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HomeMy WebLinkAbout017-080-023r ji ShNTOS_,.-Tony. __ _ _ 808-68B _ t -- _ _ g7g-6gP '�?rM 67-69E app. 1 mi. W. -of Hwy. 2 at 10.ri. hou e Onew single family) c,� SL 017, 060 --70z3 r . � 1 \ � � • i � ! . y Y Butte County Department ofDevelopment Services YVONNE,CHRISTOPHER, DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * GIS * PLANNING April 28, 2004 Scott and Ellen Stephens P. O. Box 325 Vina, CA 96092 CERTIFIED MAIL Re: Use Permit UP 04-09, APN 011-040-023 Dear Mr. and Mrs. Stephens: Enclosed is your validated Mining Permit, MIN 99-02, amended by UP 04-09, for the Deer Creek Rock Mine, located on Canyon Shadows Road, approximately 1.5 miles northeast of the intersection of Canyon Shadows Road and SR -32. Should you have any questions regarding this matter, please contact this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Roni Thornton Office Assistant H Enc. cc: Land Development Division (g) Building Division (y) Environmental Health (p) Department of Forestry (gld) Larry Painter MINING PERMIT BUTTE COUNTY PLANNING COMMISSION APR 2 8 2004 DATE: (Certified Mail Ree.) MIN 99-02 (amended by UP 04-09) PERMIT NO. 063-290-056 & 063-290-057 ASSESSOR'S PARCEL NOs. Pursuant to the provisions of the Zoning Ordinance and the Surface Mining Ordinance of the County of Butte and the special conditions set forth below, Scott D. Stephens is hereby granted approval of a Mining Permit for the Deer Creek Rock Mine, to operate a surface rock quarry, rock crusher and screen, on 5 -acres, in accordance with the approved Mining Permit (File No. Min 99-02/UP 04-09) and to reclaim this rock quarry in accordance with the approved Reclamation Plan. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this use permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The mine operator shall commence operations within 5 (five) years from the date of issuance of the permit. Should operations not commence within said 5 (five) years the permit shall expire and become void, unless extended by the Planning Commission prior to expiration. Amendments to an approved Mining Permit maybe submitted to the Planning Commission, detailing proposed changes to the original plan. Substantial deviations from the original plan shall not be undertaken until such amendment has been filed with and approved by the Planning Commission. The Planning Commission shall set a public hearing regarding such amendments in the same manner as provided for in Butte County Code Section 13-107. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. 6. Prior to use of the site for the proposed use the applicant shall contact the Planning Division for a field inspection to verify that all conditions and ordinance requirements have been met. Conditions of Approval: Planning Division: 1. All Reclamation work shall be in substantial compliance with the approved Reclamation Plan. 2. Annual inspection of the mine shall be conducted in accordance with the Surface Mining and Reclamation Act. All applicable inspection fees shall be paid in accordance with adopted rates. 3. The applicant shall ensure that all ground surfaces left exposed are covered or treated sufficiently to minimize fugitive dust emissions during any reclamation and mine operation activities where dust particles may become airborne. (Mitigation Measure # 1) 4. The applicant shall apply for and receive an authority to construct permit from the Air Quality Management District prior to operations. (Mitigation Measure #2) The approximately 75 native blue oaks (Quercus Douglasii) and live oaks (Quercus wizlizenii) removed as a result of mine development within the 5 -acre mine site shall be replaced during reclamation on a two-for-one basis, within the 5 acre area. Oaks shall be planted on 15 foot centers. The plantings shall be monitored for a period of three years. (Mitigation Measure #3) 6. During development activities, should any archaeological artifacts be discovered, the Planning Division shall be notified immediately, and all work shall cease until a qualified archaeologist has examined the artifacts and the site and submitted his or her findings to the Planning Division, and recommended clearance to continue. Re -commencement of construction shall be upon the approval of the Planning Division. (Mitigation Measure #5) 7. Prior to disturbance in the area to be mined, a storm water run-off retention pond shall be developed in accordance with the exhibit maps for this Deer Creek Mine. The retention pond shall be designed to accept storm water run-off to the satisfaction of the Regional Water Quality, Control Board. (Mitigation Measure #4) In order to minimize off-site sediment transport and erosion during mine operation and reclamation the following measures shall be followed: a. The mine floor shall be graded to a slope of 1 percent as per the exhibit map submitted for this Mining Permit. This is intended to create a positive drain at a very slow rate, towards the detention pond. b. All topsoil at the mine site shall be conserved for later use in reclamation. A V -type ditch shall be located above the stockpile to divert drainage away from the stockpile and mining area. The stockpile shall be seeded, in accordance with the re -vegetation plan, and a silt fence shall be installed down grade to prevent erosion. The slope of the stockpile shall not exceed 2:1. (Mitigation Measure #6) 9. The following measures shall be followed during all times of mine operation: a. Upon commencement of normal mining and processing activities at the project site, a follow-up noise level survey shall be conducted to check the accuracy of the modeling effort prepared for this project. If the measured noise levels exceed the recommended project standards of significance, additional noise control measures 2 shall be implemented to reduce the noise levels to a state of compliance. Such measures shall include 1) lining hoppers and chutes with heavy urethane sheets, utilizing urethane screen decks (rather than steel), and 2) suspending acoustic curtains around specific equipment which is found to be the source of the noise level. b. The proposed earthen berm comprised of topsoil/overburden materials shall be erected as proposed. c. Hours of operation, and project related construction activities, including improvements to Canyon Shadows Road, shall be limited to 7:00 a.m. to 5:00 p.m., Monday through Friday, with no crushing or blasting operations allowed on Saturday or Sunday. Only maintenance operations shall be allowed on Saturday or Sunday. d. Use of explosives shall be limited to the hours of 10:00 a.m. and 3:00 p.m., Monday through Friday and limited to two times per year. All explosive detonations performed for this project shall be conducted within the same one-hour period. No explosives shall be used during the fall or winter periods of the year, unless a qualified survey is conducted which concludes that salmon are not present in Little Chico Creek. A minimum of 24 hours prior notification of blasting operations shall be made to the Planning Division, Sheriff, and to all residences within one (1) mile of the quarry site. e. The blasting contractor shall design the shots so as not to exceed maximum noise levels of 70 dB at existing residential areas. (Mitigation Measure #10) 10. The following measures regarding the intersection of Humboldt Road and State Route 32 shall be carried out to the satisfaction of the California Department of Transportation, in order to improve site distance and safety of the intersection: a. Trees shall be pruned and brush shall be removed on the south side of SR -32 to clear any obstructions within the 800 -foot intersection sight line. The existing sign located east of the intersection shall also be removed and replaced at a location agreeable to the owners and CalTrans. b. A temporary "Truck Crossing" sign shall be placed on a barricade to advise drivers of the new type of truck traffic accessing the intersection. C. The Centerline of Humboldt Road shall be striped to allow for truck turns at the intersection. (Mitigation Measure #13) 11. A bond or other form of acceptable security shall be established for the purposes of fulfilling the financial assurance requirements of the California Surface Mining and Reclamation Act in the amount of $20,587.30. Said security shall be made payable as follows: "Chair, Butte County Board of Supervisors or the Department of Conservation." All securities shall comply as to form and content with the latest financial assurance guidelines provided by the Department of Conservation. This amount shall be reviewed annually by the County pursuant to the Surface Mining and Reclamation Act. 3 12. Revegetation Plan After final earthwork is completed and plan grade is achieved, the quarry floor will be ripped and the stockpiled topsoil will be reapplied over the extraction area and the cut bank. The site shall be reseeded in mid-October with the following species: • Zorro fescue, @ 3 lbs/acre • Bland brome, @ 10 lbs/acre • Rose clover, @ 10 lbs/acre • Burr clover, @ 5 lbs/acre • Lana vetch, @ 15 lbs/acre Fertilizer will be applied at a rate of 501bs./acre at the time of seeding. The entire site will be covered with a straw mulch to enhance propagation and limit erosion. Additionally, blue oaks (Quercus douglasii) removed during mining will -be replaced on a two-for-one basis on 15 foot centers. The performance of revegetation shall be monitored over a three-year period. An 80 percent cover of three of the five listed species shall be required. All revegetation activities will be in accordance with the approved reclamation plan. 13. No water shall be drawn from Little Chico Creek for use in the mining operation. 14. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. Public Works 15. In order to ensure that truck traffic does not interfere with local traffic flows on Canyon Shadows Road and the surrounding residential subdivisions, all truck traffic accessing the mine site shall be restricted from using Canyon Shadows Road northeast of the mine site. Trucks accessing the mine site shall only utilize that portion of Canyon Shadows Road southwest of the mine site. (Mitigation Measure #9) 16. No truck traffic shall be allowed on Humboldt Road west of Canyon Shadows Road. (Mitigation Measure #12) 17. The applicant shall rebuild Humboldt Road from Canyon Shadows Road to State Route 32 to an RS 3 RS -3C County Improvement Standard, to the satisfaction of the Butte County Department of Public Works. (This condition is shown as amended by UP 04-09, which amended this condition and no others) 18. Obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. 19. A permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on- site and or conveyed to the nearest natural or publicly maintained drainage channel or facility 4 and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. Environmental Health Department 20. Prior to installing any fuel at the property, a Hazardous Materials Business Plan shall be submitted to, and approved by, the Butte County Environmental Health Department. The applicant shall maintain fuel storage in accordance with the plan at all times. (Mitigation Measure #7) 21. Portable restrooms shall be maintained at the mine site. 22. Potable water shall be provided at the mine site from an approved source. This may require piping water from the well located approximately 3/8 of a mile from the mine site. Butte County Fire Department 23. In order to reduce the risk of accidental wildland fire, spark arresters are required on all internal combustion engines used during mine operation and reclamation, in accordance with the Butte County Fire Department and Public Resources Code Section 4442. (Mitigation Measure # 11) 24. Any new structures shall meet the fire safe regulations of Butte County and Public Resources Code Section 4290. Central Valley Regional Water Quality Control Board 25. Prior to mine development and operation, the applicant shall receive water quality certification and a general industrial activities storm water permit from the Central Valley Regional Water Quality Control Board. (Mitigation Measure 48) Indemnification Agreement 26. Applicant or any other operator other than the owner agrees to enter into an indemnification agreement to indemnify the County of Butte from liability or loss related to the approval of this project in a form approved by County Counsel. I hereby declare under penalty of perjury that I have read the foregoing conditions, that they are in fact the conditions which were imposed upon the granting of this Mining Permit, and that I agree to abide fully by said conditions. Dated: 02, 5 NOTE: Issuance of this Mining Permit does not waive requirement of o tainin Building d Health Department permits before starting construction, nor does it w ' an oche equir nts. Butte County Planning Commission Chairman CC: Land Development Division Building Division Health Department Department of Forestry K:\Planning\PROJECTS\1\41MSTEPHENS. MIN 99-02Vmin99-02 (amended).doc e ll USE PERMIT EXHIBIT MAP ATTATCHIVIENT 1. N 7 OCT 0 0 2003 BUTTE COUNTY PLANNING DIVISION Applicant: Scott Stephens MINOR U.P. ADM.PERMIT P.O. Box 325, PLANNING COMMISS. Vina, CA 96092 530 DIRECTOR OF ( ) 839-2441 -DEVELOPMENT SERVICES A.P. #: 11-04-23 Intersection of Hwy 32 and Humboldt Road The uppermost 800 feet of Humboldt Road (at the intersection of Hwy 32) will be widened from a current width of approximately 16 feet to a width of 24 feet, plus the shoulder, meeting the RS -3, C standard. 5' 1' 1s' � la' --� Hinge Point Mingo +— — 2% —2 % Point 0.50' f ` SUBGRADE 95 % COMPACTION i-- B"CLASS 2 A. B. 3/4 " MAX. p 2" TYPE - 8 A.C_ t/2 " MAX. � FOG SEAL 0 GRADED DITCHES MINIMUM TI = 4,5 jk MAJOR ROAD A 30! 5' 1' 14` Hinge Point 1 Hinge + — 2% —2% --► Point O.SO'� , "SUBGRADE 95% COMPACTION 8" CLASS 2 A.B. 3/4." MAX. A P P R 0 V9E D 2°TYPE. B A.C. 1/2 " MAX. FOG SEAL . DevelopmenPPlan DATE MAR 1 GRADED DITCHES MINIMUM >f USE PERMIT /' VARIANCE T1=3.5 LOCAL ACCESS ROAD B MINOR U.P. ADM.PERMIT kd PLANNING COMMISS. DIRECTOR OF DEVELOPMENT SERVICES 2s' 5' t' 12' Hinge Point t H1nge 2% _ 2 n/o Point 0.50' ' '- 1 .` `SUBGRADE 93 % COMPACTIONS - o � i° S" CLASS 2 A.B. 3/4." MAX,— C 2" TYPE' B A.C. 1/2" MAX. FOG SEAL MINIMUM # NOTE: Prime A.B. Prior to Poving. GRADED DITCHES TI = 3.5 MINOR ROAD _.. c SUBJECT TO ENGINEERING ANALYSIS *SEE NOTE RS -2 NOTE 60' Minimum R/W' width UOUNTY OF BUTTE DEPARTMENT OF PUBLIC WORKS TYPICAL SECTIONS FOR TITLE RURAL -SUBDIVISION VALLEY STANDARD NO. R S - 3 TYPE ROADS SCALE I " = s' - 0"