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HomeMy WebLinkAbout2000-08-22 - AGENDA REPORTS - TMC (2)AGENDA REPORT City Manager ApprovalY CONSENTCALENDAR Item to be presented by:',Maria , Rountree DATE: August 22, 2000 SUBJECT: TRANSIT MIKED CONCRETE (TMC) DEPARTMENT: City Manager W 4 0tUTtWeIq3WiT-Q Direct Legal Counsel to pursue an administrative appeal of the Bureau of Land Management's record of decision (ROD) on the TMC sand and gravel mining project. On August 1, 2000, the Bureau of Land Management (BLM) signed a record of decision approving the TMC project alternative identified in the FEIS published June 2, 2000, known as the Reduced North Fines Storage Area (NFSA) alternative as modified. This decision directs the manner in which TMC is authorized to extzact a total of 78 million tons of material to produce and sell approximately 56.1 million tons of sand and gravel from the Soledad Canyon area. Mining will take place Over a 20 -year period in conformance with Federal contracts issued by BLM to TMC in 1990. Key provisions of the Reduced NFSA alternative, as modified in BLM's decision, include: • A conveyor belt transport system has been added, in an effort to decrease truck traffic. • A deeper mine cut, allowing for additional storage of excess earthen fines <nu*ne waste) at the mine excavation area instead of the north fines storage area. • Fines to not be stored on the north side of the mountain until year 15 of the contract period, instead of year one as originally proposed. • A 50 percent reduction of fines stored in the north fines storage area. • A reduction in the ridgehne elevation reduction from 80 to 150 feet instead of the 120- 230 feet presented in the original proposal. Furthermore, as a condition of approval, TMC is required to comply with the mitigation measures specified in the decision; the provisions of the mining reclamation plan as described in the FEIS; and the financial bonding requirements also specified in the decision. In addition, TMC must consult with and obtain approvals from county and state regulatory agencies, and any other permits or authorizations required by law. f 11 Transit Mixed Concrete (TMC) August 22, 2000 Page 2 According to the record of decision, *Mhe Iteduced NFSA alternative with additional modifications was chosen because it permits the economic development of an im ortant . p mineral resource while reducing identified environmental impacts to an acceptable level." Additionally, the BLM states that they have "carefully considered all reasonable means to minimize adverse environmental impacts from development of the Federal mineral resources to air quality, public health and safety, water resources, traffic congestion, noise, visual quality and wildlife, including threatened or endangered species as described in the decision." The City continues to maintain that the TMC project should not be approved by the BLM, due to the continued negative environmental impacts associated with the prcdect. According to the record of decision, a notice of appeal must be filed with the BLM within 30 days from the date of public notice of the record of decision (August 1, 2000). In order to file an appeal, the City Council must provide this direction to legal counsel. ALTERNATIVE ACTIONS 1. Do not seek an appeal of the record of decision. 2. Other action as determined by the City Council. No direct additional fiscal impact will occur MRJs s:%=\ccagenda\8-M-0G\U=PpeaI.dm