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November 8, 2024 <br />Page 29 <br /> <br />7357-013acp <br /> printed on recycled paper <br />upon submittal of soil impact reports to ACDEH documenting “soil being imported <br />to the parcel to restore the former quarry in accordance with the Reclamation Plan <br />being implemented under the oversight of Alameda County Community <br />Development Agency on the Former Aggregates Facility under Surface Mining <br />Permit (SMP) 31.”145 The DEIR’s air quality modeling relies on CalEEMod inputs <br />that provide that there will be zero cubic yards of material imported and exported <br />from the Project site associated with Site Preparation, Grading, or Paving.146 But, <br />the DEIR provides that import and export of grading material would be limited to <br />an off-site location.147 ACDEH requires that “if additional soil is proposed to be <br />imported to the site during redevelopment activities additional documentation will <br />be required to be submitted to ACDEH for review and approval.”148 The DEIR’s <br />reliance on an artificial zero cubic yards of imported and exported material <br />precludes the necessary oversight by ACDEH. <br /> <br />The County must fully investigate and disclose the status of the mine closure <br />in the EIR, and must require that any and all residual contamination at the Project <br />site be cleaned to residential environmental screening levels (“ESLs”) before any <br />Project construction activities are allowed to commence. <br /> <br />VII. THE DEIR FAILS TO ADEQUATELY DISCLOSE, ANALYZE, AND <br />MITIGATE POTENTIALLY SIGNIFICANT LAND USE <br />INCONSISTENCIES <br /> <br />Under CEQA, a significant environmental impact results if there is a conflict <br />with any land use plan, policy, or regulation adopted for the purpose of avoiding or <br />mitigating an environmental effect.149 Under State Planning and Zoning Law, a <br />project cannot be found consistent with a general plan if it conflicts with a general <br />plan policy that is “fundamental, mandatory, and clear,” regardless of whether it is <br />consistent with other general plan policies.150 <br /> <br /> <br /> <br /> <br />145 Id. <br />146 DEIR, Appendix B: Air Quality, Greenhouse Gas, and Energy Supporting Information, p. 117. <br />147 Id. <br />148 <br />149 Endangered Habitats League, 131 Cal.App.4th at 783–784 (Project’s inconsistencies with local <br />plans and policies constitute significant impacts under CEQA). <br />150 Id. at 782–783; see also Families Unafraid to Uphold Rural El Dorado County v. Bd. of <br />Supervisors (1998) 62 Cal.App.4th 1332, 1341–1342 (holding that project was clearly inconsistent <br />with fundamental policy within land-use element of Draft General Plan).