REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
January 23, 2024
FROM
MARK WARDLAW, Director, Land Use Services Department
SUBJECT
Title
Non-Financial Memorandum of Understanding with the City of San Bernardino and Vulcan Materials Company for Mining Review and Inspection Services
End
RECOMMENDATION(S)
Recommendation
Approve a non-financial Memorandum of Understanding with the City of San Bernardino and Vulcan Materials Company to designate the County as the lead agency under the Surface Mining and Reclamation Act and the California Environmental Quality Act for the consolidation of two separate surface mining and processing operations located within the City of San Bernardino and the County under a single reclamation plan, effective January 23, 2024 through the mining period.
(Presenter: Mark Wardlaw, Director, 387-4431)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally-Responsible and Business-Like Manner.
Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.
FINANCIAL IMPACT
Approval of this item will not result in the use of additional Discretionary General Funding (Net County Cost). Sufficient appropriation and revenue to consolidate two reclamation plans into one have been included in the Land Use Services Department, Planning Division 2023-24 budget. All costs of processing related development applications/permits are paid by the applicant, Vulcan Materials Company (Vulcan).
BACKGROUND INFORMATION
Vulcan currently operates two separate and adjacent surface mining and processing operations, Cajon Creek Quarry located in the City of San Bernardino (City) and Area Q Quarry located in the County. The two operations are located between Cajon Boulevard and Cajon Creek, between Industrial Parkway and an unnamed County flood control channel.
Vulcan is proposing certain changes to its operational characteristics under existing City and County entitlements for its mining operations. This includes certain amendments to the City and County entitlements, as well as consolidation of the two separate surface mining and processing operations under a single reclamation plan (Project), pursuant to the Surface Mining and Reclamation Act of 1975, Public Resources Code §2710 et seq. (SMARA).
In accordance with SMARA, state law requires that a surface mining operation within the jurisdiction of two or more public agencies consolidate operations under one Lead Agency. A Lead Agency, under SMARA, is a public agency that has principal responsibility for reclamation plan and financial assurance review and approval, mine inspection, and enforcement. If a question arises as to which public agency is the Lead Agency, any affected public agency or the mine operator may submit the matter to the State Mining and Geology Board to determine which public agency has principal SMARA responsibility.
To resolve the issue of who will serve as the Lead Agency for the Project, the Memorandum of Understanding (MOU) designates the County as the SMARA Lead Agency for the Project with principal responsibility for review and approval of the reclamation plan and financial assurances, mining inspections, and SMARA enforcement.
The MOU also designates the County as the Lead Agency under the California Environmental Quality Act, Public Resources Code §21000 et seq. (CEQA). The County will act as the CEQA Lead Agency for environmental review of the Project and will have all discretion to fulfill the obligation of a CEQA Lead Agency in connection with processing the Project. The City will use the CEQA document in its role as responsible agency.
The City and County agree that nothing in the MOU precludes the City and County from the proper exercise of its land use or police powers or constitutes a waiver of any lawful discretion under any law regarding the City and the County’s future determination on Vulcan’s request for Project approvals or permits from the respective jurisdictions. Under the MOU, the City and County will provide each other with a minimum of 10 days’ notice before any public hearing on land use matters and before any discretionary approvals associated with the Project, Vulcan has agreed to defend, indemnify, and hold harmless the County and City from any third-party action challenging the MOU.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Jason Searles, Supervising Deputy County Counsel, 387-5455) on December 7, 2023; Finance (Penelope Chang, Administrative Analyst, 387-4886) on December 7, 2023; and County Finance and Administration (Robert Saldana, Deputy Executive Officer, 387-5423) on December 19, 2023.