Madera Ranch, Inc.

Recommendations 1

• R1

  Page 193
  The Grand Jury has requested responses to Recommendations in the 2006-07 Madera County Grand Jury Final Report on the "Madera Ranch, Inc. (See Attachment #1) . II Grand JUry Recommendations "Nowhere in the Resource Management Agency (RMA) application process, Planning Commission hearings, Board of Supervisor meetings, or Environmental Impact Report (ErR) investigation is there a means to determine that the applicant is a true and legitimate Corporation or business entity. It is our recommendation that a new task be added to the POSSE program used by the RMA office. A simple and logical step, easily implemented through the POSSE program, is to require the applicant to provide proof that their business entity is valued. For example, any Corporation entering into a contract with the County must provide a certified copy of their Articles of Incorporation in their initial application. Other entities, (partnerships, limited liability companies, etc. ( must also provide entity verification. Pending this critical information, the application is 'red Page -1­ 182 flagged' until such time as the proper evidence is provided. By taking this additional step, any obfuscation of the process, from application to certification, will be eliminated. Further, this step will remove the possibility of the County entering into an agreement or contract with an invalid entity, one lacking the authority to make or fulfill the obligations set forth in an agreement or contract. As stated in the findings, the Grand Jury did not consider the local water issues, specifically related to supply and quality, to be thoroughly vetted. Therefore, we recommend prior to commencement of construction and operation, local resident's well-water quality and yield be measured and recorded. Further, during the course of construction and operation, we recommend quarterly water quality samples and yield tests be completed to ensure nearby property owners' concerns regarding water contamination and well yield are mitigated. We recommend the County, under the direction of the RMA, select a private water quality and yield agency to conduct quarterly tests, and recommend the County require the quarry owners to subsidize this testing and reporting, with reports provided to local residents, Development Review Committee and RMA on a quarterly basis." Board of Supervisors' Response to Grand Jury The response of the RMA Planning Director to this recommendation is considered appropriate and is submitted as the Board of Supervisors' response to this Recommendation. (See Attachment #2} Sincerely, c ~. n~, ~ ;;;;ooo:iJ1.n < Vern Moss Chairman Madera County Board of Supervisors Attachments Page -2­ 183 NOV-U~-U/ U4:48P MADERA co. PlANNING DEPT. 5596756573 AJLe-;.!JIAEN"-..if). ~~->~~t'.' ~Y!" RESOURCE. MANAGEMENT AGENCY ~w,,~'v~ r' I 1 PLANNING DEPARTMENT ~;~)~7~~821 FAX (559) 675-6573 Raybu rn Beach, Director T~~pl::n~~~~~~~a°-county.com DATE: November 9,2007 TO: Stan Koehler . Assistant Administrativ. FROM: Ray Beach RMAlPlanning Direc SUBJECT: Grand Jury Re rt - Madera Ranch Inc. I have reviewed the 2007-08 Grand Jury report concerning Madera Ranch Inc. and have the following response: The 2007-08 Madera County Grand Jury Report on the Madera Rancl, Inc. Grand Jury Recommendation It is recommended that a new task be added to Posse requiring a function to confirm property ownership while processing zoning entitlements. It was also recommended, prior to commencement of construction and operation, local residents well water quality and yield be measured and recorded. Response to the Grand Jury While there would appear to be an issue with the contract title ownership, a conditional use permit approval "runs with the land", not the applicant. Therefore, whoever owns the land, owns the conditional lise permit and may use it, but only subject to all conditions of approval. As to the submitting of applications, the Planning Department accepts the applications for entitlements based on the signature of tho owner at the time of submittal. Properties do change han~ and the department may not know of the change in ownership unless the owner/appl icant informs the department during the processing of their entitlements. The Board has recognized this in previous policy decisions, directing tha1 staff simply insure the applicability of all conditions to present and future ownHS. The Recommendation is being implemented. 184 ~oV-U~-U/ U4:4BP MADERA CO. PlANNING DEPT. 5596756573 P.03 The recommendation being implemented is that the Planning staff will review it's procedures for assuring that all applications are submitted and signed by the property owners. Please refer to the attached memorandum from Ken S;chmidt, a certified hydro geologist, on the proposed well monitoring program for the Madera Quarry operation. The project is required under, mitigatic-n measure 3.9-1A, to monitor water levels of adjacent wells throughout the life of the project. If you have any further questions, please feel free to contact me at 661-6333. -- H:/P.SmartiAdmin AsstJMyFlleslGrand Jury/Response to GJ Report·Madera Ranch Inclprs ~--~--~--~._--------------- 185 P.04 PlANNING DEPT. 5596756573 ....uv-v;;#-vr u~;~~y MAU~RA CO . • j MEMO To: Jack Baker, Madera Ranch, Inc. From: Ken Schmidt Datel May 1, 2007 Topic: Proposed Groundwater Monitoring Pro9r~·Madera Ranch Quarry The private wells most likely to possibly be influenced by groundwater pumping for the project are as followsl Graham West .Crandall Dibble Harris pfoutz. In addition, there are some private wells that are fa:rther distant from the proposed quarry that could be influenced by pumping for the project. These wells are located near linear sur:Eace features that extend westerly from the proposed quarry. IDol'llded are: Marcks Egland Carter Carter Allen Robnett:. Project Well Pumpage and Qewatering Monitoring of project well pumpage and Ranch well water levels would provide very useful information. Totalizing flowmeters would be used to measure well . and quarry pumpage and pu::nping rates. Measurements would be made on a monthly basis during Ne,vember-April and on a weekly basis during May-October. - Lake Evaporation Once Qua.rry dewatering stops, the area of the lilke would be 186 I P.D5 PlANNING DEPT. 5596756573 t'Cuv-V;:'-U/ U~:~~~ MAU~KA CU. 2 determined on a monthly basis. Reoords of pan evaporation would then be used to estimate evaporation on a monthly basis. These measurements would be done for several years, until :representative evaporation under varying climatic conditions is determined. Water-Level Monitoripg Transducers 'Would be installed in Ranch Wells N(:I. 1, 5, 6, and 7 to provide oontinuous records of depth to water. Water levels in all Ranch wells would be measured on a monthly basis during May­ October and every other month during November -April" Private Wells With the approval of the well owners, the five private wells discuSEled previously would be equipped with totalizi::lg flowmeters. Water levels in these wells would be manually meaElured monthly. Flowmeters would be read on a monthly basis during MI:Ly-October and every other month during November-April. For the morlil distant pri­ vate wells (if owners agree), water levels would be measured twice a year once near the end of the precipitation seaSOl:L (nonnally in I April) and once near the end of the dry period (noDNl.lly October) . I Reporting Groundwater monitoring results would be submit'l;ed to Madera County on a quarterly basis. On an annual basis, a Dlonitoring re­ port would be prepared by a certified hydrogeologillt, including p\1ll1Page tabulations, water-level elevation maps, and water-level hydrographs. The drawdowns due to project operat.ion would be determined. In addition, the hydrogeologist would rec\ommend adding or deleti.ng wells in the program based on sound hydrologic evi­ denee. " I 187