall ensure construction and mining activities do not exceed the maximum mining depth of 120-145 feet below original grade. B. Evidence of compliance shall be submitted to the Kern County Planning and Natural Resources Department. C. Kern County Public Works Department will field verify, during mining activities. #22 MM 4.6-5. Prior to issuance of grading and building permits, the project Prior to issuance of grading Kern County Planning and Natural proponent shall prepare a grading plan for the construction of the and construction permits Resources Department; Kern temporary plant fixtures, which shall include storm water basins, barriers County Public Works Department and control techniques of adequate size to eliminate offsite erosion and Steps to Compliance: sedimentation. The grading plan shall be submitted to the Kern County A. The proponent shall prepare a grading plan for the construction of the temporary Public Works Department for review and approval. A copy of the plant fixtures, which shall include storm water basins, barriers and control approval will be submitted to the Kern County Planning and Natural techniques of adequate size to eliminate offsite erosion and sedimentation. Resources Department, upon approval. B. The grading plan shall be submitted to the Kern County Public Works Department for review and approval. A copy of the approval will be submitted to the Kern County Planning and Natural Resources Department. #23 MM 4.6-6. Beginning with the commencement of mining as authorized Beginning with the Kern County Planning and Natural by this approval, and continuing thereafter, leakage from waterlines, commencement of mining Resources Department; Kern irrigation systems, etc. or bypassing of clogged drains should be repaired as authorized by this County Public Works Department as soon as practicable and sprinkler systems (if installed) shall be approval, and continuing thereafter adjusted to account for natural rainfall throughout the life of the proposed project. Steps to Compliance: A. The proponent or operator shall ensure leakage from waterlines, irrigation systems, etc. or bypassing of clogged drains should be repaired as soon as practicable and sprinkler systems (if installed) shall be adjusted to account for natural rainfall throughout the life of the proposed project. B. In the event that leakage from waterlines, irrigation systems, etc. or bypassing of Solari Sand and Gravel Project Page 14 of 27 FINAL Mitigation Measure Monitoring Program Planning Commission – September 22, 2016 EXHIBIT C Mitigation Monitoring Program For Solari Sand and Gravel Project Draft EIR Time Frame for Responsible Monitoring Impact Mitigation Measure Date Initials Implementation Agency clogged drains is detected, the proponent shall notify the Kern County Planning and Natural Resources Department and shall ensure the leak is repaired as soon as practicable. Evidence of repair shall be submitted to the Kern County Planning and Natural Resources Department. Kern County Public Works Department will field verify, following notification #24 MM 4.6-7. Beginning with the commencement of mining as authorized Beginning with the Kern County Planning and Natural by this approval, and continuing thereafter, surface water entering the commencement of mining Resources Department; Kern site shall not be allowed to flow over the proposed mine slopes other as authorized by this County Public Works Department than incidental rainfall and irrigation, or as otherwise contained in the approval, and continuing thereafter flood control channels. Steps to Compliance: A. The proponent or operator shall ensure surface water entering the site shall not be allowed to flow over the proposed mine slopes other than incidental rainfall and irrigation, or as otherwise contained in the flood control channels. B. In the event that surface water, other than incidental rainfall and irrigation, is det