The Gravel Mining Companies Operating Adjacent to Cache Creek are Continually Violating Numerous Provisions of the Yolo County Surface Mine Reclamation Ordinance
February 08, 2025
The following was emailed to [email protected] and [email protected] on Feb 7, 2025 with a request that the memo be forwarded to the Planning Commission and the Board of Supervisors
From: Alan Pryor, Chair – Sierra Club Yolano Group
To: Yolo County Planning Commissioners
Date: February 7, 2025
Re: The Gravel Mining Companies Operating Adjacent to Cache Creek are Continually Violating Numerous Provisions of the Yolo County Surface Mine Reclamation Ordinance
On behalf on the Sierra Club Yolano Group, attached please find a report in which numerous violations of Yolo County’s Surface Mining Reclamation Ordinance are disclosed and documented. Download Yolo County Gravel Mining C
Further, these violations were not disclosed last year to the Planning Commission when it was charged with certifying the 2023 Annual Compliance Report regarding off-channel gravel mining as required by County Code.
Instead, as explained in the attached report, false representations that all of the mining companies were in compliance with the provisions of all applicable mining ordinances in the State and Yolo County were made to the Planning Commission in Findings of Fact statements.
The ongoing failure by the County to enforce the provisions of the applicable mining ordinances in Yolo County has resulted in continued production and bioaccumulation of methyl mercury to excessive levels in fish in most of the impoundment pits on the mining sites and required Lake Management Plans to remediate the problems have not been implemented. These compliance shortcomings have also resulted in the ongoing failure by the mining companies to fully restore formerly mined farmland back to its pre-existing soil quality and crop productivity.
This is fully explained in the attached report entitled, “Yolo County Gravel Mining Companies are Continually Violating Numerous Provisions of the Surface Mining Reclamation Ordinance_2-7-25”.
We request that the Planning Commission refrain from wrongfully certifying that mining companies are in compliance with Yolo County mining ordinances in the future. We additionally request that the Planning Commission not permit or entitle any future new mines or extensions or expansions of existing mines in Yolo County until such mining companies are in full compliance with all existing ordinances.
Toward that end, we ask that the following questions be addressed with detailed written answers.
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- Failure by the Mining Companies to Begin Methyl Mercury Monitoring in a Timely Manner - Methyl mercury monitoring is required by the Surface Mining Reclamation Ordinance to begin at every mine as soon as a wet pit is created and navigable by boat. There are some pits that have been in existence for years (e.g Granite Capay) that have not ever had annual methyl mercury monitoring reported.
Question - Are all impoundment pits currently being monitored as required by the Reclamation Ordinance? If not, why are they not being monitored and will when such monitoring begin?
- Regarding Timing of Annual Methyl Mercury Monitoring Reports submitted to the County by the Mining Companies - The Yolo County Surface Mining Reclamation Ordinance requires annual monitoring of methyl mercury in fish between September and November for mines with active impoundment pits containing water and that such reports be submitted to the County within 6 months of sampling – or no later than from March to May of the following year depending on when samples were taken.. The last monitoring reports were submitted in late 2022 for samples taken in the years 2020 and 2021. The last methyl mercury reporting reports were thus from a minimum of about 6 months to almost 2 years late as otherwise required by the Surface mining Reclamation Ordinance. No monitoring reports have yet been submitted for 2022 and 2023 and are similarly from about 6 months to almost 2 years late as otherwise required. The monitoring report for 2024 is due, at latest, from 2 months to 5 months depending on when the samples were taken.
Question - When will the mining companies submit the overdue reports for these years and what will the County do to ensure the reports are filed in a timely manner in the future?
- Regarding Ongoing Failure by the Mining Companies to Implement and Report Expanded Lake Monitoring in a Timely Manner – Similar to deadlines for reporting annual monitoring results for methyl mercury in fish, expanded monitoring results must be be submitted to the County within 6 months of such measurements. No reports have yet been submitted for 2022, 2023, and 2024 and the mining companies are thus not compliant with the Surface Mining Reclamation Ordinance.
Question - When will the mining companies submit the overdue Expanded Monitoring reports for these years and what will the County do to ensure the reports are filed in a timely manner in the future?
- Regarding Ongoing Failure by the Mining Companies to Implement Lake Management Plans in a Timely Manner – The County’s aquatic Biologist stated in the 2020 annual monitoring report that preparation of lake management plans were indicated for a number of mines based on the expanded water and pit sediment testing results previously reported. Such lake management plans are required to be implemented within 3 years of completion of expanded testing – or by the end of 2023 at the latest. However, no such plans have even yet been submitted to the County for review much less implemented. The aquatic biologist also stated in the 2021 monitoring results report that additional lake management plans were indicated for other mines based on the further expanded analysis reported. Such additional lake management plans should have been implemented by the end of last year but none have been even submitted for review.
Question - When will the mining companies implement the overdue lake management plans?
- Regarding Failure by Yolo County to Determine Baseline Methyl Mercury Levels Every Ten Years – The Reclamation Ordinance requires the County to determine the ambient or “baseline” fish mercury levels in Cache Creek “every ten (10) years in years ending in 0”. The last reported baseline measurements were taken in 2011 and should have been taken in 2020. They are now overdue by about 4 years.
Since the county has been in violation for so long, maybe this letter should also be sent to the state agency or agencies responsible for overseeing SMARA. Yolo County grand jury could also look into it?
Posted by: Jay | February 08, 2025 at 07:22 PM