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HomeMy WebLinkAbout041-120-007III IiIIIIIIIIIIIltItIIIIIIlIA It IIII4M IIItIIIIIIIIIII-0 41 iIIIIr 1. 4 IItIIIIIIIIII4W IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIItIIIIIIIIIII p IIIIIIIIIIIfIIIIIIfIIIIIIIIItIII4 IIIIIIIIIIIIII7 IIIIIIIItIIiIIlIIIej Ill;. vr 10 4A A' lIIIIIIIIIor IIIIIIIIIIIII;4. IAp IItIIIV IIIIIIIA L IIIIIIIIIilIt z IP R 1: N T E D APR A :i994 C. 7 ?o ENGINEERIPA SURV040- IIIG GUA & ir 7 Z11Q 220GRANDAVENU� ORO II - 14, PAR "r F Du e rrContractiln n proposed lDt �lg , measures e regarding pacts and Mininc miPern/ReclaatPIr i on property Xzoned "U" (Unclassified) and A-160 (Agricultural - 160 acreparcels) located east of (lark Rrad, along Lary Creek, identified as AP 041-120-007, 115, Central Butte County. (SH) (VIDEO) The Commission waived the presentation of the Staff Report. A vic'eo of the site was shown. Commissioner Nelson asked about the bridge concerns raised by CalTrans? Mr. Hackney said CalTrans was concerned with bridges having footings located in the drainage area, The extraction of a gravel operation in this case would not effect the supports of the bridge. He said this bridge does not have such footings. He said this project will not be expanding road traffic on Clark Goad. Commissioner Nelson asked if there is buffering along Clark Road? Mr. Hackney said no, and the applicant could speak more on this. He said the mining operation is far inside the property. Chairman Lambert asked, as a general side comment, that the property owner's name ba placed on the reports. Commissioner Lynch asked how far back the cattle guard was from Clark Road? Mr. Hackney said approximately 60 feet. He said they are requiring paving from Clark to the cattle guard. Commissiorer Seegert asked if the mining operation was outside of the channel? Mr. Hackne, said yes, the mining site is outside of the channel, but is in, a flood plain. The hearing was opened to the public. Ken Lenhardt, GDA, Bald thli� is one of the oldest quarries in Butte County. He said this is not crushing operation, that it is strictly a screening operation. He said Mr. Sherwood acquired this operation in the 1980s. He said Mr. Sherwood runs a clean operation: He said Mr. Sherwood mines 5 to 10 acres at a time and i.'sclaims the laid as he goes as was shown by the video: He said regarding Condition 5 and a performance bond. He said the estimated dollar value for reclamation of an area Is approximately $6,000 and he requested the condition be changed to add language that would allow some flexibility' on the amount of the bond {�, r t p y�'�-' {,, r� r� DV'�'4�G VVVFviLY �lfitS�ll�ky�����'1111SNt4V1Y��1T117�� la J.n a a i yr:9�nHogan said he did not have a problem with this request. He suggest -,.d the cond Bion state "►n an amount and form acceptable with the Director of Public Works, and Development Services, subject to change in accordance with the operation. ,!. Mice Sharwood said the area adjacent to Clark Road has already been mined. He said the hature and material of their operation makes the area very easy to reclaim. He said that Condition 11 calls fora small deposit, but is another on-going expense and he would like to have this condition deleted. He said he thought inspections were part of ihe li ounfy doing business. Staff tixplaned the need for Condition 11: Corrr,missioner Lynch said the fee is for service and is not excessive. Th6 lvearing was closed. It Wns moved by Commissioner Lynch, seconded by Commissioner Seegert, arid, unanimously carried for approval as follows: Section 1: Environmental Findings, A. An Initial Study was completed in compliance with the Califon z.a Environmental Quality Act identifying potentially significant environmental effects that the project may have. Provisions and the design of the project and the conditions added to the project will mitigate such effects to a level of insignificance; and B. The Planning Commission has indepnndently reviewed, analyzed and considered the proposed Negative DEclaration with mitigation measurer, prior to making its decision on the, project, and the Negative Declaration reflects +he independent judgement of Butte County, and Section 2: General Plan, Zoning Ordinance and Mining Requirements Findings. A. The proposed use of the property will not impair the integrity and chara,cte of the zone in which the land lies and that the use would not be unreasonably incompatible with or Injurious to surrounding property ol- detrimental to the health, safety and general welfare of the persons residing or working in the neighborhood or to the general health, welfare and safety, of the County; and .,.,... .. .w,-,. „�.w..:.... �yj'.,.�.,.�{.�,(�( }�.:.�. 7�� y��(�y+�v y� .,.w. pT,i [ry •,y ,' BUT, J:,: ld. i;l� t li Nf X'6, �i'dL�:.L �1J rS� y.� _ nc., ry\y. .i. ..� - � ter✓ F_ t ., �. ,,, .. _„ ., ,.. ... _ �R p '' � , it �t d B. Find that the project complies with the Surface Mining and Reclamation Act (SMARA) of 1975 and the County's Surface Mining and Reclamation requirements; and Section 3: Actions. A. Subject to the findings it .dicated in Sections '1 and 2 of this report, adopt a !Negative Declaration with mitigation measures and approve the Mining Permit and Reclamation Pian for 'Duke Sherwood Contracting Inc. on AP 041-120-007, 115, subject to the following conditions indicated herein. B. Conditions of Approval; 1. Mining activities shall be prohibited from riparian corridors where riparian vegetation is located. (MM) 2. Should any historic or prehistoric sites, features, artifacts, or human skeletal remains be discovered during the project development, the - Eutte County Development Services Director shall be notified and activity shall cease until a qualified professional archaeologist has been consulted to assess the c--- (MM) chaeologloal or historic significance. 3. The applicant shall comply with emissions and d '% control requirements of the Butte County Air Pollution Control District. 4, The applicant 'shall provide toilet facilities per Butte County Environmental Health standards. 5. The applicant shall post a- perfOr mance bond or other financial assurance in an amount and form acceptable to the Director of Development Services, Director of Public Works and County Counsel, prior to issuance of the Mining permit. 6, Construction mater=als, equipment, tires, or other mining related items that are broken or in disrepair, shall nct be stored on-site and shall be promptly removed from the site. 7: The applicant shall pave the entrance from Clark Road (State Route 191) back to the cattle guard within six (6) months after issuance of the permit, to Public Works standards and approval, cokrrt Al i� t`fi F 66 > sit 6 2 ". 9 -� 8`. Prior to the issuance of the Mining Permit, the applicant shall obtain the necessary streambed alteration permits required by Section 1600-1603 of the California Fish and Game Code. 9, The mine operator shall submit annual reports containing information regarding cubic yards of resources mined, number of acres mined, number of acres reclaimed, etc.. Annual reports shall be submitted' by January 31 of each year to the Department of Development Services. 10. As a condition of approval for the permit, or the reclamation plan, or both, periodic on-site inspection and monitoring by the Director of Development Services, Director of Public Works, or contract monitor, and the Butte County Air Pollution Control Officer shall be made to evaluate continuing compliance with the permit and the reclamation plan. The monitoring shall be on an annual basis. 11. The applicant shall enter into a funding agreement With the County of Butte to finance the costs of the annual inspections prior to issuance of the mining permit. The agreoment shall require the applicant to submit a cash deposit of $500.00 to cover the costs of the time and expenses of inspections by the Director of Development Services, or his designee, Director of Public Works, or contract monitor, and shall replenish this amount on an annual basis as is needed. 12. A Reclamation Plan shall be submitted and approved prior to issuance of Mining Permit. 13. The applicant shall comply with ail other State and local statues, ordinances, and regulations, NOTE: Minor changes may be approved administratively by the Director of Development. Services, or designee, upon receipt of a substantiated written request by the applicant, Prior to such approval, verification shall be made by each Department Lr Division that tho modification is consistent With the application, fees paid, and environmental deteiwmination as condhionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment, �� S f1T C9�N ' PLANNxNG GbMM�S � QN r MTIv"i7x ° 3ep 61 t, 22, ° { r AGENDA REPORT TO: Honoi able Chair and Planning Commission FROPA: Barry K. Mogan, Planning Manager BY Stephen Hackney DATE September 14, 1994 i REQUEST: Mining Permit on AP#041.120-007, 115 for Duke Sherwood, Duke Sberwood Contracting Inc., Lu 7 Ranch: A request for a Mining Permit and Reclamation Plan on 55Q+ acres in an A-160 classified zone. The project is located off Clark Road, north of SR70, in central Butte County. RELATEfi? ITEMS: None FOR: Planning Commission Meeting of September 22, 1994 ABSTRACT: This is an request for approval of a Mining Permit and Reclamation Plan in an area oY 550± acres between Clark Road and Wheelock Road (Messila Valley Road). The applicant has been operating under a Use Permit (10+ year), but is required to get Years), a Mining Perrnit/Reclamation Plan due to changes in the Surface Mining and Reclamation Act (8MARA) that have taken place since this Use Permit was issued. Approval, with conditions, is recommended: PROJECT CHARACTERISTICS, This request Is for approval of a Mining Permit/ Reclamation Plan for a surface mining operation which the applicant has been operating for more than ten (10) years. Prior to the Sherwood operation,, Robinson Construction conducted mining operations on the site for number of years. The 550L acres consist of sand and gravel that was washed down from the old Cherokee mining operations in the 19th century, The natural terrain of this site was covered with approximately 5. to 10 feet of sand and gravel. Over the years, annual grasses, shrubs and trees covered this surface, Surface mining of this sand and gravel began over forty ('o-0) years ago. Signs of mining- related disturbance to this site is evident frorn Clark Roa) on the west to Wheelock Road on the east: Grasses havu since grown back to cover much of the disturbed areas. As a. result of part and present mining operations, %, etlands have developed in some Butte County Department of Development Services Planning Division e 1 r AGENDA 9°TEM areas. Extractic:, of the sand and gravel down to the original topsoil has allowed water either to collect or high groundwater has seeped resulting in the creation of tules, sedges, and other obligate and facultative vegetation (i.e. wetlands). While o has over h of the site in the past, the present mining ictiviti seencompass mining area_ of approximately ten (10) acres, three separate mining 5 itional five (5) acres used as an areas, totaling approximately five ( ) acres, and an add equipment yard. PROJECT AND SURROUNDING ZONING. GENERAL PLAN DCdSIC n ng gene EXITING LAND USE: Described below are the prosect and surrou g al plan land use designed , and the existing land uses. Direction Zoning General Plan Existing Land Use Pro ect: A -160/U Agricultural Mining/ Residential/ Grazing Grazing and Open Land orttrs A-160/U/SR5 Agricultural Grazing/ Residential/Grazing Residential and Open Land South: U Grazing and Open Land Grazing East: U Agricultural Grazing Residential%Grazing and Open Land West: A-1 60/U Grazing and Open Land Mining/Grazing ANALYSIIS The applicant took over �� mining site that had been mined for at least forty (40) years. The 550± acre site has been severely disturbed from previous surface mining activities. The present training activities encompass approximately ten (10) acres. Unlike many gravel extraction sits�v„i .:, where , r. replenishmentis a measurable activity in a given sireai bed, the gravel from this ,,,te was a result oe, the washed good bas mining activities performed in the 19th century: The torrent of gra was a result of that activity. The removal of this alluvium (gravel) would return the site to its natural state, because extraction activities stop when the buried topsoil, is exposed. The applicant has conducted his mining activities in such a manner that has had minimal p d al Water Quality Control Board staff has inspeem"l impact on-site an. off-site. The Regional the site periodically and has found no adverse impacts to Dry Greek, One result of the applicant s and previous mining operations has been the 'creation of wetlands. Wetlands re suite County 0(4partment of Veveloprnent Services - Planning ©ivislon 2 AGENDA ITEM have been created, expanding species of vegetation and wildlife; i The applicant has a record of reclamation work performed. The area mined from 1984 to 1993, approximately 36 acres, has been reclaimed (see attached aerial photo). Native grasses have been seeded in this area. The applicant proposes to uniformly grade the post-mining surface using scrapers and a grader, and seed the area with native vegetation. The Butte County Surface Mining Aggregate Operations Committee found the Reclamation Plan adequate.. The applicant has complied with Department of Fish & Game Permit 1600- 1603 requirements.: The operation has a County air quality permit. The Butte County Air Pollution Control District periodically 'inspects this operation and has found the applicant to be in compliance. The applicant's record of compliance with various agencies, past evidence of reclamation efforts, and the positive environmental impacts this operation has had on the site, all indicate compliance with the past use permit. The applicant is not proposing to expand his operation, nor increase the volume of truck traffic from its current level. This operation Is very similar to the Franklin Construction mining operation to the west. Caltrans has responded to this project,: Caltrans' comments include road improvements to Clark Road. County staff is unable to find the nexus between the applicant's operations and the road improvements in Caltrans' comments. ENVIRONMENTAL DOCUMENTATION: This application has been defined as a project under the California Environmental Quality Act (CEQA) and as such; is subject to the requirements of CEQA, An Initial Study has been prepared by County staff. Based upon the review of the initial Study, staff has determined that the project impacts can be fully mitigated with the addition of mitigation measures added as conditions of approval for the project. PUBLIC NOTICE AND COMMENTS: This application requires that a public hearing be advertised and held, Prior to the public hearing, notices are mailed to all property owners within a 300 foot radius of the subject property. RECOMMENDATION: Staff recommends that the Planning Commission approve the application for a Mining Permit and Reclamation Plan on AP numbers 041-120-007, 115, subject to the following findings and conditions. Section 1: Environmental Findings. m Bette County Department of Development Services - Planning Divlslon ■ R� Environmental Quality Act- identifying potentiaiiy signiTicant utivu ur n 1 ir,1;LCU effects that the project :may have. Provisions and the design of the project and the conditions added to the project will mitigate such effects to a'level of insignificance; and B. The Planning Commission has independently reviewed, analyzed and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and the Negative Declaration reflects the independent judgement of Butte County; and Section 2: General Plan, Zoning Ordinance and Mining Requirements Findings. A. The proposed rise of the property will not impair the integrity and character of the zone in wi iich the land lies and that the use would not be unreasonably incompatible with or injurious to surrounding property or detrimental to the health, safety and general welfare of the persons residing or working in the neighborhood or to the general health, welfare and safety of the County; and B. Find that the project complies with the Surface Mining and Reclamation Act (SMARA) of 1975 and the County's Surfacb .rvl n':ng and Declamation requirements; and Section 3: Actions. I g , in Sections 1 and 2 of this report, adopt a A. Subject to the findings Indicated Negative Declaration} with mitigation measures and approve the Mining g Permit and Reclamation Plan for nuke Sherwood Contracting Inc. on AP number 041-120-007, 115, sub1ect to the following conditions indicated herein. B. Conditions of Approval: 1. Mining activities shall be prohibited from riparian corridors where riparian vegefat'on is located. (MM) 2. Should any historic or prehistoric sites, features, artifacts, or human skeletal remains be discovered during the project development, the Butte County Development Services Director shall be notified and activity shall cease until a qualified professional archaeologist has d Butte County Department of Development Services - Planning DhIslon e 4 3. The appiicant shall comply with emissions and dust control requirements of the Butte County Air Pollution Control District. 4. The applicant shall provide toilet facilities per Butte County Environmen.al Health standards. 5. The applicant shall post a $25,000 performance bond or other financial assurance acceptable to the Director of Development Services, Director of Public Works and County Counsel, prior to issuance of the Mining Permit. -6. Construction materials, equipment, tires, or other mining related items that are broken or ?n disrepair, shall not be stored on-site and shall be promptly removed from the site. 7. The applicant shall pave the entrance from Clark Road (State Route 191) back to the cattle guard within six (6) months after issuance of the permit, to Public Works standards and approval.. S. Prior to the issuance of the Mining Permit, the applicant shall obtain the necessary streambed alteration permits required by Section 16001-1603 of the California Fish and Game Code. 9, The mine operator shall submit annual reports containing information regarding cubic, yards of resources mined, number of acres mined, number of acres reclaimed, etc.. Annual reports shall be submitted by ,January 31 of each year to the Department of Development Services, 10. As a condition of approval for the permit, or the reclamation elan, or both, periodic on -site -inspection and monitoring by the Director of Development Services, Director of Public Works, or contract monitor, and the Butte County Air Pollution Control Officar shall be made tO evaluate continuing compliance with the permit and the reclamation pian. The monitoring shall be on an annual basis. The applicant enter into a funding agreement with the County 11 of Buttetofinancthe costs of the annual inspections prior to ■ Butte County Department of Development Services - Planning Division ■ 5 o AGENDA ITEM issuance of the mining permit. The agreement shall require the applicant to submit a_cash deposit of $600.00 to cover the cosis of the time and expenses of inspections by the Director of Development Services, or his designee, Director of Public Works, or contract monitor, and shall replenish this amount on an annual basis as is needed. 12. A Reclamation Plan shall be submitted and approved prior to issuance of Mining Permit. 13. The applicant shall comply with all other State and local statues, ordinances, and regulations; NOTE: Minor changes may be approved administratively by the Director of Development be, or designer, upon receipt of a substantiatedwritten request by the applicant. Prior to such approval, vdrification shall be made by each Department or Division that the modification is consistent with the application, fees paid, and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application 'for amendment. Attachments., A Initial Study B, Application for Mining Permit and Reclamation Plan C Project and Surrounding Area Map D: Aerial Photo i l A T Y APPLICATION L iPi LICA i ION FOR q MINING PERMIT AND RECLAMATION PLAN " BUTTE COUNTY PLANNING COl!%i USSION (Butte County Code Section 13-104) C OWNER. OPERATOR AND AGENTi planning Department L Applicant JUN 8 1�� Name DUKE SHERWOOD CONTRACTING INC, Address 495 STIMPSON RD; Orovillo, California OROVILLE, CA 95965 Telephone (916) 533-2710 2. Name (if any) of Mineral Property LUCKY 7 RANCH_ 3: Property Owners; or owners of surface rights (List all owners) Name LUCKY SEVEN RANCH Address LUCKY 7 LN: OROVILLE, CA 95965 Telephone (916) 533.1058 4. Owners of Mineral rights Name LUCKY SEVEN RANCH Address LUCKY 7 LN OROVILLE, CA 95965 Telephone (916) 533-1058 5 Lessee Namo DUKE SH:ERWOOD CONTRACTING INC, Address 495 STIMPSON RD, O.ROVILIE, CA 95963 Telephone (916) 533.2710` 6' O Lerator Name DUKE SHERWOOD CONTRACTING INC, Address- 495 STIMPSON RD. OROVILLE, CA 95965 Telephone (916) 533-2710 F3U`I`I'�30 8. Brief description, including legal, of the extent of the ironed land (to be) involved in this operation: Section(s) _ 3 & 4 Township 20 N , Range 3 E , Meridian . M D Section(s) . 34, 35 & 36 , Township 21 N , Range 3 E, Meridian M D FROM. CLARK RD.° TO WHEELOCK RD (MESSILA VALLEY ;RD.) ALONG DRY CREEK . Assessor's parcel number (::) 4142-7 & t 5 Present zoning of each parcel. A-160 Location and size of parcel (s) ,A a ge-et"ea -}ureal IMINE SITE IS A PORTION OF THESE PARCELS: Total Acreage _ f - 550 ACRES 9, Describe the access route to the operation site. CLARK RD, NORTH OF HWY 76 10, Attach Location and 'Vicinity Map, SEE ATTACHED EXHIBIT "A" & "t". pESCRHgIONt 11.. Mineral community (to be) mined: SAND AND GRAVEL 12, Geologic description, including brief general geologic setting, more detailed geologic description of the mineral deposits (to be) mined, and principal ininer:il,, or rock types present, SEE ATTACHED EXHIBIT "C" - COPI.'ES FROM UNITED STATES DEPARTMENT OF AGRICULTURE BUREAU OF CHEMISTRY AND SOILS SOILS SURVEY AND SUPPLEMENTAL INFORMATION, 13, Brief description of envirorirnent.il setting +of the sitz and the surrounding areas, Describe existdr„g area land Use,. factors perladninsg�o environmental impacts find their n tiga¢ion anata reclmitt,oyt ra a annual rainfall audios other SITE IS AN AREA OF ALLUVIUM DEPOSITS THAT HAS BEEN REPEATEDLY` MINED FOR DECADES, VEGETATION CONSISTS OF NATIVE GRASSES AND SHRUBS WITH FEW OAV, SOME COTTONWOODS HAVE SEEDED IN AREAS THAT WERE MINED IN PAST DECADES, AS WITH NEIGHBORING LANDS, THE SITE IS ALSO USED FOR WINTER GRAZING, THE ALLUVIUM DEPOSITS VARY INDEPTH VROM 1' TO 81, GROUNDWATER DEPTIi IS UNKNOWN, SURFACE 'WATER PLOWS EXIST INDRY CREEK. utj'rru,�9 2 PROPOSED(EXiSTING), SURFACE MINING -OPERA'li'TONSi 14. Proposed starting date of operation IN OPERATION BY 'OTHE'R 'OPER'ATORS PRIOR TU L976 �- Estimated Life of Operation 25 YEARS Duration of First Phase 'NIA 15, Operation will be (is): Continuous X , Seasonal _, Intermittent Developed, Not yet in operation ; Temporarily deactivated Stockpile in Mine 16, Operation will be (is),, Under 5,000 tons cu, yds/yr: , 50000 - 50,000 tons .". ds/yr. 37,000 _. 50,000 - 250,000 tons cu yds/yr, , 250,000 - 1,000,000 tons cu yds/yr. , Over 1,000,000 tons cu, yds/yr, 17, Total anticipated nroduction Mineral commodities to be removed- tons (eti.ydg) . 34.000 /i +� �� x °� � 0-046 Water retained on the site- tons (at ls) �V1 ' 3.000 _ � 1940 Waste disposed off site= tons (cu yds) —"j� Maximum anticipated depth 18. Mining, method; (Check all applicable) Open Pit Gravel/Sand Pit x,_ Dredging- Auger Single bench. _ Drill anis Blast_r,,, Quarry: xill top Clay Pit Multibench :- Truck to proces.4iG Side dill _ Borrow Pit Dragline Plant (to U) 1 �R Low Level Taiiings Pond' r Shovel.... _ Slurry Pump 'Underground Waste Dump Gravel bar skimming Rail Other Other 19a. If processing of the ores or minerals mined (including segregation of mined materials) is planned to be conducted at or adjacent to the site, brlefly describe the nature of the processing and explain disposal method .of the tailings or waste from processing. SCREENING ONLY NATURALS NOT SOLI? ARE STOCK PILED FOR RECLAMATION, BALANCE OF MATERIAL SOLD. 19b: Estimate quantity (gallons per day) arid quality of water required by the proposed operation, specifying proposed sources of this water, of method of its conveyance to thisproperty and the quantity and quality and method of disposal of used and/or surplus water. 25,000 GAL/DAY PUMP FROM DRY CREEK, USEb WATER CHANNELED TO SETTLING POND. 20. 21. If the nature of the deposit and the mining method used Will permit; describe and show the steps or phase of the mining operation tliat allow concurrent reclamation, and include a proposed time schedule far such concurrent activities. MINED IN S AC INCREMENTS, RVCLAMATION WILL IMMEDIATELY FOLLOW MINING OPERATION THROUGHOUT SITE. SEE SUPPLI'1`�FNTAL INFORMATION. Attach it map of the mined lands and/u,; suitable aerial photograph showing: SEE ATTACHED AERIAL PHOTO, I (a) Boundaries and topographic details of the site; BOUNDARIES OF MINE ARE NOT IDENTIFIED BY METES AND Br' NDS, O b Location of all streams; roads, railroads, Witter Wells, and utility facilites within 500 feet of site,, SEE Pl<-IO'10 FOR LOCATIONS,, (c) Location of All currently proposed access roads to be constructed in conducting the surface mining, olier.ytion (s): SEE PHOTO. d Locations of tire -as (to be) mined and stockpiles, waste dumps and tailing ponds. SEE PHOTO; (e) By use of overlay symbol or color, depiction of separate mining phases if applicable. (see Item 20) N/A The source of mi r base, orientation (North arrow), and scale (e,g,, 1° 5001, etc.) of map. i = 4001 (g)' Cross sections of the areas to be mined. Provide cross section (s) of the existingrouti;l surface (in solid ins, creeks, improvement etc.,,, and illustrate the proposed mining depths with finished sloudes (e t*y tl 3.1...) in dashed lines. The cross seciion(s)sliall be sufficient to shoW the extent ), b t? b� , of tin operation and shell extend at least 100 feet beyondthe mine site. SEE X -SECTIONS ATTACHED, (h) Location of improvements and mining equipment tsed (e g., crusher, screens, offices, etc,,,) SEI: PHOTO {i) The entire property, showing any proposed phasing. SEE pIIOTO gUTTt,an 4 RPCLAMATION PLANS 22. Indicate on an overlay of Item 20, or by color or symbol .or map those areas to be covered by reclamation plan. )� 0 ENCLOSED MAP SHOWS AREA RECLAIMED. Acreage (APPROX.15 AC), AREA CURRENTLY BEING MINED. FUTURE MINING AREAS 'i0 TAKE PLACE WITHIN MINE AREA LIMITS SHOWN IN NO MORE THAN 10 ACRE INCREMENTS, 23`. Desct be the ultimate physical condition of the site and specify proposed use (s), or potential used, of mined lands, at reclaimed: SITE TO BE LEVELED OR SMOOTHED; SEEDED WITH GRASSES APPROVED BY Y AGRICULTURAL COMMISSIONER. FUTURE AND PRESENT USE WILL BE FOR GR ZINlid- 1 ---- 24 Describe relationship of the interim uses other than mining and the ultiinate physical condition to; SY (a) Zoning regulations. A460 (U) General Plan and Plan elements. AG -RESIDENTIAL MINING OPERATIONS COMPLY, 25. Provide evidence that all owners of a possessory interest in this, land have beers notified of the proposed use (s) or potential lases identified in Item 22. (Attach, copy of notarized statement of acknowledgment of notification), 26. Describe soil conditions and proposed Soil salvage plats. SOIL IS DESCRIBED AS RIVER WASH. THIS IS AN ALLUVIUM COMPRISED OF SAND03, GRAVELS WITH SOME LARGER ROCK. NATU."LS GATHERED FROM THE SCREENINGOPERAT16iN WILL BE USED FOR RECLAMATIM 27 Describe the methods, their sequence and timing, to be used in bringing the reclamation of trie land to its and state, Indicate on snap (Item 21-12) or on diagrams as necessary. Include discussian of the pertiwa.ht items listed below, ,SEE ENCLOSED;. (a) Backfilling and gra ting. (b) Stabilization of slopes, (c) Stabilization of, permanent wait dumps, tailings, etc, (d) Rehabilitation of pre -mining drainage; (e) Reinoval, disposal, or utilization of residual equipment, structures, refuse, etc. (f) Control of contaminants, especially with regard to surface runoff and ground Water. (g) Treatment of streainbeds and streanibanks to control erosion and, sedimentation. (h) Removal of nunimization of residuat'hazards. (i) Recoiling anti revegetation plan with evidence that 'plants can survive given the site's topography, soil and climate, The plan .shall include proposed plant material eased for revegeta"tionarid an irrigation or watering plan or schedule, (j) Dust and air pollution control measures proposed to climinate or substantially reduce potential impacts, 28, The applicant shall provide a good faith estimate of 'reclamation costs of the entire site, or phases if proposed. Attachit detailed breakdown of all expected reclamation tasks and their related costs, The costs shall be bfised on having the county or an independent contraotor completing the full reclamation of the site (including, but not limited to, equipment removal, regrading, replanting and other reclaination n easuhu), $ 60691 5 AC Wbhk ARCA, b111Tli, Q 5 29. If applicant hasselected a short term phasing of his reclamation, d3scribe in detail the specific reclamation to be Accomplished during first phase. LAND UNIFORMLY SHAPED USING DOZER AND GRADER. IF:NEBbED, NA',CUPALS SPREAD OVER AREA AND-SE18D AS APPROVED BY AGRiCULTU;ItAL COMMISSION r BROADCAST, SEE AERIAL FOR AREA ALREADY RECLAIMED. 30. Describe how reclamation of this site in this manner may afttd future mining at this site and in the surrounding area: RECLAMATION OF CURRENT MINED AREAS SHOULD PRECLUDE FUTURE MINING FOR YEARS. HOWEVER, THIS IS A MINE EXTRACTING ALLUVIUM, THEREFORE IT IS REASONABLE TO yr ASSUME THAT NATURE WILL REPLACE; THE IviATERT,AL BEING EXTRACTED, 31. List any hazardous materials to be used (inflammables, explosives and strong chemicals) DIESEL FUEL, MOTOR OILS,_ LUBRICANTS. 32. Proposed daily hours of operation 7AM TG 5PM - 31 Proposed number of employed 4 I hereby declare under penalty of perjury that the foregoing statements are true, complete and correct . n Date 95` Applieant''s Signature _ Date Property Owner's Signature OFFICE- USE ONLY Verify: A.E. Numbers) Legal Description _. Ownership Owners Authorization of Applicant Zoning and General Plan Requirements Location Description Conies of inap with Areastobe mined Copies of Plot Plan outl'►nod (USGS quadrangle) Date Application Received Fee Received: Date Application taken by :._ Quarry site is generally uniformly graded in premined condition, The site will be uniformly graded as a part of the reclamation plan allowing the natural southwesterly flow. e) Removal, disposal, or utilization of residual equipment, etc„ Upon completion of the mining operation, all equipment, plant and man made structures will be removed with the site then graded to a unif rni condition and seeded as needed. f) Control of contaminan(si All hazardous material will be confined Within a containment structure that Willi prohibit spills from contaminating the earth, ground water or sueface waters, g) Treatment of streambeds and streambiok With exception of crossings, no part of .Jje misting operation occurs within the banks of Dry Creek, All applicable permits Will be obtained for the stream crk�ssing. 11) Removal or mininiiration of residual ham Upon complete extraction of alltiVium or termination of opf;rritor lease, the site will be cleared of all quarry related operation materials and equipment, i) Itesoiling, reVegetation The mine the removal of an Cherokee Alluvium exposes the natural clayeyalluvium material, Tllis ilnttterial (rom will be graded nd seeded Wiine years Ago, th an i�lapproved ro the pn approved mixture, The agricuitural commissioner Will grant approval, Screened naturabi Will be used as needed, g4-507.MP1 June 23 1994 DUKE SHERWOOD MINING PERMIT APPLICATION SUPPLEMENTAL INFORIINATION 12. PROJECT SITE IS WITHIN THE 'SIERRA NEVADA GEOMORPHIC PROVINCE OF CALIFORNIA. MINERAL DEPOSIT CAN BE CLASSIFIED AS A.RECENT ALLUVIUM I.E., UNCONSOLIDATED, COURSE GRAVEL AND SAND RESULTING FROM HYDRAULIC MINING. UNLYING THIS ALLUVIUM ARE PALEOZOIC TO MESOZOIC METAMORPHOSED SEDIMENTARY AND 'VOLCANIC ROCKS AND PLUTON. 2,0. TIME SCHEDULE FOR COMPLETION OF THE EXTRACTION OF THE MATERIAL 1N 5 AC INCREMENTS IS DIFFICULT TO PREDICT, THE SALE OF MATERIAL IS BASED OF COURSE UPON DEMAND WHICH IS DIRECTLY RELATED TO THE AREA ECONOMY. ONCE A 5 AC MINE AREA HAS BEEN MINED IN ITS' ENTIRETY, THE RECLAMATION WILL BEGIN AND WILL TAKE NO MORE THAN GO DAYS TO COMPLETE. THE EXCEPTION WOULDBE SEEDING OF GRASSES DURING SEASONS OF THE YEAR WHICH IS NOT PRACTICAL, 22 SPECIFIC 10 AC FUTURE MININT LOCATION WILL BE WITHIN BOUNDS AS SHOWN. 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I 1 k 7y �'` w• f ✓ �r r✓✓ �,�'Vs'r d✓ I �i ✓%✓ / 1, ! . gi}�f t '..' •° G.• ✓ r✓ s'✓'rr ✓✓ ✓ 'x '✓ rix ( •✓ ✓ ,. J � � tr ,� r r�f ' 6 3s I r r y✓ ✓ ✓✓J ✓ . , ✓ip y +rr,. � I +rrx' ,r„ r rri itirr ' � .r. rI r . �a (� ~�11 '4��,-,' Y ✓�f fr�,,��✓r+i,✓dsd..,irirvi ✓ �/,✓i!✓✓ rr�✓yrr��r r.✓ '4 f (� i� F J''r �..X� Yi ✓.�.\i +✓✓✓ x✓r'+I✓✓✓A✓�:'rY ✓✓�'"�rl �. i .. , pr. N1. Itr � ,t�, _'... �1I �,,. .. v ✓r !/+'✓' ✓,'' : ✓, ✓ rrr +r✓ i✓ •� ..' tn , ky �3�.1i1, ' 194 1 27'5 7/ < .,� ,�.: t ��}/� `' CHER OKEE, CAL N3937.5—W12130/7.5 -lu 1§47 AMS 1663 u NE—SERIES V895 -Phrk W., RA MI. le .:./ j - v " > "M -tp t lGe z i IA DRY GREE 5 V 0 1444 i NNI 4 T 91 7 �i, nockmcii,. x,- s,: OROVILLE, CALIF. 0980—W12130/74 1970 AMS 1063 11 SE—,,r:mr:z vaos •X P72FAM ME '.y N 'D: u • `L I~L1YU h f f Honcut V'h Nord sandy loam stony loam �. "`I flay loam fine sandy loam WO WA V5 Heavy Brown phase' ;. phase ; Corning ' Keefers Viiia t Nord gravelly sandy loam gravelly loam loam loam t1i, M'M11- Ose ' Stony phase•. � 4 Farwell Tusean Peutz Anita fine sandy loam _ stony clay loam loam loam clay loao o.o o Y� if Stony phase Shallow phase Pentz Farwell Tuscan Landlow� clay adobe loam gravelly clay loam clay loam (gray phase Reddish phase Farwell Vina Landlow Villa Anita Ramada clay loam fine sandy loam Clay clay loam cla adobe silt loam y Farwell Landlow Vina Redding clay. 'adobe clay adobe clay loam adobe clay loam_ Shallow Overwash phase Mariposa Rough broken Columbia stony loam and atony land very tine sandy loam y j x. nil n Sacramento Columbia clay �} Rivcrlvn5h Scabland loam �� Rv So sandytn loam ',railings_ . /✓Fir / ' Shallow phase Cohejo Sites loam fine sandy loam Conejo Stockton ctay;loam clay adobe BURE:4U 'OF." CR- aIISTRY As SOMS 19�'S predominant soft. The surface. is level and smooth, except that broken by'numerous old watercourses These are of consider- e sizer and depth and are a hindrance to cultivation and to the nomical distribution: of water, for irrigation- In. places, the soil is ng eroded by the side cutting of Sacramento River, but otherwise slag does not affect it- Drainage is good_ Overflon� occur of ervals of several years'_ They aret a menace and a hindrance to ananent crops and more intensive development of the soil kside from somewhat irrecgdar surface configcration this soil is it adapted to irrjation for a number of reasons. One is' -its irness to the water supply; as the water can either be- obtained. m the river or large sloughs or from wells on the ranches.. Also, hough the: soil is permeable to water it is retentive of moisture. wide, variety of crop.; can be grown, and. the yields under irriga- n are high- Tha natural vegetative covering' over most o€ this I consistea of oak-, ash, cottonwood, and. willow' trees, and brush d wirier growths_ The areas farthest from the river are,a little- slier and apparently had a. more ope..- cover, consisting of oaks th only a. little uaderbru=t~ This is an extensive so- -eat po_ ostial. productiveness.- ily about half' of it is tilled. au esent time, and flus is maim -v )pped to grain. Considerable, alfalfa and minor acreages of hops, uts,. andtruck crops, are own. Yields in aII cases are high where oper- culture has been given. The. ye .v- star tlustie, wisirh is pecially pernicious in the grainfields, has entered the region the ;tfew.-years. It has greatly decreased yields -where it has been checked, and in sorra instancesz has destroyed the crop. This sail ?srmostly heTdinverylargeranches, androads andliouses are apart_ tiluchofthelandiisaccessibleonly bysecon�a.y farm trails.. COiumH�& Zoamr .. shaffow :phase.—On, the eastern edge of the large of Columbia lcam, this sail laps, over the adjoining- soils, most which are heavier in. texture_ The surface soil, to a depthvarying m 2`to 4 feet, is typical Colum �ia:.Iaam, but below, this is the darker - m, material of the A vita, Farwell, or Landlow s- I _ The range of adaptability to crops is lessened and the value creased by the heavier subsoil. Table. 41 gives the results of mechanical analyses of samples of surface soil and subsoil-. of tyrical COTumbia loam TAB --s 22. _Jfechlanical analyses of coLumbia Loam Tine Coarse!.tedium' Vie Des riPtien grarel sand sand i sand Pireent Ptrcmt F,een iPerrent soJ4tito24incheJ.r� ani 0; s,.38 MI �.trn..:Sinelsis--r .lt f F RM Silt 1 Clay V S1cRAME::T0 P :ter 'he s-arface soil of Sacramento clay, to a depth varying from to 4 ,, is dark -Way or black; plastic, sticky clay, with some tendency -aid the development of an adobe structum, It :s rich in organic tter and retains moisture well_ The, reaction is slightly alkaline. esubsoil is grayish brown oryelloirsu brown. mottle wait gray 1 rust -brown Iron stains, and in places with green. In texture It ids from clay loam, to clay, It is, slightly alkaline in reaction but I FSI SOIL. SURVEY OF T1rr CILICO AMA, CI3, 45 typically shows no: accumulation of lime. As occurring in this area this soil occupies old slough ways and flat, shallow, basinlike areas. The texture varies from clay loam to clay. Sacramento clay occurs in the southwestern pact of the area, extending from a point in a slough near Dodaeland up the slough about 7 miles. It is level and smooth. Drainage is very poor, and overflows occur annuelly'. The water' standson.the Boll for a long time_ !`Tone of the soil is under cultivation, owing mainly to its liability to overflow. Table 22 gives, the rasults of mechanical analyses of samples of the surface soil and subsoil of Sacramento clay.: T 22,—JRchanicat analy.ies of Sacramento clayF Fine I Coarse J3rediumr"Fine;o Description gravel sand, sand " gad 576TS1 5,6785 Percent Percent�Percent -I Percent 0.7 T_g L4 - 6�7 9 1.4 I 7.1. Silt clay Percent Pe -cent a4.s 3a.a 3I.S-.33.9' RADA SILT LO."I - RamA -Q sit±, loam consists of yellowish or. - allovish brown material of variable texture. It is predominantly silt loam but is much stratified and includes L arititions of fine sand and flue sandy loam. It varies in thickness from 4 to 6 or more feet and is underlain by mf4erials of associated soils over -which'it has been deposited. It: consists of the finer -textured materials, known as dickens, or waste from former extensive hydraulic mining operations in the adiacent foothills. These deposits have been washed into the valley by waste waters and by streamsintowhich they found their way. During the time of great. activity of hydraulic minis; for gold, 40 or 50 years ago, a great mass of this material was washed out from the Cherokee mine which lies just East of the area. The coarser gravel and sand were; dropped first by the -,raker and have been mapped as river -,•ash. The finer mnfxial was carried out farther, and spread over the farm lands. Tu protect the agricultural lands from this overwash le-vees were finally built to hold the deposits. This: causeci a deepening of the deposits and the formation of this. type of. soil.Creel; . One large area of Ramada slit loam is located on Dry The texture is variable, but in General becomes finer down. stream. Some of the soil supports a ood growth of -willows and other trees, and the finer -textured areas are intensively farmed. Fruit, mostly prunes, is gown successfully. The annual crops consist of inelons, corn,. and tomatoes, all of whicl, produce goad yields. The coarser- - variations are largely in pasture land. RIVERWASS� giver` wash comprises the comparatively barren areas of sand, gravel,. and bowlders occupying flood -swept positions along streams {, of fluctuating volume or periodic flow. In this area rives wash is mapped in large bodies along Sacramento j River, a smal body is on the upperpart of Sandy Gulch, and a large one is on the upper part of Dry Creek in.the southeastern part of the area_ The area. on Dry. Creel: &fferG from typical in its origin, BUREAU. OF GHE,2nSTRY 3._1'D SOILS, 1925 � SOTS SURVEY OF THE CHICO AREA, CALIFORNIA ► = s it has come from workings- of the old Cherokee hydraulic minim f. - ROUGH BROKEN AND STONY LAND - ust outside the Chico area. The:gravel and cobbles, are here spr ead (out Rough broken and stony land includes areas which are rendered in. a broad fern which. is continually being rework and 'carriecL nonagricultural by their rough, eroded surface or by their stoniness farther downstream. and dearth of soil. Included in mapping are areas of high, steep, and 3ie thiel`, 11), general, r ver wash is barren of vegetation, but in places there- rough mountain sides on which the soil material may only is a growth of cottonwoods, wiIlows, brl sh, and vz� _ The material enough to support tree growth. Although mainly nonagricultural, is nonagncuFtural.- rougb `iroken and stony Is may include a few very small scattered T_krL1Ncs areas of agricultural land entirely too small and of too little economic Tailings', as classified in previous soil surveys: in this region, com- dredges in the importance to warrant mapping under the conditions of this survey." broken and stony land occurs in large bodies on the eastern lFl.. rises de oats made b the large which work gold— prises P y - bearing' gravel of the stream bottoms. These dredge lift the: -entire: 1 edge of the Chico area on the upper arts of the wat'°rsheds of Chico edge b Creek, Little Chico Creek, and Butte Creek-, on the canyon slope of s slIuvial deposit, after- which it is washed and passed through the dumped. Yost of' the fine material is either rasliecl Wiest Branch Feather River; and on the border of Tab!-. Mountain. machine and downstream or falls irk the bottom of the excavation. and the. coarse" Some grazing is afforded: by this land, and it supplies wood for gravel and: cobbles- fail on top., The areas after dredging present a expanse of ridges and heaps of gravelly and stony material fuel_ iRxiG .TIo great which 1S entirely too coarse and Forrus to permit cultivation_ Fair— For many years, in the Chico area, there has been some lriisuition sized areas of tailings are on Butte Creek above the point where it by gravity crater diverted from Chico Creek, Little. Chico Creek,`and enters the main valleg As -mapped in this survey, tailings includes small areas of materials. Butte Creek. Such developments served iy a small part of the area Irrization from wells .has been a later drKr iopment. In.1913 there which have been differentiated and mapped in previous surveys as: -,vorked by the early i were in this arca 15 plants pumping from wells for the irrigation of placer dI pings. These areas were over gold In these the soil materials. 1,315 acres :fit the present time there are a few more pumping _. miners fi, placer -mining operations. places down tobl drock were shoveled and washed over and left in irregular t plants, but this method of irrigating is net very extensive. In 1915 the first unit of the Western. Canal was completed. This heaps, some of the finar material being removed. Since then they- takes water from. Feather River below Oroville and: brings it into the . hsve been untouched and have become partly covered with grasses', southern part of this area in the neighborhood of Nelson and Bodge- small timber, and brush. In its Present condition this material is- land. Thi'sirrigatesaconsiderable area;rhichisdevote dmainlytorlce. but some of it could be leveled .and farmed'_ At present. it In 1918 the Paradise irrigation district was completed. This takes suppiiI s it supplies scant pasturage- - Small areas of such materials are east of Pentz near the eastern: water frog). Little Butte Creek, stores it in a reservoir just north of the Chico area and distributes it to Paradise Ridge through a main. boundary of the surveyed area. 1 pipe line. 28 fize-E^�, in. diameter. This line brandies, until individual irrigators are served thl•ough 4 -inch pipes. About 11,0G,' -acres are - sass LAND included it the Paradi :; district, and about one-third of alis land is Scab land consists of the -areas of dissected remnarfs of Ida fia�i: - t now being watered. The system cost about $50 an acre to in 1 extending from high up in the Lierras down to the level. of the and the annual cost is about S5 an acre_ Considerable land adj: t valley floor_ Although the general slope 1s gentle, regular, and um— to Sauramento River if, beingirrigated bymeans of large pumps jv ch farm,. the surface is covered byrough, angular bowlders of Iava which take water from. sloufrbs adjacent to the river. in this area are andesites and basalts This has weathered, enough. Several olive orchards are receiving water from the Pacific, Cas R; so that there is an inch ortwc of soil. over much of the surface, and 1 Electric Co_'s ditch in the Table Mountain district. A number of cracks and Small focal pockets: or basins may hace'n considerable deep wells which have been drilled southeast of Durham give: as; depth of. soil. The fine soil mateizal: ss pale red or dull red and- ._ much as 1,500 gallons of water a minute. In the Chico area, taken represents material of the Aileen series_ Scab lane is differer crated. as a -whole, a great deal of land that is suited to irrigation is now dry ' fromi the; Aiken soils by its shallowness and -stoniness, In tl- 1 r farmed. reconnaissance soil s,.rvey of the Sacramento Valley, mucH- i= • Figures obt:=ed by :the State Department of Engineering' on the " material was included with the stony soils of the Ai -en ser-- - duty of water in this area give the following use: Net duty for rice, The lower areas of scab land. is this rrea support a scattered growth. from 4 to 7 feet; for orchards and vineyards, about 1.5 feet; and for" of oaks- The higher areas support, in. addition, some digger' alfalfa and general crops, about 2.7' feet. Almonds and grain .are -' -stunted pine: and chaparral. This classification: of land is entirely nonagricul-- arownmainly�vithout irrigation, .although manyof the younger almond= Lural'- but it has a: Iost value for -'razing and for fuel wood'. Large 'f orchards are no�v bei:: g irrigated where Seater is available, Rice: areas occupy much. of the eastern slopes the valley from the north- requires a. continuous flow of eater throughout the growing season ern boundary of the ares -to the southern boundary, and lana fingers= extend out to the vaIIe flpOT_ IBRYAN. S. GEOLOGF AND' GROG:.-D-wiTER umouRCE9 Or TRE SACRAnESTo VALLET G1LiFOA1LS U. S. Geol. Survey water supply Paper 49s, P. 140. illus. 1923. - ItM. GaEY.EV' TRETmrrARTGRAVEMOFTILESIERR.iNECADL OrCA,UFGR.TA- U-.S.Geol.Eurve1r- Y - rclmFOR\9A_. DFrARTXE. f or ENGINEERISG.. *SRS ,AS SXENDED3. 1919.r Calu.: Dept::Engiu - Bul. S,1:G p. 1919. .'i -; Prof_raper73, p:2 -2C.t —z. ti191E i y / �} ` / fe w j / i J ! a�, A. ENVIRONMENTAL SETTING � A-1 INTRODUCTION Duke Sherwood Contracting, enc, has been operating in the Lucky 7 Pit since January 17, 1984. This quarry site is adjacont to Dry Creek between Clark Road on tiie southwest end of the . and Wheelock (Messily Valley) Road on the northeast end of the pit, approxtrlately two ant one Half miles in length, The side limits on the pit are clearly defined by the alluvium deposits. Tnis quarry site, it is said, was the first operating quarry in Butte County. The quarry has been mined by many different operators over the years. Since 1970, Duke Sherwood Contracting, Inc. is the third operator of the quarry. a The material extracted from this site is the alluvium that has been deposited over the years. Much of this material is the result of the hydraulic mining that occurred at the Cherokee Mine, Becp,lse this is only a screening operation, the products offered are sands and gravels. 'file washed sands produced are used for backfill of utility trenches for electrical and gas lines,; for plaster and mortar sands and for decorative uses such as golf courses and volleyball courts, The unwashed sands are used as a backfill, material. The gravels produced are pea gravel and a cobble rock. The pea gravels are used as a bedding material for pipe lines and for decorative uses. The cobble rock is used for decorative work and for erosion co- -,-! These products are sold to the general publilc to utility companies and to governmental ah,-wtes at all levels A-2 P.RESEN'r AND FUTURIP LAND USE This quarry site is part of Lucky 7 Ranch and has bet;n used for brazing, The grazing has continued on the mine site through the years of the quarry's opel•ation. With on going reclamation, the site can be used for grazing while it is being mined. 'Upon extraction of all usable Minerals and the completion of the reclamation, the site will continue to be used for grazing; Because these alluvium deposits are the result o," the hydraulic alining from the Cherokee Miie, it is unlikely that this site will produce adequate materials to justify further quarry operations. A-3 GEOLOGIC AND SJOiL The R verwash lies Between Scabland on the north and klo icut sandy loam on the south, The scab land consists of areas of dissected remilalits of lova flaw that extend from liigh lip in the Sierras to the valley floor, Tile slopes are gentle and regular, but the surface is covered with large lava boulders `which are andesites and basalts. Tile Nolicut sandy loam is a loose, triable, granular material 12 to 40 inches thick: This will rest upon variably textured and stratified elements, The Roncut sanity loam is a reddish-brown color and does have considerable organic matter in the top few incites, Riverwash comprises the comparatively barred areas of stthd; gravel, and boulders occupying positions along Dry Creek, These materials have come from 2 `+fes, t . work'n s of ti hydraulic nine. r ,! g �e old Cherokee h d A-4 SURFACE WATER AND GROUND WATER Dry Creek runs through the quarry site although most of the mining operation, to include the plant operation, lie to the south of Dry Creek, Settlement ponds have been constructed and are used in eonjurction with the screening operation, The water source for the settlement ponds is Dry Creek The Dry Creek watershed north of the quarry is in excess of 6,500 acres. The watershed runs from an elevation of 2200', dvaining part of the Town or Paradise, to an elevation of 400' at the quarry site. This watershed is steep, long and narrow. Winter, runoff is eery fast with this basin being very sensitive to localized storms; Dry Creek does flow water through out the year however, irate summer flows are low. The closest domestic well to the quarry site indicates the ground water table to be at approximately 40'. A-5 VEGETATION In general, the river wash is barren of vegetatlon, but in places there is a growth of cottonwoods, willows, brush and vines, Native grasses have propagated in areas that were mined years an and also in areas tiat have been reclaimed by Duke Sherwood Contracting, f B-1 CURRENT CONDI'.TIOVS, PUBLIC HEALTH AND SAFE T7 p g All. mining to date by Duke Sherwood Contractinghas been performed using 'bulldozers,. scrapers, graders or other excavation equipment. While the entire quarry site has been previously mined, the current operation is limiting the extraction areas to five acre sites, Because of the alluvium materials being mined, there is no need for explosives to be used on site. Reclamation of alined areas has been performed. The inined areas are graded to a unifor in condition naturals are placed if needed, to allow grasses to grow. It has been possible, because of the alluvium materials, to complete reclamation Vithout placement of nav,urals. Since Duke Sherwood Contracting has been operating the pit, they have reclaimed over tiiirty acres that they have mined, D-2 EXTRACTION METI•>CODS Materials in this imine are identified as alluvium with these materials being the result of the old hydraulic Cherokee Mine, 13xtractioi of these materials can be accomplished with the use of normal excavation equipment. Tice ailuvituil material is rarely found in depths greater than six feet, Therefore, the use of scrapers; dozers, graders and front endloaders are coinillon for this quarry operation. The materials extracted from this ►dine i�iclucle sands, gravels and cobbles. The processing of this material is via a wet screening plant. The plant site is stationary and occupies approximately five acres. Since the types of alltivitun materials may vary throughout the quarry, two or three separate are,18 of excavation may be ongoing sill,Ultaneously. The sand de-Dosits may be heavier in one area with the gravels heaviest in another, However, special care is taken not to disturb more than a rive acre site, Upon conlpleflOn of extraction on the mineral, that site is uniformly graded, topped with naturals if needed unci seeded with a mixture of seed that is approved by the agricultural commissioner, Tills mine sbeen l decades prior to lCurrent operator. d of theseoperationsisclearly vsblethroughout mine, Because othese prior oeration8 and theirregular depth ofthe alluvium deposits, itisdifip cult to designate definite areas Qf future mining activity, The quality and quantity of the ,materials to be n med can oiily be determined by exploratory excavations. 4 B-3 EXCAVATION LIMITS, SLOPES AND DRAINAGE The Lucky 7 Pit is dclaned as being along Dry Creek from Clark Road to Wheelock Road (Messila Valley Road). This a length of approximately two and one half miles. It is clearly Y.r 'bl ti sl e ldt prior opDrators of tills mine did to ?act extract materiais for tile full length of the quarry„ With the plant siteoccupying approximately five acres, and the evaporation -settlement ponds being approximately two and one hall` acres, Duke Sherwood Contracting would .not disturbmore than five additional acres for materials extraction. Upon coinpleti i of the extraction, those mined lands would be reclaimed by uniformly grading, placement of naturals if needed and seeding using an approved seed mixture. With this operation 'being the extraction of alluvium deposits, rarely does the depths of these materials exceed six feet. More typically, the depths are four to six feet and in some cases only a couple of feet. Slopes of the materials will be retained or replaced nt -!-,, -° w;t-- a,j ill.. types of mined materials and .he local enviror,nictit, drainage rs WL,f, l,robienr, me mined areas b--ing graded uniformly and seeded will assist in the prevention of erosion, B-4 CONTAMINANTS AND MINING BY PRODUCTS Preventive measures against soil contamination have been in effect since the beginning of the Duke Sherwood Contracting operation, and they will. continue. Petroleum products are dept under lock and key, Tile petroleum tanks are located in containment areas that limit potential contamination from an accidental spill as per state and federal laws. Other contaminants are kept in proper` containment devices to insure safety from accidental spills. The hazardous materials stored within the quarry site are as follows: Diesel Puel, Hydraulic Fluids, Motor Oils and Antifreeze. All surface water runoff from the plant operation site is slopod away from Dry Creek and in the direction of the settlement pond. As heeded this pond will be cleaned of the Pines and silts which then will be used iri the reclamation process. All materials passing through the screens are sold as the different types of sands, gravels and cobbles, The only by product is a limited amount of naturals which will be used in the reclamation process. B-5 ISUST CONTROL Because this mining operation is the extraction of alluvium deposits, dust is generally trot a problem in the excavation of this material, "1"1'x4 natural iliosttire content of this niateri the lack of the finer silts prevents excessive dust, 5 C. RECLAMATION C-1 RECLAMATION METHOD The proposed reclamation process will continue as soon as all useable materials have been mined. Because the mining operation will disturb only five acres at a time, the largest area to reclaim will be five acres. Once reclamation begins on an area, the surface will be uniformly graded with .side slopes graded to a 4,1 or flatter,. As required for seeding, naturals will be placed using scrapers and a grader. Because of the alluvium deposits and the underlying natural soils, the depths of the naturals is not considered to be a signii•cant factor in the seeding process. •2 EROSION CONTROL AND SEDIMENTATION The topography of the quarry Site is such that erosion and sedimentation from the quarry operation is not considered to be a significant problem. The mine site slopes with Dry Creek in the east -west direction but is basically level in the north -south direction (perpendicular to Dry Creek) Quarry operations as well as the plant site have been grade,' such that any rsnloff is directed away from the stream bed. Sedimentation ponds are located south of the plant site,. Because of the granular mature of product produced, erosion from stock piles is not considered to be a problem; C-3 STREAM REHABILiTATION While the quarry lies parallel with Dry Creek the quarry operations are kept out of the stream bed, The only interference with Dry Creek cones from stream bed crossings. All applicable permits have been obtained from the Department of Fish and Gailie. C-4 RE90VAL Or EQUIPMENT ANDMATERIALS Upon completion of Duke Sherwood Contracting ;ening operation, the plant site will be dismantledand removed from the site. Should material sto;,k piles remain they will be either removed from the site or uniformly placed in an area that is to be reclaimed, The plant site and all unreclaiined areas will then be reclaimed, The mobile equipment used for this reclamation will then be removed from the site, Tie evaporation/siltation pond will renal to enhance the environment,,!! setting and to provide an additional watering ,pond for the livestock; 7 a RECLAMATION COSTS`FOR LUCKY 7 PTT } The following is a cost breakdown with equipment to be used for the reclamation, The area to be reclaimed will be uniformly graded using dozers and a grader, applying water as needed. A blend of grass seed, as approved by agricultural commissioner, will be spread over the area.. Seeding will take place in the fall or spring of the year depending on wheather conditions at that time. All slopes will be flatter than a 4;1. A. Equipment Item Quantity $/Day Total. Days Total Cost CAT D -8N DOZER 1 1300 1 1300 CAT 140G ROAD GRADER 1 650 1 650 WATER TRUCK 1 425 1 425 TOTAL $3450 B. Labor Item Quantity $/Hr. Total Hours Total Cost D8 Equipment Operator 1 45.00 8 360.00 140G Equipment Operator 1 45.00 8 360,00 Laborer 1 35,00 8 280.00 Total $1000.00 C. Materials Item Pounds per acre $/Ib. Total $/Acre Total Acres Total cost Seed Blend 35 9.25 323,75 5 $1618,75 Total $1618.75 Total cost for reclaiming each 5 acre work area will be $6068:75 0 • t t ^.t L 041 120 000 0030 STATUS. ACTIVE LUCKY SEVEN RANCH. INCOPPORATED • ROUTE 1 BOX 196 G,OVILLE CA 95965 L: 134.1 I40 1365 fifss%s STATUS: ACTIVE L 041 1213 1.16 17!:14%f STATUS; ACTIVE LEEN BRADLEY V & DAWN U JT SUNN L. [; $ AIA LEAH MARTIN & LEAH BUNN 1913 FAIRHILL DRIVE: 4741 LUC14Y SEVEN LANEORCIN I LLE CA 95966-9503 OROVILLE CA 95965 L: EJ41 121%1 029 171707 STATUS: ACTIVE L: 1741. 540 0728 0190STATUS- ACTIVE mABON CASSANDRA ETAL JT BEVERI'TT REVOCABLE 'TRUST HORNING MERRITT CHARLES & BEVERLY JUNE p o 13OX 166:1 2344 CASSANDRA PARADISE CA 95969 ,OROVILLE CA 95965 L 041 120 1T03f:1 (ks1"sl STATUS, ACTIVE L: 04i. 540 0324 1%s(11%f 61"ATUS: ACTIVE HAUGhf RICHARD itl & TRISHA FOLEY JOSEPH S & I,:ATHRYN V 4290 PRAIRIE OR P O BOX 511 OROVILLE CA 9596; OROVILLE: CA 95965 Li. 0341 1217 081 0301%f STATU411 ACTIVE L. 041 540 0727 000' STAT08: ACTIVE HARRISON ?A1jES STAL DEAN Jf1h1E 5 E III & VANE E 42507 OLIVE VIEW LN 14x9.3 'TULANE COURT CA 95954-9614 CIfOVILLE CA 95965 NAGAI„IA ✓ ' L 041 1217 tii72 001”8TATUS; ACTIVE L: 1%141 540 028 13110 STATUS: ACTIVE i BOSSERMAN OROVET & CASSANDRA SAYE DUT'RO JAMES L. SS P 0 BOX 1676 1255 CRAMER CI1 PARADISE CA 95967 CARP'EN'TER CA 93013 IW: 0:041. 1203 EMS 000 51TATUS. ACTIVE L; 1: .. ( {., �. tel.. J - lk r . I `elf L. 041 121.;J 0017Of.40 S i'-ATUS ACTIVE LUCKY SEVEN RANCH, INCOkPORATEf ROUTE 1 AUX 186 OROVILLE CA 95965 L; 04.1 180 116 oaffil STATUS': ACTIVE L- 041 140, 065 0lillif STATUS; AC'T'IVE GUNN L. E3 LEEN BRADLEY V & DAWN 0 JT AKA LEAH MARTIN &: LEAH GUNhI 4741 LUCI;Y SEVEN LANE lt?0 FAIRHILI., DRIVE OROVILLE LE Ch 95965 OROVILLE CA 95966-9503 L: 0,41 1,20 Sit?9 1,101:1 STATUS. ACTIVE L: (441 540 028 01.,10 STATUS; ACTIVE MASON CASSANDRA ETAL JT BEVERITT REVOCABLE 'TRUST HORNING' MERRITT CHARLES ,", BEVERLY JUNE P rl BOX 1.66), 8544 CASSANDRA PANADISE CA 93961 OROYIL.L.E CA 9596:1 L. 1%141 120 11131:1 Of -10 STATUS,- ACTIVE U: 04J, 5400, 24 1111110 STATUS: ACTIVE HAUrt-I RICHARD TR &; T'RISHA f~OL.EY ii7SEPH S Z: f(A7TJr\YN V 4890 ORAIRIE OR P p BOX 511 OROVILLE CA 95965 OROVILLE CA 93965 L. 041 12111 081 01.40 STATUS, ACT'IVE L. 041 54s.4 1727 000 STATUS: ACTIVE HARRISON oAMES ETAL DEAN :FAMES E III &: JANE E II -P-00 OLIVE VIEW I_N 1:45911 'TULANE COURT OROVILLE CA 95965' MAGAL.IA CA 75954-9614 L; 1:141 120 1::cS 1%IIJ1%1 STATUS; ACTIVE L. 01.11 540 028 11100 STATUS: ACTIVE BOSSEWAN GRAVER &: CASSANDRA SAYE DUTRO JAMES L 58 P U BOX 1676 1255 C RAMER CIF; PARADISE CA 95967 CARPENTER CA 981313 L„ 140. 180 1:11; 1:100 St'A`I'US ACTIVE L.- 041 5411 03b" 000 STATUS. ACTIVE SMITH ,TIM &; BARBARA TRUST LASSEN FOUNDATION INC SMITH lJ JAMES 2,; nt-. MARA A TRUSTEES 955 ARLINGTON BLVD 2844 ni, EL, l.EFRi I TO CA 9�a'a31) " OROVILLESAPIl1RA CA 9596;< L4 041 WO 008 1illfal 8TATU8`: ACTIVE BALDWIN CONTRACTING COMPANY INC 1764 w t,"YWA',, CHICO CA 959E6 L. 0141 1213 OY7 Ofilt"sl STATUS; ACTIVE r;STER CAROL; ANN FAMII-Y TkUST ETAL FOSTER CAROL ANN TRUSTEE r,0BOX 8125 , PARADISE CA 95;67 ; L. 041 12`J 11195 61130 STATUS; ACTIVE, VANGCJbml EDWIN E & JUNE 4846 1=ENT2 MAW,! r\OAD `1 OROVILLE CA 95965 L., 041 icet3 OY6 dcJt%1i:1 !�I"ATLIS. INAC` IV ;r NEWPORT i LbMAL 4 `_5 JAMBOREE RD it. 41r� , NEWPORT BEACH CA 9R660 n ,, Cameron Downey, Compliance Engineer Department of Conservation Office of Mine Reclamation 801 K Street, MS 09-06 Sacramento, CA 95814-3529 Re Reclamation Costs for Lucky 7 Pit (File 160,26) Dear Mr. Downey: Attached, please find a copy of the Reclamation costs for the Lucky 7 Pit, as provided to the County by the operator. For bonding purposes, the County increased the $6,068.00 estimated cost for reclamation to $10,000.00 by including the additional costs of reclam?''`on, should theCountybe, required to complete the work. The add.L'L-onal costs the County would encounter include developing plans and specifications for bidding the reclamation work, paying prevailing wages to the contractor and paying the costs associated with contract administration and project inspection. Very truly, yours, 1 Crump MC: a,b Director of Public 'Works Fnn7s_ RECLAMATION COSTS FOR LUCKY 7 PIT The g is a cost breakdown with equipment to be used for the reclamation. The area to be r cllaimed will be uniformly graded using dozers and a grader, applying water as needed. A blend of grass seed, as approved by agricultural commissioner, will be spread over tie area: Seeding will take place in the fall or spring of the year depending on wheather conditions at that time. All slopes will be flatter than a 4:1 A. Equipment Item Quantity $/Day Total Days Total. Cost CAT D -8N DOZER 1 1300 1 1300 CAT 140E ROAD GRADER 1 650 1 650 WATER TRUCK 1 425 I 425 F -- TOTAL $3450 B, Labor Item Quantity $/Hr. Total Hours Total. Cost D8 Equipment Oper, tor 1 45.00 8 360.00 140G Equipment Operator 1 45,00 8 360.00 Laborer 1 35.00 8 280.00 Total $1000.00 C. Materials wb.wur.�u.T. ..:ra..rw.lhrM1 Total cost for reclaiming each 5°acre work area will be�$606$7' ..�... w�'..LrL.t..4�.:aw.3Y.��r.•.��..f,7.ysw,..+++•cttJ:r1.Ji:dli:�l).i.r.'�.L�FN:Y•.1Ja•c.:h:,,�r..c+... ,r 9 Robert Sherwood, Ngent Diana. Sherwood, Submitter Duke Sherwood Contracting 495 Stimpson Road Orovil.le, CA 95965 RE; Cali, ni,a Mina ID#-. 91-04-001.4, LUCKY 7 PTT Dear Mr,. Sh. , hood; The Department of Conservation has received the 1994.Mining Operation Annual. Report, required by Public, Resources Code (PRC) Section 2201, for 'the above-roferenced mining operation. The, following informatiQn wets not i' nnl utded in the a)inual report alio mush be submitted before it can be considered complete • The correct status of reclamation,. Yotx reported that redl.amation was certified complete by the lead agenny on September 22 1994. However, you also reported that i6 acres remained disturbed on 12/31./94. F'urthermor'e, we have received a letter from your lead agency dated January 26, 1955 proposing a financial assurance for reclamation in the amount of $10,060, Please correct or explain these discrepancies, 4 A copy of a• lead agency approved reOl,amation plan. On October ;�6, 1954, the Depaa:tMent provided comments on the draft recldmati.on plan, As of this date, a copy of the final approved reclamation plan has not been tiled with olir office. 6. 0 Proof of lead agency approval of tris reclamation plan, A copy of tl�e financial approved by the leadaC�� 2nty, The Department liar roceiVed various riders and attachtttenta to a financial aSeurande m6chanism relating to the Lu, -,%y 7 'miniAq operation, HOWevor, We have not received a dopy of subject mechan�sm (surety bond) itself: a Mr. Robert Sh? vaood a Me i Dianet Shot wood. July j9; 1996 Page 2 Purt,herltlore, we have not received at updated copy of the fi.na,ncial assurance cost estimate for review: Pursuant to PRC Section 2774.c () prior to approving a surface mining, a�iel`ation' g res] amation plan, financial- assurr'.1nc',i'.',s,, including existing financial assurances... the lean agency... shall submit the plan, assurances, a7: a►tiendments to the director for review. To date, we have only received a cost estimate of ;$6068,75 for 5 acres (submitted with the draft reclamation plan),, and, a setter dated January 26, 1y9F fro,,, the lead agency stating that ►M would. be Suff� cient to cover County costars that $10,000,'Ob Proof of SMARA lead agency assurance. g Y a px`vval of the financial. Public Resources Code Section 2207(c) requires that the additional i17formation be lsent, to otic Office within 30 days of belassereceipt sedof thi letter or nail adiiUnistrative penalties ttlay Please send the additional nfoniation.to: Department of Conservation u.C;CJ.Ue of Mine Reclamation 801 K Street, MS 09-05 It you have any Vesti.ons regarding this letter, please contact Our Office at (916) 323-919a. Thank you for your caaptrat-ion, Sincerely, Cameron Downey Compliance 211gineer Oct Butte County Planning Department .wm..aw.,:;�.u�K+,�'�bfN-�k..,i:v.-...,..a.+=<7�-r±�.rw:a.,...+...:.:,,.:......n..•..;�.a.,r..r �.��--- - V q r;. DUB S R WOOD CONTRACT NG, M. Gowal Engineering CO>ttrrVtor #3P1,027 495 STCMPSON ROAD OROVI C. -, CA 95965' (910) 533-2710 GATE .,- " - --- r_ TfhtE 0Atvi, OP,M. NUMBER OF PAGES _� (Including Covet Leuer) ."_----7nw) NOTE: IF YOU 13M NOT RECEIVE All. oP t'Ht i Arg.s Ott IF YOV HAVE A QUESTION, PLgASE CA" THE V"IFYINq NUMacn (FIF To 0. UAW NAME Avb�E35 _ SUBJECT Alit O FAX No, CAX'No VERIFYING No. fREMARKS 1 \y ' u r y oun kA"1� �r t\T11RaL tr\rFtTl AiJD �iEAE4f }— -�- PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95966-3397 TELEPHONE: (9161636-1601 August 14, 1995 FAx i9161 3s-7765 a, Cameron Downey Compliance Engine(; r Department Of Conservation Office Of Mine Reclamation RE: Additional information requested for the Lucky Seven Pit (Duke Sherwood), California Mine ID# 91=04-0014 Dear Cameron: Enclosed is a copy ofthe Reclamation Plan for the Duke Sherwood "Lucky Seven Pit" on file hi our office; This is the County approved Reclamation Plan; Also, I am including the other material we discussed in our phone conversation on August 10, 1955: * Minutes of the Planning Commission [Proof -of the Approval]; * L.etpy of original ter from Publics Works n -.,or re cost Assurance Bond; estimate breakdown for bond. I phoned the project engineer for Duke Sherwood, Ken Lenhardt, who assured me he w Would get a letter off to you regarding 'the first bullet of your July 19, 1995, letter, If you have any further questions regarding this matter please feet free 'to call me at 538-7501. Sincerely, Stepp n Hackney � „ Associate Planner 1:�d'owleyatr _ eNf r. r t•, cif iA, •N' �y �'�° � _ r` i r.` _ �',Q `� y4,., p ^ U Date 08 29 95 � / /, elog ■eat nervi ces Depa�t . Time 2 0 49 m A litamt .BU1J*. g Wo.rkxheet page 1 = 94-63 *MP /Rec . Pl Duke fteiwciad Controctin4 ; ^ In_.. , rv 495 Stim1p6lin Rd. Oroville, CA 95965 In reference to Mining'Permit/Reel. Plan, AP# 041-120-001, 115 Rounding None Full Precision: No Last bill : / / bast aging Last charge 07/27/95 ra ,,;,Last payment s / / Amount $0.00 ate Slip,, Description HOURSJRA AMOUNT TOTALS 04/25/94 Paula A. / C 1.50 51.00 #1015 CLERICAL _ 34.00 04/25/94 Larry / P 2.00 118.00 ,#1025 PROCESSING 59.00 05/02/94 Steve B. / P 0.25 14.75 s 101062 PROCESSING 59.00 05/23/94 Steve 41 / P 2.00 118.00 #1241 PROCESSIVG 59.00 05/23/94 Steve B. / P 0.25 14.75 #1250 nROCESSING 59.00 05/23/94 Steve B. / P 0.25 14.75 #1;.151 PROCESSING 59.00 06/27/94 Steve H / P 2.00 118.00 01509 PROCESSING 59.00 07/04/94 Steve H / P 0.50 29.130 #1507 PROCESSING 59.00 07/11/94 Steve H / P 5.50 324.50 #1623 PROCE88NG 59.00 07/11/94 Steve B. / P 1.00 59.00 �M1642 PROCESSING 59.00 07 18 94 Steve 01/18/94 88.50 � r'` 1674/ PROCESSING 9.50 59.00 . 0 0 t 07/18/94 Paula L. / P 0.50 29.50 rf1697 PROCESSING f 59.00 t; Date OS/Z9/95 b�:valn merit P �airw�l,ces Depa P . Time 3:45 pm9 SPP licant ,Norksh Billin e�et 94-63*MP/Rec.Pl :Duke Sherwood. Contracting Inc. (continued) DatejSllp-# D'escrintion HOURS/RATE SUNT TOTAL 08/08/94 Lynn / C 1.00 45.00 #2576, CLERICAL 45.00 08/08/94 Steve H / p 0.50 29.50 125,89 PROCESSING 59.00 0,6/08/94 Paula .A. / C 0.25 8.50 #2622 CLERICAL 34>.00 08/22/94 Steve H / P 4.50 265.50 #2773; PROCESSING r59.00 08/22/94 Steve B. / P 0.75 4.1.25 #2786 PROCESSING 59.00 08/29/94 Steve 'H / P 3.00 177.00 #2821 PROCESSING 59..00 09/05/94 Steve:H / P 2.00 118.00., #2920 PROCESSING 59•. ©0 09/12/94 Steve H / P 5.50 324.50 #3016 PROCESSING 59.00 09/12/94 Lynn / C 0.75 33:75 (il #3058 CLERICAL 45.00 09/19/94 Steve ;H / P 0.50 29.50 #31130 PROCESSING 59.00 09/19/94 Lynn / C 0,50 22.50` #316.7 CLERICAT45.00. 09/26/94 Steve H / P 1.00 59.00 #3259 PROCESSING 59.00 09/26/94 Lynn / C 0.50 22.50' #3293 CLERICALr 45.00 10/03,/94 Steve H / P 2.00 118:00 #3.37. PROCESSING 59.00 10/10/94 Steve H /-P 1.28 78.75 03467 PROCESSING 59.00 Aate 08/29/95 .) elogment Services Dept t time z:45 45 gm Applicant billing .-Worksheet Page 3 94-63*MP/RecPl -Duke Sherwood Contracting Inc. (continued) Ij F :a Dat%Slip_# Description - toy S RATE '�iOUId IOTA 10/17/94 Steve H / P' 3.00 177.00 ,3522 PROCESSING 59.00 10/31/94 Steve H / P 2.50 147.50 #3873 PROCESSING 59.00 0.1/02/95 Steve H / P 0.50 29.50 a #4493 PROCESSING 59.00 01./23/95 'Barbra / C 0.75 25.50 #4696 Clerical: 34.00 07/03/95 Paula A. / C 4.00 17.00 #.6189 Clerical, 3 0 01/17/95 Paula; A. / C 0.50 17.00 #6328' Clerical 34.00 ,TOTAL BILLABLE TIME CHARGES $2,765.00 49.00- pat%_ hip# Description _ OTY.-,/PRICE--- 08/18/94 Lynn/ $0 41 #3907 Publish legal notice in Oroville 11.76 •1.1.76 Mercury Register TOTAL BILLABLECOSTS $11.76' $21776.76 TOTAL NEW CHARGES PAYMENTS/REFUNDSLC-EgDITS 04/19./94 Deposit -Receipt #14159 (c,500.00 ) (11216.16) 08/29/95 Deposit -• Receipt 014999 TAL PAYMENTS/REFUNDS/CREDITS ($2,776.76) a • i� ���� v r l3 „1i•. a' 7_ LAND OF NATURAL WEALTH AND BEAUT PLANNING DIVISIOfV, DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-M97' TELEPHONE: 1916) 638.7601 FAX:1816) 638-7785 July 27, 1995. Duke 'Sherwood Contracting, Inc: 495 Stimpson Rd: Oroville, CA 95965 CERTIFIED MAIL Re: Mining Permit, AP 041-120-007, & 115 Dear Sherwood; Enclosed is your validateti Mining Permit and Reclamation Plan No: =63 to allow on 550+ acres in an. A-160 classified zone Should you have any questions regarding this matter, please contact this office between 5:00 a.m. and 4:00 p.m., Monday through Thursday; V ry truly yours, arX g 1 I 'nn ng a ger BKH!pa Eno: cc Land Development Division Building Division Environmental Health Depvirtment of Forestry J;1temP\ups I� + 94-63 PERMIT NO. 041-'1_20.007 115 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Duke Sherwood, Duke Sherwood Contracting Inc., Lucky 7 Ranch is hereby granted a Mining Permit in accordance with application filed: April 19, 1994 to allow a Mining Permit and Reclamation Plan on property zoned "U" (Unclassified) and A-160 (Agricultural - 160 acre parcels) located east of Clark Road, along Dry Creek, in central Putte County, 1. Failure to comply with the conditions specified heroin as the basis for approval of application and issuance of Permit, constitutes causefor the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec, 24.62; 2. Unless otherwise provided for in a special condition to this Mining Permit, delivons must ery the counters g edpermitted to to thePermithe ttee. 12 months of the elvery 3: IT' any use for which a Mining Permit has been granted is not established within one year of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 4. 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. SPECIAL CONDITIONS 1 Mining activities shall be prohibited from riparian corridors where riparian vegetation is located, Z Should any historic or prehistoric sites, features, artifacts; or human skeletal remains be discovered during project the development, the Butte County Development Services Director shall be notified and activity shall cease until a qualified professional archaeologist has been consulted to assess the archaeological or historic significance. 5 `rhe applicant shall post a performance bond or other financial assurance in an amount and form acceptable to the Director of Development Services, Director of Public Works and County Counsel, prior to issuance of the Mining Permit. 6. Construction materials, equipment, tires, or other mining related items that are broken or in disrepair, shall not be stored on-site and shall be promptly removed from the site. 7. The applicant shall pave the entrance from Clark Road (State Route 191) back to the caitle guard within six (6) months after issuance of the permit, to Public Works standards and approval: 8 Prior to the issuance of the Mining Permit, the applicant shall obtain the necessary stream bed alteration permits required by Section 16001603 of the CaliforniaFish and Game Code. 9. The mine operator shall submit annual reports containing information regarding cubic yards of resources mined, number of acres mined, number of acres reclaimed; etc.. Annual reports shall be submitted by January 21 of each year to the Department of Development Services 10. As a condition of approval for the permit, or the reclarriation plan, or both, periodic- on-site inspection and monitoring by the Director of Development Services,. Director of Public Works, or contract monitor, and the Butte County Air Pollution Control Officer shall be made to evaluate continuing compliance with the permit and the reclamation plan. The monitoring shall be on an annual basis. 11: The applicant shall pay for the costs of rhhisime designd nee, neexDi ector of Publicenses of tions VVorks the Director of Development Services, o g f or contract monitor, and shall be billed this amount after each Inspection. 19. A Reclamation pian shall be submitted and approved prior to Issuance of Mining Permit. 13, The applicant shall comply with all other State and local statutes, ordinances, and regulations. NOTE: Minor changes may be approved administratively by the Director of Development Services, or designee, upon receipt of a substantiated written request by the applicant. Prior to such approval, verification shall be made by each Department or Division that the modification is'consistent with the application, fees paid, and environmental determination as conditionally approved. Charges deemed to be major or significant in nature shalt require a 'formal application for amendment. hereby declare under penalty of perjury that l have read the foregoing conditions, that they are in fact the conditions whch were imposed upon the granting of this Mining Permit, and that I agree to abide fully by said conditions, Dated: % /3 .� Applicant NOTE: issuance of this Mining Permit does not waive requirement of obtaining Building and Health DepartmQnt permits before starring construction, nor does it waive any other requirements. tal Bu CoUhty Planning Commission Chairman co Land Development Division Building Division Environmental Health Division Department of Forestry tl � ♦ �'u+ wT� o r' Litter -Depart emorand m DevatopmentSOWes w,y TO, 9TI,Y, FARREL DIRECTOR OF DEVEI C7��ENT S T,^ES ,�A�'� �nF1995 Orovilte, California FROM: MIKE GRUMP, DIRECTOR OF PUBLIC 'L�',ORK�3 � � ✓� suBjECT RECLAMAT1ON COSTS ,- LUCKY 7 PIT (DUKE 'SHE.tR'WOOD) FILE #160.26 O AT ra JANUARY 9# 1995 N .After a review of the Lucky 7 Pit Reclamation. Plan/ Reclamation Costs and a field site inspection made with the operator in early December 1994, 1 have the following comments and recommendations; l' °The or,_,inn mining operations'i*lcorporates very shallow pits ranging fro,,, .Y to 6 feet in depth. °Reclamation of past mini.g operations is ongoing with satisfactory results. °Reclamationis accomplished by uniformly grading aras so that all slopes will be 4 1 or flatter. This can be easilydone With a grader and/or dozer. °The Engineer°: estimate for reclamation costs for each 5 acre work area of $6,068.75 is probably satisfactory, however, I would recommend we'increase'•the amount to $10,000. °Recommend that the operatorsuk'mt a bond of $a 0, 000 for reclamation costs. dd 1{41; *J r � �' � ', k.Y'r't'!�E^i'i�'ikry^5lcyN qµ n 4" 8}r. x•{,l,+� Stats of California i ^ u -; a ;,;; ' DEPARTMENT OF CQNSERVATION CA MINE Iq /-ok o14 . 1994 MItViNG OPERATION ANNUAL REPORT MRRC•2 Page I (Re'vised04/95).IIAiNE NAME LUChu r 1, lo�mpany petatin9 xr Site Contact Person' tea` Telephone :Rkp S.44,,{Tu/ogd co4txarzt(.4 144-, rloadoz fitconndu � 9/6 !Q ' Street, Address] P.O. Box No, City State/YIP Code/County d 495 .5`ti:mparan Road OnovG,L.Ie Via. 9595 Buf.te 2: posignatud Agents Rome (individual must reside in a ng reqs Ro$eai C. Shenwood 495 St mPaoa lcoaa' City flAovi llQ Ca. xlPcnde 95955 Tel e}�hpr�e 5.33-27/0 _ ITEMS BELOW W.'ICH ARE, PRECEDED BY A BOX LABit:LED N.C. MAY BE CHECKED—IF THERE ARENO CHAN ' taES IN THE INFORMATION FROM THE LAST,REPORTEiJ'G YEAR. (NOTE: IE °PHIS, IS THE, FIFIST T YOU ;;HAVE FILED A REPORT, ALL SECTIONS MAST BE COMPLETED'.) 3: Owner of Mining Operation Telephone C. Mailing Address (this address will be used to send next year's report form) city State/ZIP Code Country (If other than U,S.A,) Was this operation purchased by you during reporting year? Was this operation sold b reporting yy p y you during Year? A �`i i4i.n h 1, .•,.l:,y.'r{.yerykY4 wkr4a Nl..ri,U 3Rr. •W:�+'W k� A=VFkx' `b�ral^91.f � A„. •. �. ti .,.. �,.� . •ry(hl •4''!~ x fi . N Y � {,a,y Y �.VriV#+1I.F6Yi+ Ifi. � �`iY,f .r. r. � @9y8$. da@"et aal0Yea, �Yes.dat@ ? No r xaoa, k w..,y 4. Landowner•F. Assessor s parcel #' c N,C: Malling Address Telephone 11 ' City/State/ZIP Code Country (It other than U.S,A.) `I 6. +gtatua of A Inintt Activities DURING THE REPORTING YEAR CHRC t ONLY d N@wly Parmltt0Not yet In opeeatlon, bate Permltted Active: \i ❑ idle (as defined In Public Resources Code Section 2727.1). Complete the following: ; bate operation became idle _ Copy of Approved Interim Management Pian 6ttached,l.t— I_ I Interim Management Pian pending %Ith Lead Agency, I A H PR ate. u MITTA[: ' ir❑—�� Closed with no intent to resume. Data minis:: gassed , a LJ C�oced-reciarautlon cortlfl@d complete by brad Agsnc)! bate mining ceased •� � "�',- ,. .. nR6. .hv ;...,,«.,; m „::. re _.4, ,.,.,: .,.11 ., s+:,e �v e,' Slatua of Roolamation Activit ea DURING THE REPORTING YEAR CHLt~it 4,ONI:Y �_� M Reclamation0ct"atarfed, 4: ❑ Reclamation In progress (attach updaMed reclamation plan mopindicatine ptodvoas). i Declamation oertiii@d con:ploto byLead Agency'1-1 AGf{i~11 I"IAI idAl . Roolamatlon oortlffed complete oq—��Y��'���' (pate)'.: �� ' Financial Assurahoee released on (Dote), b1bTlillnuTiONt Whlie—btala Yeiiow--Dead Agency Pink.-CoonibIr 0 OWA., "' C" `" q a: t h,. tiew .of Coiifomttf '>v. h. tri DEPARTMENT OF CONSERVATION 1994 MINING OPERATION Ah1NUAl REPORT q1 4O4OQIIE CA MINE ID #' r MRRC-2 Page; 2 (Revised 04/95) " Y a . . ® NO Inspecii6ri completed by Lead Agency during the reporting year: 1` 7, ❑ YtS If yes,,,attach the goldenrod copy of Surface fl" ting Inspection Report (MRRC-1), It inspection report is not attached, please explain on Rage 4.' "BA . ISMARAr Lead A ency (city OR county ONLY1. -- N C. gb, GNECK'ONE Plan Status 0 ,Reclama"•fon N.C. ❑ No Plan Q Approved on (date), Attach copv with amendments, conditions, and PROOF of approval, Number of acres subject to Reclamation Plan, r Pending, Submitted to Load Agency on (date), rATTACH RROOF OF SUBMITTAL On Appaai. Submltiod to SMGS on _(date). ATTACH PROOF OF ISUBMITLAL, � 9; Uk YC•5: Financial Assurances approved by Lead Agency. ,ATTACH COPY AND PROOFOFgAPPROVAL Complete beloW for approved Finanolel Assuranras: Dote of Annual Roviow aplraoon Date or Amount Type onto Posted by Lead Agency Renowat Dale (if applicabto) I0 oo. _ viand - I0 -2I-9 ❑ NO: Financial Aasurancee NOT approved by Lead Agency. Chock reason below: 0 Financial Assurances pending with Lead Agency. Submitted on (date), I ATTACN,PPOOl; 'OF SUBMITTAL ❑ Financial Assueancob appealed to SMGt3. Subinitted on - (d�ttt)� „�1t (ACH Phi LI „4�f,".,Slrr?A11T�l Ly s an «sa rs�.m ri�rr,r rr..� ...• ••. . . � , . IF APPLICABLE; INFORiI ATIOM RFQUIRi±D Ii>) ITEMS 10 THROUGH 13 MUST BE PROVIDED FOR EACH SEPARATE PLOT ,. •> ' 10, ATTACH NAMED U.S. GEbLOGICAL SURVEY MAP -70 OR i6l QUAD—SHOWING 13OUNDARIES OF MINING OPERATION H G Latitude Longitude Soction�Township--Range—Base Meridian Quad Name County 1 i, Type Code(s) of Mining Operation . _ SEE '.E7 o 1317 A FOR TYPE CODES N.C. L DISTURBED ACREAbis CORtIpLETE'[f171RE SEttT10Iy°' Y v ' i, 61K Approximate disturbedacreage at beginning of 1994, (This figure should match the figure from item 12, flee 6 on your 1998 t annuai report, If It does not match, pleaso explain on Page 4,) m 2« -- 5.0 Approximate acreage disturbed during 1994. 3, 5.4 (ADD LINE 1 TO LiNE 2) Approximala disturbed acreage reclaimed during 1994. 1 n of )994, 5, (SUBTRACT LINE 4 FROM LINE 3) Approximate disturbed acreage remaining at end w r� 13, CMiEG'K ALL1,...N,R�LY h w.+r: T u , ._.i ` R+^7.M�1 �1 •, t�,C' ..f. sddl.r� ❑ Acres Permitted,. 8 Parrot 4- _d 0 Acres Vested '(Acres disturbed poor to January it 1970 Lands. _. - � . _ ❑ Acres on, FederalPermitllD # iii« N.C.,$ Current tote) nssesaed value of mining operation as established by County Assessor's Office i 6161131BUTiONt Whlte- statu 'Yell6w—Lead Agency Pink• Operaldr ve sa416 ..:- Ct' �� .. H;s State � �f l".aliforniq ',�ti 17EPARTMENT OF CtNSERVATIONCA MINE 1D1,# gCII�OAI 1994 MINING OPERATION ANNUAL REPORT ri I, MRRC-2 Pago 3 (R6viso 04/45) k, ODITIFS AND PRODUCTION LEE `rEkHIBIT B`FOR ,COMMODItiIES AND UNITS :OF MEASU r 15. 'COMM PRODUCTION INFORMATION IS PROPRIETARY AND i� p•> WILL FIE KEPT CONFIDENTIAL PURSUANT TO 60VER14MENT ;CODE' SECTION 6252 Rot TOTAL PRODUCTION Check hero CHECK ONE.` yr Category if No Number Production A nacHnt ui Short Troy List All Commodities (from p.ot,gctl:,+; Tons Ounces Pounds (from Exhibit B) Exhibit B) - Gommcdliy , ' A. PRIMARY COMMODITY PRODUCED BY OPERATION a� B. ALL OTHER COMMOAITIEb' N„ PRODUCED BY OPERATION J RODUC710M CODE IN Ie(A) N",URFEERtJ CTO: FIND. V.OUR 18. REPORTING FEE FEE rSCHEDULEI USPODUCTIO., RANGE. ENTER YOUR CR :ANI)' 7.OiAL: f?RObUG710N_ FROM. "16(A) ABLY•'' , i8(B) gSLOW, (, "CORRESpONDINd pING BOTH Y,OUri ,CATEGORY.kNUMBEORRESPONbING P d '"'" '., FROM EXHIM.xlT ifl A. PRODUCTION CODE B. REPORTING FEE ATTACHED $ /) FROM- EXHIBIT I`� SUR__MITTEDBYt Y'ourName(PleasepPlnt) /+tr���' ��tr' ►ur•}nc'_y � 1 R , Lr Li72pJA0)At RO�....� Xour`Mauing Address OA a V L R O" Cltyjstate Izip Code — +� .7-2710 1 Your Telephone Number 1 cthat the Information suhmhted herein In complete and ertify accurate (failure to submit compieto and ac a+!rata r0a,auisite Information may result in en adminlstrative penalty as provided tot in public �tosourceo'Code Section 2774.1). t :a.1"t:'F:� SIGNATUREOF SUBMITTER }a TITLE of SUBMITTER----------------- Aei d�ri Please mall anhuai Yoport teporling leo, antl ALL roquirad nttachmonte tot pOWMENT OF CONSERVATION ' y' Office of Mine Reclamation 801 K Street; MS 00-06 Sad6nicftto, CA 95814-3629 «; DlgvnIbUT10Ni White— 4late : ydlloi* l-inn Agbnay F?Ink—�'pa itµ ' September 23, 1994 Duke Sherwood Contracting Inc: 495 Stimpson Road Oroville, CA 95965 Re: M riing Permit and Reclamation Pian, AP 041-120-007,115 Gents©mer: M the regular meeting of the Butte County Planning Commission held September 22, 1994, your request for a Mining Permit and Reclamation Plan on property zoned A-160 and "Ll" located off Clark Road, Central Butte County, was approved subject to the following conditions: 1: Mining activities shall be prohibited from riparian corridors where riparian vegetation is located. (MM) 2: Should ally historic or prehistoric sites, features, artifacts, or human skeletal remains be discovered during the project development, the 'Butte County Development Services Director shall be notified and activity shall cease until -a qualified professional archaeologist has been consulted to assess the archaeological or historic significance. (MM) 3. The applicant shall comply with emissions and dust control requirements of the Butte County Air Pollution Control District. 4 The applicant shall provide toilet facilities per Butte County Environmental Health standards. 5. The applicant shall post a performance bond or other financial assurance, in an amount and form acceptable to the Director of Development Services, Director of Public Works and County Counsel, prior to lssuanca of the Mining Permit 6. construction materials, equipment; tires, or other mining related items that are broken or in disrepair; shall not be stored on-site and shall be prompt' removed 8. Prior to the issuance of the Mining Permit, the applicant shall obtain the nerassary streanmbed alteration permits required by Section 1600-1603 of the California Fs and Game Code. 9. The mine operetor shall submit annual reports containing information regarding cubic yai�da of resources mined, number of acres mined, number of acres reclaimed, etc.. Annual reports shall be submitted by January 31 of each year to the Department of Development Services. 10. As a condition of approval for the permit, or the reclamation plan, or both, periodic on-site inspection and monitoring by the Director of rDavelopment Services, Director of Public Works, or contract monitor, ; rid the Butte aunty Air Pollubon Control Officer shall be made to evaluate continuing compliance with the 'permit and the reclamation plan. The monitoring shall be on an annual basis. 11 12. The applicant shall enter into a funding agreement with the County of Butte to finance the costs of the annusl inspections prior to issuance of the mining permit, The agreement shall require the ,qppiicant to submit a cash deposit of $500.00 to cover the costs of the time and expenses of inspections by the Director of Development Service., or his designee, Director of Ptjl^llc 'Works, or contract monitor and shall replenish this amount on an annual l: �sls as is needed,' A Reclamation Plan sh?ll be submitted and approved prior to issuance of Mining Permit. 13, The applicant shall comply with all other State and local statues, ordinances, and regulations. NOTE: Minor changes may y be approved administratively by the :Director of Development Services; or designee, upon receipt of a substantiated written request by the applicant. Prior to such proval, verifiication shall be made AAs . by each Department or Division that the riyodifiication is consistent with the application, fees paid, and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a fbehi?, application for amendment. Should you desire to appeal arly of the conditions imposed by the planning Commission, You must dd so in writing with t1,1e appeal fee of $250.00, tr> the, clerk of the Board of Supervisors, 25 Coun4l Center Drive, Oroville, California, prior to 6 Oo p.111., 1=riday September 30, 1994. If you do riot appeal and if there are no other appeal within the 8-' G- SteM' of Calfforn b �y 1 1 , . THE RESUURCES',AGENC 7 MEMORANDUM To Project Coordinator bates September 7, 1994. Resources. Agency Steve hackney Butte County Development Services Department From: Department of I"onservation Office of Governmental and Environmental Relations Subject; Proposed Negative Declaration for Duke Sherwood Mining Permit and Reclamation Plan, Project No. 94-63; SCH # 94083034 The Department of Conservation's Office of Mine Reclamation has reviewed the Evaluation of Environmental impacts for the above project. This project would allow the excavation of sand and gravel -from a 550 -acre parcel adjacent to Dry Creek. A reclamation plan, prepared pursuant to the Surface Mining and Reclamation Act of 1975 (SMARA) (Public Resources Code Section 2710 et seq.) and the State Mining and Geology Board regulations for surface mining and reclamation practice (California Code of Regulations (CCR) Title 14, Chapter 8 Article 1, Section 3500 et seq,; Article 90 Section 3700 et seq.) was not included with the Environmental Evaluation. The Environmental Assessment, however, indicates that mining has bee,z occurring on this site for approximately 30 years: I RA Section 2770(a) states "Except no person shall conduct a surface mi'xcept as provided in this sect mining operations unless a permit `is obtalaed from, a reclamation - Plan has been submitted p b rtted to and approved by, and financial assurances for reclamation have been approved by, the lead agency for the operation pursuant to this article." SMARA Section 2770(b) states that "If a reclamation plan is not on file by March 31, 1988, the continuation of the surface mining operation is prohibited until a reclamation plan is submitted to the lead agency." i Please provide a i:opy of the reclamationlan for review and comments, p The plan should be submitted to the Reclamation Unit, Office of Mine Reclamation, at 801 K Street, M.S. 09-06, Sacramento, CA 95814-3529, If you have any questions on these comments or require any assistance with other mi ne reclamation issues, please contact James S. Pompy, Manager, Reclamation Unit, at (916) 323-8565, /`*Jason Marshall Environmental Analyst oc; `l;`im Kustic, Office of Mine Reporting and Reclamation Compliance �;.***ak**�**-*9r** **** �ti�`X�`•sl'�'�'!F-�r *:-**�*:;'k******tk�l*r;3�r:*:�**ii*.**�:*Y**otic*4*****fir***�r«:«: ounk LAND Or NATURAL 1NE:ACTH AND :BEAUTY PLANNINGDIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7'coUNTY cmrER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: 19161 538.7&& FAX: 0161530-770S BUTTE COUNTY SURFACE MINING AGGREGATE OPERATIONS COMMITTEE AGENDA DATE July 28, 1994 TIME: 10:00 am PLACE: DATA PROCESSING CONFERENCE ROOM 1 County Center Drive Oroville, CA 95965 PUBLIC HEARING PROCESS: 1. Committee discussion 2. Public comments 3. Close public portion 4. Committee discussion 5: Motion DISCUSSION ITEMS WILL BE LIMITED TGC THE FOLLOWING: 1 Discuss status of Carr Mine. 2, Committee Review of Mining Permit/Reclamation _Plan for Duke Sherwood Contracting Inc: & Committee Review of Green Rock Quarry Initial Study, and recommendations to staff. 4 Adjournment aunt 'P- PLANNING DIVISION' DraPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE ONOVILLE; CALIFO^NIA 95965.3397 TELEPHONE: (9161538-7601 FAX: (916) 538.7785 January 24, 1995 Department of Conservation 801 K Street Sacramento, CA 95814 Re; Insurance Rider Adding Additional Obligee Gentlemen; Enclosed IS an original insurance ;rider adding an additional obligee for the Duke Sherwood Contracting Mining Permit, Please sign the original and return it to this office as soon as possible, As soon as we have received all the necessary signatures, a signed original will be sent to you for your records. Thank you for your cooperation, I am sending you a self-addressed, stamped Envelop for the return. Sincerely, i Lynn Richardson Administrative Support Service Assistant /Ir Y /yry µ , acrid u 2438559' _ P,mml ADDING AMITIODIAL OBLIGE i7 2438559 datad tho To be attachod to and f-rm a part *I E$4nd Na; , 21ST day of t]CTOB'ER 19 94 j twuad by the MaMM FACMC . an behalf of DM SBEMMrvOOD CONTRACTING- r J��'tANCv COl!SPANY as Surety, .r„_.-.---- as Obilgee. as Friiscigal la favor of CDUN'Iy' OF B ' the r oast of the P: incisal and Obliq" L%e attached boad is horobY amended VM—SREAS, up= to add ,. �.....DEY`' MEM OF CONSFRVATIOfi - as as a¢dltcnaf ablYee. F.tOVMF.D, HOWBVE3t: undor this bond W the Obligees, �` eithoc of them, uaI the said 1. T'nora nhali be no Ilablllt r shall nsaSco pas,rsent+r to the p:incisal Strictly in adcord=cs with Obl'troes, or a►th°r of theta, and oncli c ora all ai the other obl'tgationa. tya: torasa of raid contract ae to paymc�� lA be performed undor said oentract it thtlontthe others 1a the manner therein set Iorth all of the 9c'a of on© Ob1l;,aa baWs� 2. `et rth"tZi gate 1'labiIity of the ortrutp under ua c: head ►a t.':u ,vmt a'o gem, as choir jntor^ .ys may eopeur, is 1'imitod to tho Isonal Sum df said toad, c tion malts say Pa?"12°nt ttssd0r laid bond by chock sa�ou' :+ainttl +o 3, iva surety mn;r, at Ita p the blat-obLigee$: ed bond ohail be ub'lac t to all its t P ooaditictut sad limitation: except a: berets tnadfitied. 1'I,e attach .ramp, SignAd, sealed enc{ dated tttie �ZS1^s�,� day of jqO 13E8 ACCEEME LINK D p2.CiF C VS U�NCE COMP.AV c . t;-ar ti 1 Nr Attornoya}tt•raOC ✓r ' BV.= L. dC G"= =' yJ ,� —Dep ixt" e 0 ConSetvAt on a yR ,n ALL-PURPOSE CERTIFICATE STATE OF CALIFORNIA) ss COUNTY OF SACRAMENTO) On NOV 2 8 19,% before me, Dona Lisa Buschmann, a notary public, personally appeared Betty L, McGarrity, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacty(ies), and that, by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the .person(s) acted, executed the instrument. WITNESS trmy hand and official seal. A , BONA USA BUSCHigN�, -. 5 comm. tt to t1oTMY P(J860. 346 b i I+� CCry�n Gx keo COR bA ro - P Aug. 3. 1998 Y ► F PACIFIC li,S V inti NC ANY HEAD OFFICE, PHILADELPHIA, NNSYLVANIA PE POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the UNITED PACIFIC INSURANCE COMPANY, a corporation duly organized under the laws of the State of Pennsylvania, does hereby make, constitute and appoint Betty L: McGarrity, individually, of Sacramento, California, its true and lawful Attorneys) -in -Fact, to make, execute, seal and deliver for and on its behalf, and as Its act and deed any and all bonds and undertakings of surstyship and to bind the, UNITED PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if ,uch bonds and undertakings INSURANCEand other f Were an of COMPANY and sealed and attestedted by one er obligaIn tory such o e nature thereof andcers, d hereby raned tifies es and Executive sy f confirms allthat its said Atto nee UNITED I y (s) n -F ct may do in pursuance hereof. This Power of Attorneyis granted under and by authority of Article VII of the By -Laws of UNITED PACIFIC INSURANCE COMPANY which became effective Septembe7, 1978, which provisions are now in full force and effect; reading as follows: ARTICLE. VII • EXECUTION OF BONDS AND UNDERTAKING 1 The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Aasistant Vice President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorneys) -in -Fact and to authorize them to execute on behalf of the Company, bonds and Undertakings, recognizances, contracts W indemnity and other writing, obligatory In the nature tiiareof, and (b) to remove any such Attorneys) -in -Fact at any time and revoke the power and authority given to them. 2. Attorney(s)-in-Fact shall have power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory In the nature thereof, 3. Attorney(s)-in-Fact shall have power and authority to execute affidavits required to be attached to bonds; recognizances, contracts of indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By -Laws of the Company or any article or section thereof. This Power of Attorney is signed and sealed by facsimile under a:,d by authority of the following Resolution adopted by the Board of Directors of UNITED PACIFIC INSURANCE COMPANY at a meeting held on the 5th day of June, 1979, at which a quorum was present, and said Resolution has not been amended or repealed: "Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any such Power of Attorney or any certificates relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company nd any, such Power so executed and certified by facsimile signatures and facsimile seal shall be valid end binding upol ,e Company, in the future with respect to any bond or undertaking to which it is attached," IN WITNESS WHEREOF, the UNITED PACIFIC INSURANCE COMPANY has caused these presents to be signed by its Vico President and its corporate seal to be heretic affixed, this 6 day of October, 1993 _. 4 .,. STATE OF Washington COUNTY OF King Ids, On this 6 day of October, 1993 personally appeared Lawrei to me known to be the Vice Prssfdent of the UNITED PACIFIC ISS ' RAND_ foregoing instrument and affixed the seal of said corporaaFetoi`� Company,and the Resolution, set forth therein, are still In f' rce: s• ^`tinlili ,:.}Sale put 1, Robyn Layng, Ass(ataht Secretary of the UNITED PACIF and corroct copy of a Power of Attorney executed by said IN WITNESS WHEREOF, I have hereunto set my hanrf L% d' abU4431 Edi bei UNITED PACIFIC INSURANCE COMPANY Vice President Caristrom and acknowledged that he executed and attested the tide Vii, Section 1, 2, and 3 of the By -Laws of said Notary Public In and for State of Washington Residing at Sumner ,I I .OniiPANY•r; do hereby certify that the above and foregoing is a true JITE A6l t :'INSURANCE COMPANY, which Is still in full force and effect, fixed4_;at si ,1; Company this 28`E'Hday of NOO M ER 19 54 J at \ 1 iy t Assistant Secretary Bond U 2438559 RIDER ADVANG ADDITIONALOBLIGE- To be attached to and form u part of Band No, U 2438559 , datod the 21ST day of OCTOBER , 19 94 , 1=0d by the UNTO PACIFIC INSURANCE Ct)HPANY as Surety, on. behalf of DUKE S1 ERRROOD CONTRACTING, 1'NC._ as Principal .1A favor o€ COUNTY OF. BUTTE WMF—AS, upon, the r*T sat of the Principal end Gbligoe the attached bond is hereby wnended to 1d: DVAUMM-T, OF CONSIE'.il=IO ee as addlildaal ob4oe, PROVMED, HOWEVER: I, Tfiere 9611 be no liability under this bond to the Obligees, or either of them, unless the said 06l'sgoea, or eithor of them, shall make payments to the Pr 6olpal strictly in acoordamof with tl o tarau' of avid comtcact ac to payments, and shall perform ail of the other obligailonm to be performed under said contract at the time cad In, the manner therein scat lorth-, ail of the acts of ono Obligoo being binding on the other, 2i nn aggregate liability of the raroty under Said bond to the ;dint oeligeea, an thea Intarosts 3. The 9uroty + id may, a�t ita cptiun�meknal aanyf psv Pald antdunder said bond by chats, isnuod ,Wnt(y to the joint obligoae. The attechod bl,—i 9131111 be subject to alt its terms, conditions and limitations except air herela modified, Signed, seared Aad dated this 28TH day of 'l OVME8 ACCEEMDe UNITED ZIFIC INS Attorney tn•Fact H ,r �v Bond U 2438559 RIDER ADVANG ADDITIONALOBLIGE- To be attached to and form u part of Band No, U 2438559 , datod the 21ST day of OCTOBER , 19 94 , 1=0d by the UNTO PACIFIC INSURANCE Ct)HPANY as Surety, on. behalf of DUKE S1 ERRROOD CONTRACTING, 1'NC._ as Principal .1A favor o€ COUNTY OF. BUTTE WMF—AS, upon, the r*T sat of the Principal end Gbligoe the attached bond is hereby wnended to 1d: DVAUMM-T, OF CONSIE'.il=IO ee as addlildaal ob4oe, PROVMED, HOWEVER: I, Tfiere 9611 be no liability under this bond to the Obligees, or either of them, unless the said 06l'sgoea, or eithor of them, shall make payments to the Pr 6olpal strictly in acoordamof with tl o tarau' of avid comtcact ac to payments, and shall perform ail of the other obligailonm to be performed under said contract at the time cad In, the manner therein scat lorth-, ail of the acts of ono Obligoo being binding on the other, 2i nn aggregate liability of the raroty under Said bond to the ;dint oeligeea, an thea Intarosts 3. The 9uroty + id may, a�t ita cptiun�meknal aanyf psv Pald antdunder said bond by chats, isnuod ,Wnt(y to the joint obligoae. The attechod bl,—i 9131111 be subject to alt its terms, conditions and limitations except air herela modified, Signed, seared Aad dated this 28TH day of 'l OVME8 ACCEEMDe UNITED ZIFIC INS Attorney tn•Fact H y. �s wry r rr e fid. , ••�, t'� ) , .. h ss ALL-PURPOSE CERTITICATE STATE OF CALIFORNIA} COUNTY OF SACRAMENTO}`' ti Oniuov `� $ '1�q before me, Dona Lisa Buschmann, a notary public, personally appeared Betly L. MdGarrity, personally known to me (or proved to me on the basis of satisfactory evidence) 'to be the person(s) whose name(s) Ware subscribed to the within instrument arca acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), s.ad that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of ,i?hich the person(s) acted, eXecuted the instrument. WITNESS my hand and official seal, LFA, -�.,, J a 0t1NA IISA BUS _ NnhANN 1034681 MV POW. � �FORI�Iq f ��Wlin Gp4�atd l . q� UNITa � PACIFIC INSURANCE CO 'ANY HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the UNITED PACIFIC INSURANCE COMPANY, a corporation duly organized under the laws of the State of Pennsylvania, does heraby make, constitute and appoint Betty L. McGerrity, individually, of Sacramento, Callfornfe, its true and lawful Attorneys) -in -Fact, to make, execute, seal and deliver for and on its behalf, and as Its act and deed any and ail, bonds and undertakings of suretyship and to bind the UNITED PACIFIC: INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory In the nature thereof were signed by an Executive Officer of theUNITED' PACIFIC INSURANCE COMPANY and sealed and attested by one other of such officers, and hereby ratifies and confirms all that its said Attorney(s)-in•Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Article VII of the By -Laws of UNITED PACIFIC INSURANCE COMPANY which became effective September 7; 1978, which provisions are now in full force and effect, reading as follows; ARTICLE VII EXECUTION OF BONDS AND UNDERTAKING 1.. The Board of Directors; the President, the Chairman of the Board, any Senlor Vice President, any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorney(s)-in-Fact and to authorize them 'to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (b) to remove any such Attorney (s) at any time and revoke the power and authority given to them, 2.. Attorneys) -in -Fact shall have power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is r;ot necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thet9of, 3. Attorneys) -in -Fact shall have power w d authority to execute affidavits required to be attached to bonds, recognizances, contracts of Indemnity or other conditional or obligatory undo takings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By -Laws of the Company or any article or section thereof, This Power of Attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of UNITED PACIFIC INSURANCE COMPANY :t a meeting held on the 5th day of June, 1979, at which a quorum was present, and sold Resolution has not been amended or repealed; "Resolved that the signaG_,es of such directors and officers and the seal of the (` ,,aOany may be affixed to any such Power of Attorney or any certificates relating thereto by facsimile, and any such Po_,er of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such Power so executed and certified by facsimlle signatures and facsimile seal shah be valid ani binding upon the Company, in the future with respect to any bond or Undertaking to which it is attached." IN WITNESS WHEREOF, the UNITED PACIFIC INSURANCE COMPANY has caused those presents to be signed by its Vice President and its corporate seal to be hereto affixed, this 6 clay of October; 1993 UNITED PACIFIC INSURANCE COMPANY STATE OF Washington COUNTY OF King Iss, On this 6 day of October, '190 to me known to be the Vice President foregoing Instruhtant and affixed the Company,and the Resolution, set forth are still in fu! r SEAl e 'V LV,110, Atilstant Secretary of the UNITED PACIFICSTE .)ft .ct,;opy of a Power of Attorney executed by sold U `',,.r:St WHEREOF, y . )have hereunto set m hand and. afifix t r, 8.�.�4 .IJV President svom acknowledged that he executed and attested the VII, Section 1, 2, and 3 of the By -Laws of said Notary Public -In and tot State of Washington Residing at Surnner NY, do, hereby certify that the above and foregoing (s a true IANCE COMPANY, Which Is still In full force and affect, Company this 2$'1'1;day of NOVEKB,uR 19 94 C Assistaw Secretary t7. DIRECTOR'S OFFICE DEPARTMENT - DEPARTMENT OF DEVELOPMENT SErivICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965.3397 TELEPHONE' J061 538-7601 FAXt (9161 538.7105 d January 26, 1995 Duke Sherwood Contracting, Inc. 495 Stimpson Road Oroville, CA 05965 REt RECLAMATION COSTS/ PERFORMANCE 'BONDS Dear Mr. Sherwood; Pursuant to Condition No. o of your current Use Permit, Mike Crump, Direct£)'r of Public Works and 1 have reviewed probable reclamation costs. Given the particular conditions at your site and your excellent wog' in on-going reclamation, it appears that $10,000:00 would be sufficient to cover any County costs. A performance bond in the amount of $10,000,00 naming the 'County and the State Department of Conservation should be submitted to this office. Sincerely; bt Farrel,f Develo rrient Services Director of Public Works crump, hector o p t; W1 MC Jb cc: Ken Lenhardt, GDA Engineering j;\r9ocs\lettot's�sherwood,jb i July 22; 1994 Mr'. Larry Painter Planning Department 7 County Center Drive oroville, California 95965 Dear Mr. Painter; The Department of Fish and Game (DFG) has reviewed the Duke Sherwood Contracting Inc., Mining Permit and Reclamation Plan which will impact Alis 41--1-7 and 15 (5.50 acres). Located south, of Paradise, the project site is situated in the Dry Creek floodplain which contains a riparian wetland plant community: Dry Creek is a permanent scream which is known to harbor a trout fishery nearby. As proposed, the project has the potential to cause significant adverse impacts on biological resources because the proposed ml.tigation measures are inadequate4 we recommend that an Environment al Impact F.teport be required if the following issues and conc:arns are riot fully provided for in the Mining Permit and Recla,;iation Plan: Aquatic ecosysems (streams, lakes, ponds, springs, and their associated-eblands) support a great biological diversity._ Protection of th. ecosystem safeguards watersheds and water quality, reduces sedimentation;; and provides habitat for numerous species. A project's aquatic ecosystem impacts should be mitigated by 1; Establishing a 100 -foot no disturbance setback along stream channels (both banks), around lake (or pond) beds or around spring: . The setback should conr;?ence from the out edge of wetland/riparian vegetation or bank/bed top, whichever is greater. X10 disturbance prohibits the use of the aquatic -wetland area for all types of waste disposal and drainage and precludes vegetation removal. 2. Advising the applicant that any work within the 100 year floodplain, consisting 'of but not limited to diversion or obstruction of the natural flow or cYrang�s in the channel; bedor bank of any stream channel will require prior notification to the DFG pursuant to Fish and Game Code Section '1600 et seq. The agreement procesis is an action separate from the speciic measures to be included as conditions of project approval by the lead agency. Mr. Larry Painter July 22, 1994 Page Two Drainage into streams, lakes, ponds, wetlands or other natural areas should be treated by a facility or Brest Management Practice capable of removing soluble, suspended, and surface pollutants. Untreated waters are likely to retain significant lovels of contamination which sediment 'traps and holding ponds cannot remove because contaminants are lighter than, or soluble with water. Accordingly, holding ponds and sediment traps concentrate persistent pollutants which are released at overflow periods. A wetland mitigation plan must be developed for this project if avoidance is not possible. The mitigation plan must be based on the concept; of no-net-Loss of wetland,acreage or wetland value. The planshould, at.a minimum, describe the methodology of restoration, spec?es used for restoration (only native species indigenous to the area should be used), criteria to judge success of restoration (minimum 80 percent survival), and a contingency plan in the event of failure. Preferred location for mitigation is on-site. if the applicant is unable to fully mitigate project impacts to wetland habitats on-site, then a complete description of off-site mitigation shouldbe described. This project site contains the habitat types known to harbor sensitive plants which occur locally. A botanical survey should be performed during the flowering season (during spring or the appropriate period for potential occurrences) to determine if such species are present. Sensitive plant populations "should be protected by: 1. Establishing a 50�foot minimum no disturbance setback, commencing from the outer edge, around each plant population. 2. Constructint, barriers to prevent damage by foot and vehicle traffic= 3. Excluding livestock. 4 No artificial. drainage into or the placement of materials and substances inside of the nondisturbs.nce area; A qualified bi6lbgis't should survey the project area (including lands adjacent to the project site which will be directly or indirectly affected by the project) for Special concern, threatened, and endangered animal species. Surveys should be of sufficient duratlon and frequency to insure an. adequate detection probability (a 90 percent, or greater:; probability should be attained). Surveys made out-of-season or Mr, Larry Painter July 22, 1994 Page Three of inadequate duration and frequency will, be invalid and will require additional survey effort. Any loss of riparian wetland vegetation should be avoided Unavoidable losses ;should be replaced (prior to loss if feasible) acre -for -acre and value--for-value. All site revegetation should utilize native plant species-. Additional project mitigation would be required to offset the adverse competitive and invasive impacts, on native habitats and " species, caused by the use of nonnative plant species ,for site reclamation. Any activity resulting in loss of habitat, decreased reproductive: success, or other negative effects on population levels of State -listed endangered or th.reat,•ted species may be construed as "take" by the DFG. Take of a Lnreatened or endangered :species may be allowed after consultation with the DFG. This process would require a management plain entered into by the project proponent and the DFG that would -require formalized mitigation to reduce the significance: of the "impact. Similar Federal Endangered Species Act sections apply for Federally-li,sted species. In order to comply with Public Resources Code Section 21081.6, a detailed monitoring program must be developed for all required mitigation conditions. The monitoring program should include the following; 1. Specific criteria to measureeffectiveness of mitigation. 2. Annual'. monitoring for a minimum of five years. 3 Annual: monitoring reports (submitted to the lead agency wid the DFG), each of which include corrective recommendations that shall be implemented in order to ensure that mitigation efforts are successful..' Pursuant to Public Resources Code Sections 21092 and 21092,2, the DFG requests written notification of proposed actions and pending decisions regarding this project. Written notifications should be directed to this office. This project will have an impact to fish and/or wildlife habitat. Assetssment o£ fees under Public Resources Code Section 21089 and as defined by Fish and Game Code Section 711.4 is necessary. Fees are payable ,by the project applicant Upon filing of the tbtice of Determination by the lead agency. ' OAK PROTECTION GUIDELIWt The proposed project will signif—Icancly impact oak. trees on, the ' project site. We recommend that the project be designed so that loss of oak trees which :r:•esults in a loss of wildlife habitat valueire avoided. if the loss of oaks is unavoidable then a ; 0 mitigation pian should be developed which results in the retention of a maximum number of oak t,�E�es and the ��he ' replacement of oaks which are lost. The mitigation plan should contain the following: 1. Individual trees Qr-groups of trees that ate retained as a function of project design should be -fully protected both during and after construction. In order to protect the root zone during construction a root protection zone (RPZ) should be established using protective f encing. The RPZ should be an area that is 1.5 times Mie distance fy,bm the trunk to the dripline. Within this buffer, no grading, trenching, fill, or vegetation alteratiin of any kind should be allowed 2. Following project construction, a fact sheet describing the value and care of native oaks should be distributed to all. residents. At a minimum, this fact sheet si�ould encourage homeowners to avoid unnecessary pruning and. encourage, exZept where a safer hazard, the retention of snags, 3,. individual trees that are unavoidably lost due �o project implementation should be replaced by planting Oak seeds (acorns) or seedlings thatare obtained We from the local genetic stock OL the sama spec.es recommend a replacement rate of 5:1 for trees that are two inches or greater in diameter measured at breast height (&)h). We recommend a replacement gate of 1:1 £or all, trees less than two inches dbh. We recommend that ever, eff6r}- be made to retain large oaks, Oak plantings should be maintained for a period of five years. 4. A five-year Maintenance and Monitoz,ing Plan should be completed for all oak mitigation plantings. The monitoring plan .should include appropriate irrigation schedul•as, as Well as .criteria a'cr success and reestablishment during the 'five-year period: Any trees planted as remedial action for failure of ' init:*�s.l planting shall be monitored for five years in a similar fashibri to the initial. planting. We recommend .'a minimum 80 percent success rate at 4--hr- 'end 'h.s'end of ..lie five-year monitoring period. V YC Ui U.1iIIW Ir I Ii t] ` i1. T RRESOURCE. AGENCY Department of Fish and, Came May'41, 1984 GUIDELINES F01,ASSESSING EFFECTS OF PROPOSED „ DEVELOPMENTS ON RARE `�,l rNOANOEREO PLANTS AND PLANT COM1dUNIT1ES ,The following reccmnendations are intended to help t' ^ who prepare and review, , `iroomental documents determine nd qual,fied to conduct such -surveys, how field surveys when a botanical survey is needed, who should be const fined alifiin e survey report. i ould be conducted, and what information should be t'' 1. Botanical- surveys that are conducted to determine the environmental effects of a proposed development should be directed to all rare and endangered plants and plant communities. Rare and endangered plants are; not necessarily limited to those species which have been "listed" by "state and federal agencies but should include any species that, based on all available data, can be shown to be rare and/or endangered Under the following definitions. A species, subspecie3 or variety of plant is "endangered" when the prospects of its survival and reproduction are in immediate jeopardy from one or more causes, including loss of habitat, change to habitat, ahem ' exploltatlan, predation, competition or disease. A plant is "rare" when, although not presently threatened With extinction; the species, sub;pedes or Variety is found in such small numbers throughout its range that it may be endangered if its environment worsens. Rare plant C:'�munitt!s are those Communities that are of highly limited distribution. These communities Nes may or may not contain rare or endangered species, The most current Version of the California Natural Diommunit Data Base's Outline of Terrestrial Communities in California may be used as a gUide to the dames of communities. 2. It is appropriate to conduct a botanical field survey to determine if, or the extent that, rare plants will be affected by a proposed project when: a... Based on an initial biological assessment, it appears that the project may damage potential rare plant habitat; b. Rare plants have historically been identified on the pro4ect,,si�e, but adequate information for impact assessment is tacking; or c. No initial biological assessment has been conducted and it is unknown whether or not rare plants or their habitat exists on the site. 3: Botrnical consultants should be selected on the basis of possession of the I following qualifications (in order 0 importance)'. a Experience as a botanical field investigator with experience in field sampling design And field r.,athods b, Taxonomic experience and a, knowledge of plant ecology'; C, Familiarity with the plants of the area, including rare species,. and d. Familiarity with the appropriate state and federal "statutes related to fare plants and plant collecting, 4. Field surveys should be conducted in a manner that will locate any rare or endangered species that may be present, Specifically, rare or endangered plant surveys should be: a. Conducted at the proper time of year when rare or endangered species are both "evident" and identifyate, Field surveys should be scheduled (1) to coincide with known flowering periods, and/or (2) during periods or phonological development p that are necetsary to identify the plant species of concern, , b. Floristic in, nature, surveys' veys' (which predict the occurrence of Fare species based an the occurrence of habitat or other physical, features rather than actual field Inspection should be reserved for autoecological studies, not for Impact assessment. Every species noted in the field should be identified to the extent necessary to determine whether it is rare or endangered, c. Conducted in a manner that is consistent with conservationethics, Collections of rare oe suspected rare species (voucher specimens) s Knuld be made only, when such actions wtluld not jeopardize the continued existence of the population and in accordance with applicable state and federal permit reeulations, deposited at recognized public herbaria fpr future reference, Voucher specimens Should be Photography should be used to dhcument plant identification and habitat whenever possible, but especially when the population Cannot withstand collection of voucher specimens, d. Condgcted using systematic field techniques `rf all habltatg Of the site t9 ensure a reasonably thorough g Surer Farm or equivalent written form is located, a California coverage of potential impact areas. e. Well documented. Nhen a rare or endangered plant or rate plant comnunitylshould he completed and Native Species (or Community) FieldY submitted to the Natural Diversity Data Base, S. declarationsotMIS andeEISss,vand should cohtaihuthe tdllowinghgnfo matlontal assessments, negative a, 'P'roject descrfiption, including a detailed map of the project location and stUdy area, b, A written description of biological setting referencing the community oome.hclature used, and a Vegetation map, d. Detailed description of survey methodology, d. Oates of fidid surldys� o, AeW is of survey (ihclud'ing detailed maps). f, p tehtlat iMpacts, D, Discussion of theimportanceof rare plant "o ula.tlons with tonslderation of heat'i populations and "toga,. species distribution, h: Recommended mitigation measures to redute or avofid IMpattS. is List of all specie's Identified. j, Copies of all California dative Sppties Fieid s0vey fermg off Natural Community field Survey Poems, position of vouther specimens, Name of field ih0stigatdr(`s), 1. Refereneus tited, persons eantaeted;herbarfiavisil'adrand els STEVE HACTENEY BUTTE COUNTY DEVELOPMENT SERVICES 3 COUNTY CENTER DR OROVILLE,.CA 95965 Subjects DUTE SHERWOOD MINING PERMIT/RECLAMATION PLAN SCH O: 94083034 Dear STEVE HACTENEYs The State Clearinghouse has submitted the above named proposed Negative Declaration to salected state agencies for review. The review period is, now closed and the comments from the responding agency(les) is(are) enclosodo On the enclosed Notice of Completion form you will note that the Clearinghouse has checks review the Notice of Completiorwdhagencies toensurethat your ccommenave tmpackage isecomplote. If t-.ee comment package is not ,aa order, please notify the State Clearinghouse imnediatply. Remember to refs to the project's eight -digit State Clearinghouse numbac 'so that we may respond promptly. Please note that Section 21104 of the California Public Resources Code required that "a responsible agency or other public agency snail only maxe substantive comments regarding those activities involved in a project which are within an area of expertise of the agency or which are required to be carried out or approved by the agency;" Commenting agencies are also required by this .section to support their comments with epoo ifto documentation: These comments are !orwarded for your use in prcaparing your ftnal BIR. Should yoti need mbre information ar clarification, we recommend that you contact the commentisty agency It your earliest convenience. This letter acknowledgecn�that you have complied wl the State Clearinghouse ieview requirements for dra \ft environmental docUmentsi pursuant to the California Envirnnritental S4gAlj.ty Act. Please 63ntact at (916) 445-0613 it you have any questions regarding the env;ironmenta'. review procese4 Sin re Z Micha 1 Chiriatti,J.. Chief; Stato Clearinllholase p1Ann1;1g'0ep0r1m6nt MID 2 0 104 �rtwilfe, �a!i��rnla State of California THE,RESOUndES'AGENt Y MEMORANDUM To Project. Coordinator Date: Resources Agency September 7, 1994 Steve Hackney Butte County Development Services Department From; Department of Conservation Office of Governmental and Environmental Relations Subj eat: Proposed Negative Declaration for Duke Sherwood Mining Permit and Reclamation Plan, Project No. 94-63; SCH # 94083034 The Department of Conservation's Office of Mine Reclamation has reviewed the Evaluation of Environmental Impacts for the above project. This project would allow the gravel from a 550 -acre parcel adjacent to Dry Creek. excavation of sand and A reclamadon phn, ireParPd 1 = q1uant to the Surface Mining and Reclamation Act of 1975 f SMARA (Public Resow;ces Code Section 2710 et seq.) and the State Mining and Geology Board regulations for surface mining tint reclamatii.n practice (California Code of Regulations (CCR) Title 14, Chapter 8, Article 1, Section 3500 -It se , the Environmental Evaluation, 9 ;,Article 9, Section 3700 et seq.) was not included with The Environmental Assessment, however, indicates been occurring on this site for approximately 30 years; that mining has " p p surface mining operations unless a Peril, is obtained from ath's section; an person shah conduct a SMARA Section 2770 a states Exce t as rovided in Leclam " and Approved by, 1 > atpopn plan has been submitted to financial ation . the operation l urst and to tliRs aid cle,� SMA�2A Section 2770(a been approved by, the lead agency for p not on file by March 31, 1988, the continuation of the surface m}in ng operation at ostates that 'Ifn is prohibited reel Ation a am ti is reclamation plan is submitted to the lead agency," P until a Please rovide a co of the reclamation plan for review and conune p copy nts. The plan should ba submitted to the Reclamation Unit, Office of Mine Reclamation, at 801 K Street, &1,8, 09-06, Sacramento, CA 958143529, If you have any questions on these comments or require any assistance with other mine reclamation issues, please contact James S; Polnpy, Manager, Reclamatioa Unit, at (916) 323-8565, Jason Marshall Environmental Analyst ce> Tim Kustic, Office of Mine Reporting and Reclamation Compliance SEP— O-SO4 Tk OR 6:31; k DEPARTMENT OF DI9TMOT3 o FA DOX911 FMIAYSVILLE, CA 95901 'IDD, Tblbphalm (Blp 741.4500 rAX'(0161141.WIS 'ja(e9ttoba (916} 7�1•i5.7f1' .T PlsT 3 PLANNING 741534f, (' 611 U HOU61Na AII%Y i q P67E 1VILSON, Oo4evnar TATOf a September 7, 1994 FBU 1'108 03 -BUT -191 PM 1.7 Sherwood (Lucky 7) biline •. Mining Pennitand rk I,� Roel, Elan Appp''^,anon ND SCH##9408303 .�f l4fr, Steve 1lackiaeyy, Planner Butte CoUntY PhRnning Division .T De aitme-nt fI Development Services J ��� �� Qia . 1 p �1�'Ci Y County(.litter l�IY1le Oroville, CA 9596 rtlCt; Dear, Mr. Hackney , _ Tlaanicyqu for the oppclrttinity_to abain.n�view and comment on die above referenced docunncnt; Our provious comments of August 4, 1994 are still valid and bave been incorporated into our comments below. CD1J9MuN`1'S, a�.inli�g/Ite lirlrnt Caltrans is aoneemed with the potential advcrsc etTwts of long- extraction t)perations on (116 river cttv3:tlnment in file vicinity of State Routes (SR) 191 and 70. T icsc concerns h1clude strdambdtl degradation, modnirult ions to local and general scout., lateral movement Of the cltaitnel, acrd the ability of the stmmtli to maintain an efficient and AabTc channel, 7'hc ap1Y►Plfatc,loc'16011 of n,4ravel extMetion operation, and tha optimum rate, of m moval, stOUld based oi? the availability of replenishment anti fife projecdon of the anticipated etT'ecis ujivn the river cnvironmcnt. 71us regti l m a study of the hydrology and sedit'netit ttanspo ft f the bas! a as well as the mitigation mcaswies re ltlired to ensum channel stabl41y and/or bridge safety, A well balanced plan will oribr many yeiu s of stable. operation Willi tisw n; g"Itivelmpacts oa .he i van system: 'Iiia mining plant incl nWhitnatiah plans Submitted are extrcniely vague. The permit Application should, clearly delluente ilia prclposed �!>peratit�n's e>r let le �:itteuur and:specify the proposed extraction depth relative to Mean SeA Level, 195917lood Maps indicate shat the ap,%itian 1s most likoty wipltn the! 100 -year dplain of thy Car& l?c;pendin � on flood sitvadon hydraulics, the SR 191 bridge (Clark Ad, DR.,#12.172) over Dry Creck Could be adversely unpacteil by the prdposcd, .tidration. F,XOS1109 'N111(111601% 1% hiChidhig previous minli ig impacts On the site, should be identit ed* T11e OPCIAWI should address the monitoring memures planned to detect channel dcgradanont fluff mitigation 111casuits propomd ifthe riverbed degrades. `1'hc reclamation plait should include financial asgumnw-q to insure this Initigatioll is performed, Traffic 0- ation� As, stated in our August 4, 1994. comme�: ts, the roma approach to SR 191 shouid be brought up to Caltrans current paved commerc+al road approach atandards. The improvements shall consist of; I ) a 24 foot minimum driveway opening, 2) ,50 foot radii, 3) a .(SOfoot upce on die south side of the dr veway, M) n 75 foot taper on the; itoeth side 5) driveway paved to at least 33 feet from the edgeline with at .least 4 inches AC on 6 incites AH. This is Caltrans minimum standard for the existing Sherwood opciation. The same standard was recommended For dte Franklin Construction 11x"in�ng operation, which is located approximately opposite the Sherwood Mine on Sly 191. The fuer or owner has the responsibility to tt aintain driveways in a safe condition, Caltrans standards will improve the safety of this approach and reduco the maintenance; Costs. An encroachmentpermit, wilt he required. Stare Ht oft As was discutiud by plione on Sepletrtber 6, 1994, please Mopy of your staff report for this project along with a copy of the original. MI thing permit. Any other information. as to why Caltrans' recommendations for rMitigalion should not be incorporatUt into tlx: project design should also ho addre xd, We would tie happy to meet with you and the applicant to dLgcuss out coinm ;nts. If you have any questions, please contact Terri henrovic, Inter Governmental ROVIL.Fvl CtQA Coordinatt?r, at (916) 741i41W), SittCert;ly, R.A. "LIB" IURAi ORTY, Chief OrAce of Transporintion Pltlnning Aural re Jon Clark, Butte County A.ss elation of Govemwents Mike Chiriatti, affiie of Planning and. Research (Pax SCH) etio- NOTsNa#ice of Cq le-. ;trait to, italC Clearjnghoilse, 14.^0 Tenth Sit r ctnmento,:CA 95514 9161445.061 LS CH ? , � 8 3 o "3 4 t �11 Project Tlilet �,c .�_ Lead Agency `t h, Contact Pc on: u Surat Addr s —,t t �' S�$ - L• D r r City: 1 t„t� Zip: County: Project Lowdlon 0 County: Q, " City/Nearest Community: 1.1 Cross Stroets: �r6� t� 1% j P T7 D _ Total A.: 5 5 r0 Assessor's PamelNo. pal - 1 A - p rf I5. Section: "3!rj 31 T . 2�t?;t1Al_ Range: 3 13a et D Within2 Miles: Stam Hwy N.. ti % Waretways: _ _ e Airports:: Railways::. a t i Sc) ootst — Document Typo CEOAtNOP ❑ ❑ SttppletnenUSubsegtiant NEPA; NOI Other: ❑ Ioint Document ❑ Early Cons ❑ EER (Prior SCH No.)-- ❑ EA j ` . . , i ❑ Final Ducument IM Nag Dec L Other ❑ Draft MSS A ❑ Other t Dmft ER❑ F�NST Mi • Local Action TypeAU9 �!e, General Plan Update SPWMC brut Development a Use Pn�rtit° J " LCAKttt(yRplr"f Y❑, C dem tion ❑ General Plant Amendment ❑ Master Plan Redevelopment Geperal Pian Element `�Pemdc [� Community Plan ❑ Sita Plan V Land Division (id Iyislon t',' ( Oihez Kija, a Parcal Map, Tract Meta, tire,) Devolopment Type ❑ Resfiri m14. Unks Acres[IWates Facillde.;t Type MGD [3 cffiNt Sq�t._ Acre= Empfayets ❑ Transportsdora Type t ❑ Comm,Kcieb3g.t._Aerrs Employees Mining: .Mineral_ , ❑ Industrial: Sgjt. -Acres Employes ❑ Power. Type rVarrq _ ❑ Educailonal . _ ❑ Waste Treatment Type _ ❑ Run-idonal ❑ 111=1dous Wastctlype ❑ Other. Project lasmea Vlocuared in Occutnent ❑ Aasther. Vu d ❑ Flood Pialw7looding Cl Schoolsturtiv-asldt.s 0 Water Quality ❑ Agricslturl Luid ❑ Forest Land/Fita Hazard ❑ Septic Systems ❑ Water SupplylOroundwatar ( Air gtalityGeologic(Seismic (JSawer CApacity C Wedand(Riparian [3Arehaoiogleal/lilstorical 0 Minerals Lj Soil ErostordCompaction/Orading M Wttdlife ❑ Coastal Zone ❑ Noise Solid Waste ❑ Growth Inducing ❑ Draittage/A6amptlon ❑ Populationi8ousing Balance [ i ToxictHazanio:s ❑ Landuse ❑ EconomieRilhs ❑ Public Services/Facilities ❑ Tretile/Citcitlat, ha ❑ Cuinuladve Effecu ❑ Fiscal ❑ Recrtallon/Parks M Yegetadon ❑ Other Present Lanai U"l Gsnarri Plan Ura i GY1 A- i l7 a u (U�tc�ahpiFtrA�/e ftc�i�itw+al �.t-i4�+ rw:' Go lrvj .t jttt Project Deacilptlon 1 4r\ ttGfa1lt.w�•r�'M �oP A '/ntw\w� 'PO.Pn,t I rn4cL�tVrw�1•iw+i �1�c4CtR� wn M. � t, 9� t+9cltmu�t •S'J� tuiLy Kota'n S`�/Qt Wt+�.G� 4i�,ry��4dQa.K I�a.c4i trWSty tk �,`tt-w�. \rJ 0.Gvi,q t � Ay+. �L P0.G SM�a� N 4tv 'iC& s ` �yt''lWi r" r�T'vOih. P�3M G Art vilLl.. uNau et aA►� `� SSo tU,rk , v�ivlh� d �r a nia yeti r,�,ti`�'��kAti�, ql� liti NOTEC1at^sitt�ghtusitwillaaaig-Vde 66calionniunhetstdiniine*projects.ifiSCItnunbermIfe3dy'ezietstot aprojoct(d.g,from aNadcaol'Proai- r CLMINGHOtISQ CANTACTi ! brae Cii1AXAT!'1 (916) 4457.0613 DIt4�j 011T a" t KT Barr �Q .. � F"" ".�.-1�.�04i't2lO 8(:IC¢e/Cb11�w10�: 81rO. STATtt imamw4f AN: �® :_ � ••1�_ 32PT Rtv TA AGSNCXt TO 9CH e AAn 4� �� CBS�EPd CENfIY Asti --- ,-�IrConeorvatioh tea' Yish a Gama adH COkPLIthHt:B ! '•' -,�,_. Parke G Rec/OHP v �� Raq. tn2ci 0 DMR DTsd/CTG ?LF,yt4,4B 1ld:IS 8Ar`sli MtVltl� off ,gr.i, �V3NPMTJ "�u 4Y NbR4tILttD ,%ATIt OOMiS811T8 D'1RBCPLY �� ryIy d 2D ?Hit f.MA,�13CR1gGr ol11:,Y Csilti`anr� A �9._ ' r� y i ,LNM t�xDjAPcbt •� tRuactitt:eat,,,�,J' To`: renin: Project Coordinator Resources Agency Steve Hackney Butte County Development Services Department �. Department of Conservation Df ice of Governmental and Environmental ]Relations Subject; Proposed Negative Declaration for Duke Sherwood Mining Permit and Reclamation Plan, Project No. 94-63 SCH # 94083034 The Department of Conservation's Office of Mine Reclamation has reviewed the Evaluation of Environmental Impacts for the above project. This project would allow the excavation of sand and gravel from a 550 -acre parcel adjacent to Dry Creek., ' A reclamation plan, prepared pursuant to the Surface Mining mid Reclamation Act of 1975 (SMARA) (Public Resources Code Section 2710 et seq.)'and the State Mining;,Ad Geology Board regulations for surface mining and reclamation practice 0. �: `jrnia lode of Regulations (CCR) Title 1.4, Chapter 8, Article 1, Section 3500 et seq.; Article 9,, section 3700 et seq.) was not included with the Environmental Evaluation, The Environmental Assessment, however, indicates that mining has been occurring on this site for approximately 30 years: SMARA Section 2770(x) states "Except as provided in this section, no person shall conduct a surface mining operations unless a permit is obtained from, a reclamation plan has been submitted Yo and approved by, and financial assurances for reclamation have been approved by, the lead agency for the operation pursuant to this article." SMARA Section 2770(b) states that "If a reclamation plan is not on file by March 31, 1988, the continuaticn of the surfar,; mining operation is prohibited until'a reclamation plan is submitted to the lead agency:" Please provide a copy of the reclamation plan for review and comments. The plan should be submitted to the Reclamation Unit; Office of Mine Reclamation, at 801 K Street, M.S. 09-06, Sacramento, CA 95814-3529 If you have any questions on these comments or require any assistance with other mine reclamation issues, please contact games S.. Pompy, Manager, Reclamation Unit, at (916) 323-8565. y Jason Marshall Environmental Analyst oc; Tim Xustic, Office of Mine Reporting and Reclamation Compliance SCP 13 V, ;r»� y 1. emoraadu�n 1� .: inter -Depart , • �. �- TO: HILL VARREL DIRECTOR Old'.DPVS � ENT SERVICES FROM' MIKE CRUMP, DIRECTOR OR PDELIC 'WORKS r ::. suerccTg*,-;;LAXATION COSTS LUCKY 7 PIT (DUKE SHERWOOD) FILE #160.26 DATE:. -JANUARY 90 1995 After a`review of the Lucky 7 Pit Reclamation Plan/Reclamation Costs and a field site inspection made with the operator in early December 1994, I' have the following cominants and recommenda+�ons: • pThe ongoing inina.ng operations incorporates very shallow pits. ranging from 3 to 6 feet in dep °Reclamation of past b. mining operations is ongoing with satisfactory results: oReclamatio~ is accomplished by uniformly grading areas so that all slopes will be 4:1 or flatter. This can be easily done with a grader and/or dozer. °The Engineer's estimate for reclamation costs for each 5 acre work area of $6,068.75 is probably satisfactory, however, 1 would recommend we increase t -he amount to X10,000. °Recommend that. the operator submit a bond of $10,000 fL"- reclamat;on costs ,.� a` y. `' � , !� e' , , ., T, -`' t �, � 1 , � _, ' § , ^��� � �:*�; �, "` '� .� :v �r.,�¢ �a�, . h a '" `�'` � �' �"�^sF ; az: *� s r �,,; .,z '� .� �Nti r. �, .� .�t x ie A CALIFORNIA REGIONAL WATER QUALITY CONTROL 80ARD' CENTRAL 'VALLEY REGION MONITORING AND REPORT I NG' PROGRAM NO. 90-107 FOR DUDE SHERWOOD CONTRACTING, INC., AND LUCKY SEVEN RANCH, INC. BUTTE COUNTY Specific sample station locations shall be established under direction of the Board's staff and a description of the stations shall be attached to this Order. POND NONITORING (MONTHLY) The Discharger shall record the following regarding the settling ponds: Type of Sampling Param�aer Unit Saiz le Freauengj Inflow Gallons -- Daily Liquid Depth Feet visual Monthly and Freeboard OBSERVATIONS The settling ponds shall be inspected weekly and a summary submitted with the monthly report for the following: a. Discharges or overflows from the ponds b. Seepage through pond dikes ` g Y P s c. Structural rote rit of the and dike, REPORTING in reporting the monitoring data, the Discharger shall arrange the data in tabular form sot that the date the constituents, and the concentrations are readily discernible. The data shall be summarized in such a manner to illustrate clearly the compliance with waste discht,rge eoquirements. Monthly monitoring reports shall be submitted to the Regional Board by the 15th day of the following month. The results of any monitoring dope more frequently than required at. the locations specifir;d in the Monitoring and Reporting Program shall be reported to the Board'. !�Q MONITORING AND REPORTING PROGRAM DUKE SHERWOOD CONTRACTING, INC. _2 AND LUCKY SEVEN RANCH, INC. BUTTE COUNTY Upon written request of the Board, the Discharger shall submit a report to the Board by 30 January of each year. The report shall contain both tabular and graphiical summaries of the monitoring data obtained during the previous year. In addition, the Discharger shall discuss the compliance record and the corrective actions taken or planned which may be needed to bring the discharge into full compliance with the waste discharge requirements. The Discharger shall implement the above monitoring program as of the date of this Order. Ordered by . L. WILLIAM H. CROOKS, Executive Officer 27 April 1990 (Date) JFR,•gln - Revised 3/26/90 IN FORMATION SHEET DUKE SHERWOOD CONTRACTING, INC. AND LUCKY SEVEN RANCH, INC, BUTTE COUNTY Duke Sherwood CantVacting, Inc., operates a gravel extraction and aggregate processing operation on Dry Creek to the northeast of Clark Road about nine Miles northwest of Oroville. The land is owned by Lucky Seven ranch, Inc. T}te facility produces about 150 yards per day total of pea gravel, drain rock, cobbles, and sand. During washing, the facility Uses about 100 gpm of wash water which is pumped from 'Dry Creek. The Discharger has a 1603 Stream Bed Alteration Agreement with the Department of Fish and Game that prohibits the use of more than 50 percent of the flow in Dry Creek. Discharge of process wash water is to a series of ponds lying to the southwest of the site. The first pond is the largest (approximately 0.5 acres) and receives most of the settleable solids in the wash. There is no recirculatioM of pond water; Surface drainage from the site is to, Dry Creek. Jf=Rsgln Revised 3/26/90 .� ^� , i` � .`, iii- �IM �..'i�� i�i'� � w w 1 y STATE OF CALIFORNIA - Environmental Proteatiorl'Agency CALIFORNIA REGIONAL WATER QUALITYCONTROL. BOARD PETE WILSON, Governor CENTRAL VALLEY REGION 41i t Knollnrest Drive, Suite 100 Redding, CA 96002 ! PHONE: (916) 224-4845 F FAX: (916) 224-4857 11 May 199 Butte Country Planning Department 7 County Center Drive Oroville, CA. 95926 DUKE SHERWOOD M qNG FERMIT AIPPLICA,'I'ION, AJ'#041-120-007, 115 We have received your notice of application for the subject site and wish to make the following comments: The present operation is under waste discharge requirements and we assume that the rate of gravel extraction and size of washing operation will remain the same. If this is not the case there may be concerns about pond capacity. If the new extraction areas are close to dry creek there is the possibility that sediment could be introduced into the stream during the winter months. We wish.teCeive a copy of contact meat 91r 224 -tag documents dealing with this project. If you have any questions p % ) 9 or the above address: James F. Rohrbach Sanitary Engineering Associate 1M. tch cc Duke Sherwood Contracting, Inc.; Oroville PETE WILSON, Govamor kr' STATE OF CALIFORNIA - THE RESOIIii "� AGENCY —. DEPARTMENT OF CONSERVATION Doveloment Services OFFICE OF MINT' RECLAMATION 801 K Street, M1S 09-08 AUG 9 1994 Sacramento, CA 958143529 H (918) 323.9198elecommunications S OCOV1�le� CaliforniaCaUfOCnia Device for the Deaf (918).5242555 August '19, 1994 Duke sherwood, Agent for DUKE SHERWOOD CONTRACTING, INC 495 Stimpson Road Oroville, CA 95965 RE: California Mine ID# 41-04-0014, LUCKY 7 PIT Dear Mr. Sherwood: The Department of Conservati6n haReports, received the 1990,d by 19911 1992, and 1993 Mining operation An Resources Code (PRC) Sect'iOt 2207, for the aboveBrefeoarenced mining operation. The State Mining and Geology regulations for the 1990 reporting year (California Code Of roved Regulatio�'ss, Title 14, Chapter 8, Section 3695 et seq.) ape by the office of Administrative Law on �7anuary 19, 1992, set $50 per acre subiect to the ort �feenfor ctivetmine o a maximumThe acreage $2000, as the annual rep g subject to the reclamation plan for the Lucky 7 mine is $6 acres, which requires a reporting fee of. $1800 for the 1990 reporting period. Therefore, an additional fee of $1550 is due and payable. You indicated on your annual report that the reclamatiowith the .n plan and lad the financial assurances are nsidergtheproval submitted annualerepart agency Our office aan,not complete until an approved reclamation plan, financial assurance, and Proofinformation the approvals have been received. Please send the required upon approval to thj. address below - Additionally, the following information was not included in the - ' annual reports and must be submitted before they can be Considered complete'; The current status of tho mining operation. You stated on the 1993 Mining Operation Annual Report that an Interim. Management Plan is pending 'with the lead agency. However, you reported production. What is the status of this oenation? Regulations egulations require operators to report as oile of the following: r�.cLr.ve • Idle e Closed with no intent to resume m Closed -reclamation certified complete by Lead Agency The acreage of mining operation land that is: a') Vested (Disturbed prior to January 1, 1976.) b) Permitted (Permit number needed.) c) On Federal Lands NOTE! See 1993 'instructions, Number 13. PRC Section 2207(a) requires a mine operator to report the current total assessed value of the mining operation, as established by the County Assessor's Office. If the $� assessed 'value is unknown at this time, please confirm that . it is unknown in your reply. Public Resources Code Section 2207(c) requires that the additional information and fee be sent to our office within I30 days,of your receipt of this letter or daily administrative penalties may be assessed. Please send the required information to Department of Conservation Office of Mine Reclamation 801 K Street, M5 09--06 Sacramento, CA 95814-3529 Ifyou have any questions regarding this letter, please contact our office at (916) 323-9198. Thank you for your cooperation.. Sincerely, o aft Pam Ceccarelli PCjcs Compliance Engineer cc t William Chef f , Sutte County` STATE OF CALIFORNIA•BUSINESS, TRANSPORTATION Aho-.; " USING AGENCY DEPARTMEN"r OF TRANSPORTATION DISMICT.a P.O: BOX 911 MARYSVILLE„CA 95901 TDD Telephone (915) 741-4509 FAX (910) 741.5346 Tolophono (616) 741.4538 A(16 p 8 1994 Oroville, CW!fornla August a, 1994 >~BUT08.5 0';: -BUT -191 PM 1.7 ,h, wood (Lucky 7) Mine Recl, Plan Application Mr, Larry Painter, Planning Technician Planning Division, Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965 Dear Mr. Painter: Thank you for the opportunity to review and comment on the above referenced document. COMMENTS: Caltrans is concerned with the potential adverse effects of long term extraction operations on the liver environment in the vicinity of State Routes (SR) 191 and 70. These concerns include streambed degradation, modifications to local and general scour, lateral movement of the channel, and the ability of the stream. to maintain an efficient and stable channel. The appropriate location of a gravel extraction operation and the optimum rate of removal should be based on the availability of rer' ishment and the projection of the anticipated effects upon the river environmet"', . his requires a study of the hydrology and sediment transport of the basin as well as the mitigation measures required to ensure channel stability and/or bridge safety, A well balanced plan will offer many years of stable operation with few negative impacts on the river system, The mining plan and reclamation plans submitted are Extremely vague. The permit application should clearly delineate the proposed operation's exact location and specify the proposed extraction depth relative to Mean Sea Level. Tile 1989 Flood Maps indicate that theoperaton is most likely within the 100 -year floodplain of Dry Creek, The SR 191 bridge (Clark Road, BR, #12-172) over Dry Creek could be advorsdy impacted by the proposed operation. Existing conditions, including previous mining impacts on the site, should be Identified. The operation should address the monitoring measures planned to detect channel degradation and mitigation ineasum' s proposed if the riverbed degrades. ;r Mr. Lary Painter r� y August 4, 1994 Page 2 The reclamation plan should include financial assurances to insure this mitigation is performed: The road approach to SR 191 should be brought up to Caltrans current paved commercial road approach standards. The improvements shall consist of 1) a 24 foot minimum driveway opening, 2) 50 foot radii, 3) a 150 foot taper on the south side of the driveway, 4) a 75 foot taper on the north side 5) driveway paved to at least 33 feet from the edgeline with at least inches AC on 6 inches AB: If you have any questions, please contact Tend Pencovic, Inter Governmental Review/CEQA Coordinator, at (916) 741-4199. Sincerely, E.A. °LIB" MARAUG Y Chief, Planning Branch l3 cc Jon Clark, Butte County Association of Goverments JA PETE VON, GoVemor STATE OF CP ;LIfORNIA THE RESOURCE; AG DEPARTMENT OF FISH AND GAME' REGION 2 1701 NIMUS ROAD, SUITE A RANCHO CORDOVA, CALIFORNIA 45670 (916)' 355-7020 August 31, 1994 Mr. Steve Hackney Department of Development services Butte County, 7 County' Center Drive oroville, California: 95965 Dear Mr. Hackneys Regarding the Duke Sherwood Mining permit and Reclamation Plan, the Department of, Fish and Game .reviewed the project in our letter of July 22, 1994. Any concerns detailed in that letter that are not addressed by Butte County'-, nitial Study remain valid California Environmental Quality AL, ompliance requirements. The Initial Study appears t+ have considered riparian vegetation impacts onlyi if the DFG can be of further assistance, please contact Mx: Jiln Snowden, Associate wildlife Biologist, at (916) 343-2804 or Ms. Cindy Chadwick, Environmental. Services supervisor, at (91 6) 355--0267 Sincerely, L. yan Broddrick Regional Manager cc Mr. Jim Snowden Department of Fish and Game Sacramento Valley Cent:'ral Sierra RegionMs, Cindy Chadwick Depax`ment of Fish and Game SaCr�ZMento Valley - Central Sierra Region STATE OF CALIFORNIA - Erivarrhmehtal Protec Agency PETE WILs AN, Governor a CALIFOkNWREGIONAL WATER QUALITY CONTROL 80ARD T` , CENTRAL VALLEY REGION s•'itiw� 415 Knol)orest Drive, Suite 100 Redding, CA 96002 PHONE: (916) 224.4845 FAX: (916) 224-4857 11 May 1,994 Butte County Planning Department 7 County Center Drive Oroville, CA 95926 DUKE ST ERVWOOD MRqNG P1CRMI'F' APPLICATION AP#041-120-007, 1.15 We have received your notice of application for the subject site and wish to make the following comments:: Tlie present operation is under waste discharge requirements and we assume that the .rate of gravel extraction, and size of washing operation will remain the same. If this is not tile case there may be about pond capacity. If the new extraction areas are close to dry creels there is the. possibit diment could be introduced into the stream during the winter months, We wish to recel. f the environmental documenu dealing with this project If you have. any questions pled x lne at (916) 224-4859 or the above address: James F. Rohrbach Sanitary Engineering Associate JFR; tell cc Duke Sherwood Contracting, Inc., Orov lle 7. The Izaak Walton League of America, DEFENDERS OF SOIL, AIR, WOODS, WATERS, AND WILDL+FF Larry Painter Butte County Planning Department 7 County Center Drive Oroville,'CA 95965-3397 May 7, 1994 Re: Environmental Evaluation of Mining Permit and Reclamation Plan along Dry Creek, AP# 04.1-120--007, 1.15 Cherwood Contracting Dear Larry,' We would like to see an Environmental Impact report prepared for this project site. 'There are several potentially significant environmental impacts from the proposed gravel: mining activities There are several threatened and/or endangered plant species in the vicinity of the proposed mining site. Where are also wetlands on the site; The trout fishery in Dry creek could be adversely impacted by mining activities. Continuous disturbance of the aquatic habitat twenty-five years may result in permanent 'loss of invertebrate species. The volume of water to be pumped from Dry Creep may adversely 'Impact the stream considen-Able distance up -stream of the project site, and would certainly impact the down -stream reach. As stated in section 29 of the eppl kation, the material being eXtracted is not likelly'to be replaced naturally as it came to be there due to prior mining activities'whlo have long since ceased: would you please add our organization to :your °environmental review notice mailing list. sincerely, l� sCott, Murphy, Conserv on Directox Streaminder6 Chapter P.O. $oX 305/ Chico, Ch 09021 I yx, ' p - ' f�["'9r , / �.w. _w•s^>t 11'�. � tl �) x,11,, 1. �.`,�5j + 11 f .r — a , a a ' Q A 11 f .r — a , a a ' Q A �► / � � I� /' � � , / r /� �,. � e � ... �. _ .rJ�" BU;JQZ COUNTY PI;ANNINO COMMIS:=TON 7 county Center brve Oroville, CA , 95965-3397 (91.6) 538-7601 TO: California Native Plant Society DATE: April. 25, 1994 Attu: Pat Kelly 900 E 19th Street RE PROJECT REVIEW & Chico; CA 959.28 ENVIRONMENTAL EVALUATION y t Duke Sherwood Contracting Inc. Mining Permit/Recl. Plan - A�# 041 ,.'''p 1' ' Enclosed is preliminary data our office has received or generate 11 concerning the following project: Application for a Mining' Permit and Reclamation Plan. Located east of Clark Road along Dry Creek, AP# 041-12o-on7, 115. We willbe are manan assessment tsirorunental impacts and . preparing anenvironmental document either a Negative Declaration, Negative beclaration with Mitigation Measures or An Environmentaf impact Report (EIR) Please provide any factual statements, ideas for investigation, or opinions you can offer in your area of concern or expertise that relate to either physical, social, or economic impacts that this project may generate. Please respond within 14 days of the above -noted date. If no generated by this inquiry, then it shall be assumed that thereare response Benno significant environmental impacts which are potential From the project. We, appreciate any assistance you can provide. State of California } 'DEPARTMENT OF CONSERVATION MINING OPERATION ANNUAL REPORT MRRC-2 Page i (Revised 4/92) 1. Mini. Nam-- .e Operated by _ LUCI,'Y77 DUKE SiiERWOOD COI9"�.0 CIM; 1tvC.` Site Contact Person Mine Street Address/City Telephone iiUY,L' SHi✓itWGOTJ CLARK %Ld. BUTTE CC '�Y (916) 53.3-271.0 Mine Meiling Address City State/ZIP Code PJ 495 Sxxi ?SpN stn. Otto ilt.L,, Cho 95965 .' ITEMS 2 THROUGH 9 :ARE PRECEDED_ BY A BOX WHICH MAY, BE CHECKED IF THERE ARE NO CHANGES IN THE INFORMATION' FROM THE LAa`T REPORTING R. YEA THIS BOX IS LABELED N C (IF THIS IS THE FIRST TIME YOU HAVE FILED ALL SECTIONS MUS BE COMPLETED IF APPLICABi.E, INFORMATION REQUIRED IN ITEMS 6 THROUGH 10 MUST BE PROVIDED FOR EACH SEPARATE 'PLOT 8. ATTACH NAMED U.S. GEOLOGIRAL SURVEY MAP -7,6' OR 16' QUAD --SHOWING BOUNDARIES OF MINING OPERATION RV Latitude Longitude Soctlon ToWnahip Range Baso Meridian Quad Name County t•3.0, sit f 1- �. 030 30" 35 x'211 � 3A X D C ti1`�il� 0 39617'45"; C, t, Type Code(s) of Mining Opera tion. 4 IseetxHiB�T,R FOH`,s7'YPI CQpES I' w ,, � bISTRib!u-t(014:W446—.State fellow --Lead Agency pArik—O erhtor - ' 2, Owner of Operation Mulling Address City 11 SHrmwooi) CQN�TRAenuG INC. 4'95 STT�SON � (iii aViLL N.C1)=, State/ZIP Code Country (if other than U.S,A.) Telephone CA: 95963 ('916) 533-Z710 Was this operation purchased ddring reporting Year? ❑ Yes, If yes, date of purchase _ No 3, Designated Agent's Name Mailing Address ❑ N.c, riliitt titlt�.TtS i)OTt 495 STI SOU D- City.5945 Zlq code Telephonegl6) OROVILT, � 533-2710 4, LandoWner �— Assessor's Parcel # ❑ 41-12-7, 115 N.C. LUCKY 7 UNCH Mailing Address Telephone (9 6) 533=�1U58 LtTCi�Y 7 M. City/State/ZIP Code Country (it other than U.S.A.) O t,OVILLz t Ch. 95965 ❑ 6. SMARA Lead Agency' (clty OR county ONLY) tild`9"d' : il1')iTT1C NC. Plan CNECIf ONE tR-eeci©mation ❑ Approved'on (date). Ali h* c py with umendments, conditions, and' PROOF'of approval. ® Pending, Submitted to Lead Agency ori -(data), FAttACH pROOF,OP SUBMITTAL; ❑ On Appeal', Submitted to sMGB on - (date), ATTACH.PROOR, OF SUBMITTAL IF APPLICABi.E, INFORMATION REQUIRED IN ITEMS 6 THROUGH 10 MUST BE PROVIDED FOR EACH SEPARATE 'PLOT 8. ATTACH NAMED U.S. GEOLOGIRAL SURVEY MAP -7,6' OR 16' QUAD --SHOWING BOUNDARIES OF MINING OPERATION RV Latitude Longitude Soctlon ToWnahip Range Baso Meridian Quad Name County t•3.0, sit f 1- �. 030 30" 35 x'211 � 3A X D C ti1`�il� 0 39617'45"; C, t, Type Code(s) of Mining Opera tion. 4 IseetxHiB�T,R FOH`,s7'YPI CQpES I' w ,, � bISTRib!u-t(014:W446—.State fellow --Lead Agency pArik—O erhtor t3tate;of California MINIE 14# MINING OPERA'S ON ANNUALARIEP OF .� � ORT MRRCr2 Page 2 (Revisad'.A/92) ci 8. rCNECIC"ALt. THA'C`'14PPLY KC, Permitted: Acres &:Permit # ,—..----- ❑ Vested: Acres disturbed prior to January 1, 1878 - ❑ ` Fedora! Lands: Acres & Pernit/IDS _ 9 $ Current total assessed value of mining operation as established by County Assessor's Office N.C. to, Status of Mining Activities DURING'THE REPORTING YEAR COMPLETE'=SECTIONS A, t3, ;AND Q. A, CHIC 1 ONLY s� :U Active No longer In operation with no intent to resume, Date mining iceased ❑ Newly Permlited—Not yet In operation,Date permitted ❑ Idle (as defined In Public Resources Cod, 152727,1). Complete the following: Date operation became idle ❑ Copy of Approved Interim Managemant Plan attached, F. Interim Management Plan pending with Lead Agency. Submitted on (date). [ATTACRPROOF OF 'SUBMI1TAL La, Number of Acres subject to Reclamation Plan ❑ Reclamation not started Reclamation in progress (attach Updated' reclamation plan map Indicating progress) ❑ Reclamation certified' oorriplete by Lead Agency (attach certification.) Financial Assurances relanaed - (date), r,? C` J. Approximate disturbed acreage at beginning of the reporting year 2, !t - Approximate acreage disturbod during the reporting year 3, (ADD LINE 1 TO LINE 2) 4. Approximate disturbed acreage reclaimed during the reporting year G, 0 (SUBTRACT LINE A FROM LINE 3) Approximate disturbed acreage rem'ahiing e1 and of reporting year y t t, YES: Plhanclai Assirences approved by'L#�ad Agency. Atiach copy and prooi of appro kal. Complete'below for approved Finahe QsaUtances: Amount Type Date Posted Expiration Date or Renewal bate (if applicable) NO: Flnanclal Assurancoo NOT approved by Lead Agency, Check reason belo Flnanciel Assurances pending with Lead Agency, submitted (date). I ATTACH PROOF. of SUPMITTAL rl Fll anclai Asaurangrla appealed to 60b, Submitted on— -: (dato), ATTACH PROOF OF SUbMiTTAL 12, ® YES ❑ NO Inspectlon completed by Lead Agency during the reporting year, Attach the yellow dopy of Surface Mining Inspecl(on Report (MRRO,i), if inspection toport is not attached, please explain on Page h. DiSTRlbUTibW White--Siete Yellow--Load Agency Plnk—bporhlor 1+� aatpa a State of California TIE ID # DEPARTMEN'r OF 'CONSERVATION 0 Y4dNING OPERATION ANNUAL REPORT MRRC2 Page_3 (ReVlsed 4/92) 13. COMMODITIES AND PRODUCTION SEE ,EXHIBIT.B,FOR GOMMODITIES'<AND UNITS OF MEASURE PRODUCTION INFORMATION IS PROPAIETARY AND WILL BE KEPT CONFIDENTIAL PURSUANT TO Check here I GOVERNMENT CODE SECTION 6252 1 C i If No Commodity (from Exhibit B) A. PRIMARY COMMODITY PRODUCED BY OPERATION B. LIST ALL OTHER COMMODITIES a egory Number Production (from for a Exhibit B) commodity Total Production (Unita of Measure from Exhibit B only) 14, REPORTING FEE FEE SCHEDULE; USING BOTH YOUR CATEGORY NUMBER AND TOTAL PRODUCTION FR�jM i3(A) ABOVE, REFER TO EXHIBIT G TO FIND YOUR CORRESPONDING PRODUCTION RANGE AND FEE, ENTER YOUR PRODUCTION RANGE CODE IN 14(A) AND CORRESPONDING FEE IN 14(9) BELOW, A. PRODUCTION P IGE CODE 1p FROM EXHIDIT ;C I t3. REPORTING FEE ATTACHED $. 17(1O. t)I� FROM EXHIBIT' ;C SUBMITTED BYt Your Name (Please print) T)ir SIi4itlttfj Your Melling Address 445 A TTIApSO'N lttl. `t Chyll3tate/TIP _ OROVILL9, CA_._ 25965 Your lelephone'Number 01 531-21.10 21.1 i I certify that the information submittedherein Is complete and accurate (failure to submit complete and accurate raqulslte Information May result In an admi'll(itrative penalty as provided for in Public Resources Code Section 2774A), SIGNATURE OF SUBMITTER 6.4 DATE Aze I amt C— OWNER ❑ LESSOR R LESSEE d AGENT d MANAGER b OPERATOR OR l _I OTHER PERSON (specify title Please mall Annual Report; reporting foo, and ALL regUlrod attachments lot bEPARTMENT OF CONSERVATION Office of Mine Reporting and reel-#mation Compliance 801 K Streets MS b9-05 Sacramento; CA 95814.3500 I)IST��iHUTIONl Wltlte—Stara Yellow -Lead Agency Ptltik=Operatoj n owl 1 '$tae r)faiifomia "DEP,a+Fi Tom# fMENT OF GOVSRVA7fON s , CA iVIIN1E MINING OPERATION ANNUAT REPOkI' MRRG2 Page'1 �i (Rov'sed 41.9.3 for 190 Reporting Year) 1. Mire Nnme Operated by ' LirGiZY 7 r t Mine Street Address/City1 Telephone�r a Site Contact Parson CLiCttiL If.L� LYI'i'."I: �, (916) 533-2110 DiII�` SHEC1�OIaD Slate/zIP Code -- Mine Meiling Address city f�iZOyIL%.� Cil. 95965 495 STIMPSON 1W. r.FA IN THE 9NFORh"ATION FAOiy(1'HE LAST, (, LTF THROUGH ra eaF apECEDED t3Y A Bnx NlHICH E1R.i t�HECKED IF THEB� AFlE NO CHA]�1 `f0U FILED AL) �SJIONS M BE CONMP`,U= ��?OHTiNG YEn�_.�R: THIS 6QX1$-t AB D N_Q;(IF 7ii(S�^ T�il~ELF TTIh" HA��E _T -� '�"— — ��' — - of Operation Mailing Address (This address will be used to send next year's report Corm) City ❑ [2,Owner DUICIa SElETt10[�U CCI)fI'1LEtA�£tY3G xNC. 495 S7CI3'StJ'nI NU. d:1O�t'�LLL N.G. County (it other than U.S.A.) Telephone State2lP Code (916) 533-2710 . Cz. 95965 Was this operation purchased by you during reporting year? Was this operation sold by you during reporting year? Ct 41es, If yes, date of purohase _— Z No ❑ Yes. if yes; date of sale--- _ 91 No —'�:. w 3, besignated Agent's Name Mailing Address �,` U1ZL� ,5til'RSrat DW k95 S'IUIPSON RD - • �� city ZIP coda Telephone 95965 (916° 533-2710 a t�XOVxt.L .�...r-----'- Assessor's Parts' 0 4, Landowner 1 .• N.0MU-My 7 RANCH Telephone Mailing Address (916', 533y-1.058 L'UCO 7 U4Country {It other U,S,A.) Clty1.state2lP Code Oit017ILX,X� CA. 95965 L A Lead Agency (city OR county ONLY) 5, sMAp ' N.C. Number of acres subject to Reclamation Plan: _— -• Redamallon flan Status FcHECK ONE d ApproVed on (date). Attach copy With afnendrnenta conditions, and PROOF tit 001`001. (date), ATTAGH'PROOF pF.SUBMI C1 Al.:; Pend ° ,3. ^Ubmltted to Lead Agenoy on (date), ATLACH PROOF OiP+SUBMITTAL: Lj On Appeal, Submitted to SIVIGO on , _ — — _ - 6 THROUGH 10 MUST B_E NROVI , ED FOR EACH SEPARATE PLOT IF APPLICpELE, INFORMATION REWIRED IN ITEMS AtUCH N Aid M U,S, GEOLOGICAL SURVEY MAP --7,5` OR i5' OUAb--SHOWING BOUNDAWII S OP MINING OPERATION 6, N,C' Lailtudd Longitude Section Township Fzange Bate Meridian OuertName County c ua • ee 3 3'7 t�5 121 36! A, a ?�li �� It3E O CSI � i cg (-._ ., i `li'tl'3'�t NSC,Efc 4 EXHttatrl' A Fp}�,TYp'E,COU�CS °----=— .a [7i TyNe Code(s).otMining bperatidn, _ . bISTRIt�UTION` ih►te--Stat© Yol►ow—i.eari Agericu Elnk--Oporalo�' sx 9100 n 1 • r., lttCA �' gt eFtaf 'aomla 1NII 11) D'AR7MENT.OF.CONSERVATION J R MINING iiPE1ZATION ANNUAL ;(Revised 4/93 W11992 Reporting Year)' 6, �CHECKigLI:TIiA`siAPPLY ❑ Permitted: Acres &'Permit ❑ Vested: Acres disturbed prior to January 1, 1976 El Federal Lands: Acres & Permit/ID # S> ❑ s; Current total assessed value of mining operation as established by County Assessor's Office N.C. ------ es buRINGTNE REPORTING YEAR COMPLETE SECTIONS A„B, AND G t0. Status of Mining and Reclamation Activiti ONLY A. CN❑ECN y permitted—Not yet in operation. Date Permitted M Active I d Idle (as defined in Public Resources Code, 52727.1). Complete the following: Date operation became Idle ❑ Copy of `oraded Interim Management Plan attached, (date). ATTACH PROOF OF ” ITTAL. 0 Interim Management Plan pending with Lead Agency" Submitted or, d No longer In operation with no intent to resume. Date mining ceased R. oNECK 1 ONLY 0st in Reclamation notaarted0d.complete by Lead Agereclamation plan map indicating p 9cess � ; jo Neclamation in progress (attach updated ncy ATTACH CERTiFiCATiO� Financial Assurances released L`i Reclamatlon certl'3 C. CQMPLETEr E TIRE SECTION 0 A proximate disturbed acreage at bogfnning,ot the repotting year (This figure should match the figure from (tent 10,C.5 on your last j,_ ' ^nnual report.) 2 $ . G p.pproximate acreage disturbed during the'reporting year 3i_L.6 _ (ADD LINE 1 TO LINE 2) _____ApproArnale disturbed acreage reclaimed during the repotting year 6 t) � G _ ;(SO& TACT LINE 4 FROM LINE 3) Appri� itmato disturbed acreage remaining at and of reporting year C] YES: Finan lalAssUrancoa approved by Lead Agency, Attach copy and proof oo o of pnneuel govlew Explmtion Dote or Complow below !orapprovad r!nanCial Assurances: bale posted by read A40noy qunowal bate (II applleable) Amount 'typo ------------- NO., Financial As6urances NOT approved by Lr+ad Agency, Check reason below: Y, OF OF Su y A: ff j (date) A I� PRO9MAiT1 AL Financlal Assurances pending with Lead Agency. Submitted on , �- (date). ATTACH PROOF OF'3uCiMITTAL l Flnondlw !',ssurances appealed to SMos, Sublated on 12, Cj y8S AC,1 NO Inspectioh completed q Lead , %gondy during the reporting yeari the allow copy of SUrf� Je Mining Inspection Report (biRRC•1), It Inspection report is not attached, please explain on Page 4, Attaoh y P 1 bisTR1BUTICiN, White - tiatQ ydilow=Lead AgencyPinic=—o stator sa e3asa� eta' e o�alitomfa: DEPARTMENT OF CONSERVATION OCAMINE EN MINING OPERATION ANNUAL REPORT MRRC-2 Page 3 (Revised 4/93 for 199, Reporting Year) 18. COMMODITIES AND PRODUCTION SEE FXHIBIT I FOR COMMODITIES AND UNITS OF MEASURE. " PRODUCTION INFORMATION 10" PROPRIETARY AND WILL BE KEPT CONFIDENTIAL PURSUANT TO GOVERNMENT CODE SECTION 6252 Check here TOTAL PRODUCTION Category Number "No Production CHECK ONE Commodity (from Exhibit B) (from Exhibit 8) for a commodity Amount of ( Production Short Troy Tons Ounces Pounds EEEAQ1JE=F� USING rH UR CATEGORY - TO EXHIBIT C 70 i+1tiD YOUR CORRESPONDING PRODUCTION ORANGE ND FEE, ENTER YOUR PRODUCTION RANGE RCODE IN�1 (A AND CORRESPONDING FEE IN 14(B) BELOW', A. ACTION RANGE 'CODE 1$ FROM EXHIBIT C g; REPORTING FEF ATTACHED_ $ 1 ;300.00 FROM EXH1131T C wnlmnED w: jr'p Hams (Please,pNnt) . bt1KL SiiF;iitdool) COi`t`COCT1140, TN' C. Your Mailing Addr9ss 05 STIMPSON 1D. ChylState2lP cROVILLik, CA. 9! 965 Vour Telephone Number 916) 533-2710 I ceFtity that the Information sUlimlttod heroln Is complete and accurate (fallui`e to submlt complete and accurate requlsite Information may result In an adr p h Code Section 2774,1). " DATES X/1 SIG14ATLIRE OF SUBMITTER in Pu611c�_ office V� 0 I OWNER 0 LESSOR M LESSEE b AGENT 'tl MANAGER D OPERATOR OR D OTHER "PERSON (specify thlc f Please malt Annual Aeport, repbetli g t'ee, :Ind MI required nttnchments to: DENA.RTMENT OF WNSERVATION Office of Mini: Reporting and ReclanMatlon Compliance 801 l< Straet, M5 09-06 Sacramento, CA 95514-3529 taI TRIBU1'itiNt Whit" -late Yall&O+ Load Agency Pink-6100hioa 92 0991 f W Ah Is U pEPARTMENT OF qt�f ��3 of Califorp CONSERVATION CA MINE »# REP„ORT MINd1�VG,OPEFiATION gNNUAL (ItGji�u ,Seven , MRRC'2 . Page 1 MINE NAME (Revl` sbtl 04 /,94 for 1993: Reporting Year) Telephone 6 -533-2710 Site Contact Person t 1, Company operating (`oAdon mcconnc�1 ., f�ultiti Shenwvod Cwntkaet nq. Ln runty city / s1aC+lt Gode9S7Q�L[�Z`� . Street Address/P,O.BoX No: d A:pV L-(.�� ' =' 495 ,'iLinpAon Roa�f r Mailing A dross 2. Des gnsted n nt's ame 495 R LM pAo rz 2 d . -hakeShehwuod Telephone ZIP Code q J 15-533-2710 city,^ 0 A V V i.L e Crc � 95965 . MAY BE CHECKED —If THEF�E ARE . N'D CHANGES ITEMS BELOW WHICH ARE PRECEDED BY A BOX LABELED Id.C. M II+d TIE INFORMATION FROM THE LAST 'REPORTING YEAR. (NOTE: IF THIS IS THE FIRST TIME `!OU' HAVE FILED A IEPORT, ALL SECTIONS MUST BE COMPLETED.) Telephone i 3. Owner of Mining Operation N.C. mailing Address (this address will pe used to send next year' s report form) Country (If other than U.S,A,) Slate / ZIP Code City S _ rtinp Year? Was this operation cased by you during reporting Year? [] No. _ —I WasQf operation e erQli yespdate of salerin9 r°p°�___.. . n Yes, it yes, date of purchase ---- — ❑ No. - Aasosaor'sParcei 4. Landowner Telephone N.C. Mailing Address _. Country (If other than U -SA) ------------- City/Stale/ZIP Code 8. Status of Mlning_ Aotl___ `!I119s DURING THE REPORTING YEAR CHECK 1 ONLY Newly Perenlited—Not yet in operation, Date Permitted �] Active. Idle (us defined In Public Resources code Sectloh 2727=t), Cempiote the Iaifowinpl Date operation became idle �--- Copy of Approved Inleriril Menag°merit Plan attached, ATTACli .PROOF” O AL �] Interim Management Plan pending with Lead Age noy. closed with no intent to resume, Date mining ceased n n Cloaed-reclametlon certNied oorltplete by Lead Ag©ncY: Dale mining cosd . b, Status of Reclamation:Activities DURING THE REPORTING YEAR CHECK 1 ONLY rl R oldindtion'not slaFted, ntatinn In progress (allach updated reclamation plan map tndiodllng progress), A1�1'ACH CERTIFICATION • Reclamation cor'ilied complete by Load Agency, F (Daio): Reofamatlon certified 'complete cit10 PI'naholef AssUtanoas released on 5 y Pink—Operator, " DISTRIBUTION;. VVhito--Sista: '� .: allow— Load Agency : qT� �•gk �^ -� � "..ft � fi. �. .�sui - w.^ Y t 1e, ,�. I ,1 - 1 _ - tqqJ f4 a Stafe gf,Celifo'rnla tOVt*..,� ; DEPARTMENT '.OIVSERVATION. A, .t: MINING OPERA t ANNUAL REPORT MRRC-21 ,Page 2 (Revised 04/94 for Year) 4 CA MINE 10# + 7, ❑ YES li inspection. completed by, Lead Agency during the reporting year. N, If yes attach the yellow co � copy of Surface Mining Inspection Report (MRRC-1), If Inspection report is not attached, please explafa on Page 4. e 8. SMARA Lead Agency (city OR county ONLY) Number of acres subject to Reclamation Plan.' ReclamationPlan Status CHECK ONE, ❑ No Plan' s�F �1 Approved on (dale), Attach copy with amendments, conditions, and PROOF of approval, ❑ Penr'ing. Submitted to Lead Agency on (date), ATTACH. PROOF OF SUBMITTAL, ❑ On Appeal. Submitted to SMGB on (date), ATTACH PROOF OF SUBMITTAL 9 ❑ YES: Financial Assurances approved by Lead Agency, ATTACH COPY AND PROOF OF APPROVAL t rt Complete below for approved Financial Assurances: Data of Annual Review Expiration Date or Amount Typo Dale Posted by Load Agency ,Ranowal Data (It applicable) IX NO: Financial Assurances NOT approved by V36d A onny, Check reason below: l l Financial Assurances pondn,g with Lead Agency, Submitted on 44.1-94 (date)ROOF OF SUBh11 i"1AL r , ATTACH P„ L:) Financial Assurances appealed to SMG}1. Submitted on—,.,(date), ATTACH PROOF 'OF poilmi7TAL, APPLICIMILIE, INFORMATION REQUIRED IN ITEMS 10 THROUGH 13 MUST RE PROVIDED FOR EACH SEPARATE PLOT 10, ATTACH NAMED UAGEOLOGICAL SURVEY MAP-7,5' OR 15' OUAD--SHOWING BOUNDARIES OF MINIMG OPERATION N'C Latitude Longitude Section—Township—Range-base Meridian Quad Name County 9 „N 1 i, Type Codes) of Mining Operation; SEE EXHIBIT A FOR 'TYPI-' CODES N.C. 12, DiSTURBcD ACREAGC_ •^ COMPLETE ENTIRE .4. Aliptoximale dlsturbed acreage at beginning' the ret;or(Ing yaar,''(Thia 1101re should match Ike figure i 6m :item I'E on your last annual report,) 2. Approximate acreage disturbed during the reporting year. P 3 , (ADD ,INE 1 TO LINE 2) L.: n 4, 5 ° Approximate disturbed acreage reclaimed during the reporting year. 6 5.. (SUBTRACT LINE 4 FROM LINE 3) Approxlmate disturbed acroage remaining at end of reporting year, 13, CHEOk ALL THAT APPLY N C' Cl Acres Permitted:_ . , 1£ permit # _ f❑ Aceta Vested (Acres disturbed prior to ,ianuaty 1, 1578): (� Acres on Feddral Lends: Pormit/lb 14.RIC, _ _., . Curre � alai asses"sea val'llo of rii(ning o14al:aflon as established b D'oUn,y A`saeasor'eoifloo ' ��. nt t„ blSTRIbUT1ON: White—State Y016W--Load Agency Plnk--•Operaidr �� 5fate o �a(lfofnia � � � t rn..; DEPARTMEN'i ° OCONSERVATION M1MNG"•OPERA'IiION AXWAL REPORT 4 n MRRC-2 Page 3' t (Revise 04/94 for 191�s Rd orting Year) CA MINE ID # ,4 16. COMMODITIES AND PRODUCTION I SEE EXHIBIT B FOR COMMODITIES AND UNITS OF MEASUFIE,, a I F.a t PRODUCTION INFORMATION IS PROPRIETARY AND WILL BE KEPT CONFIDENTIAL PURSUANT TO GOVERNMENT CODE SECTION ,M2 TOTAL PRODUCTION Check hero Category if No CHECK ONE Number Production List All Commodities (from for a Amount of Short Troy (from Exhibit B) Exhibit B) Commodity Pt^Auction Tons Ounces Pounds 18. REPORTINGFri, a M FEE SCHEDULE! USING BOTH YOUR CATEGORY NUMBER AND TOTAL PRODUCTION FROM WA) ABOVE, ?FFER TO EXHIBIT C TO FIND YOUR CORRESPONDING PRODUCTION RANGE AND PEE. ENTER YOUR PRODUCTION RANGE CFROM 131T C] ODE IN 18(A) AND GORtiESPONDINCa FEE IN 18(8) BELOW, a A. PRODUCTION RANGE CODE B. REPORTING FEE ATTACHED$ f 001 0 FROM 44IRIT=C SUBMITTED' BY! 6 /2 _ tj _ Uana «7 rC.ICtUi)o Yotir Namo (Pisaso print) Your Mailing Address 49,5 t L;Ti .vn Woad' E. 0A0V r.l ey Ca, J 935 City/State /zip Code /i // .533-61710 Your Telephone NumEef %4 -9 1 certify that the iniormation submitted herein Is complete and accurate (failure to sul)init complete and accurate roquislto informatlon May lYosult In an KX administrative penalty as provfded for In Public Resources Code SoctIon 27 4. t). SIGNATURE OF SUBMITTER GATE e;--24-Cf < O 1 i f a e.A UCn TITLE F SUBMITER .. Pleas© mail anhum report, Peporttng tee, and ALL "required attachments W DEPARTMENT OL C,ifNSERATpfJN z Office of biline Roclainat0on ` 801 K Street, MS 09-06 Sacramento; OA 95814-3529` DISTIIIBUTIOW White--81tatt3 Ycllow-Lead 496hcy pink"—Opdrator , yab N t' -, C \* •': CJ' `L AA..! i.;y t .State of Cf�ornia ,a, rRTMENT � ONSERVATIgi�'�a' �YENI6A��'tyd NC OP RANION ANNUAL REP..O T r, A` MRRC+2 ,P69e4 (Revised o4/9y1 toM 1993 R pbrting Ve6l CA IMINE ID s. c a w s. Y , r i 1 F y r� Y, a ' � i x D18TAIBUTION; wlllwo Suite yellow—Lebtl Agehay pink—Operator y497741 k , 1?R.Fr�A"`"� CEPARTMENT O c S(�te cf Calilornla; ' MINING OPERAT ON� ANNUAL REPORT A MRRO FOR C IDX RRC USE ONl�Y r � '1411'IRC-2,I'age-1 (New 5/9 )' MiNE NAME:'LUa'Y 7 PA'7t P 6 Mine Reporting Feof'Remittance Please check the appropriate box bele..; nd enclose the proper annual fee. FOR FISCAL YEAR 1991-92 ONLY, each active mining operation must remit a fee that Is based on the total acreage covered by each reclamation plan. Please see the instructions for more information: 0 Idle Mine, regardless of size ENCLOSE "'$100.00 Active Mine, one acre or Tess in size ENCLOSE •"$50:00 [3 Active Mine, total of 40 acres or more subject to the reclamation plan ENCLOSE •12,000.00 FLI Active Mine, total of 1 to 40 acres subject to the reclamation pians ENCLOSE ' Acreage covered by reclamation plan; 5 : ` X $50.00 $250.00 $ 250.00 0 New Mine, permitted but not yet in operation ENCLOSE -$100.00 Q 1 claim eXemptfon as a governmental agency ;ender Qovernment Code Section 6103.6103.11 1. Operatton ?lame Pormor Names) (if applicable) 'LUCKY 7 N/A Site Contact Person Business Street Address Mailing Address (it different) D= SllithWOOD 495 STIMPSON RD Steffi . City State/ZIP Coda Telephone OROVILLE Cil: 95965 (916) 533-2710 No longer in operation with he IntentTo resume operation; It clocked, complete only Items 1(b), II, III, IV, V. VI, VII, and XIV, i i (b) 0 Yes No Reclamallori Completed, If yes, data financial assurances) released II, Owner's Name Mailing Address city tiUCKY .7 ""WCH Ltla(` 7 LAB. Dtl t? YLI, Slate/ZIP'Codo Country (it other than USA) Telephone (916) 5313-1058 Was this operation purchased during previous calendar year? Yes No It yes, date of purchase • g ent's Name � Ill, Ag Desi hated Halling Address WO SaLiE[ 001) 064TRhC'i]iHO INC. 495 STUW8011 UD. City ZIP Code Telephone OROV7LU. 95965 (916) 533 710 IV, Landowner Assessoyr's Parcel # � y 7� LI i41 7 [u 41 -1 ` ]� y 141w.6 24 0 115,— ,::. 4i-1Hr-62 Mailing' Address Telephone (916) 533-1058 City a Country (it Other Ihan USA) Nb CtiANUB$ POOH LAST At DR` WO 015ft ,L fy'1L. 5965 V. Load Agency (oily, county, BCDC) ciamatlan Plari'(Ghoch ore} Approved on - (date) ® Ponding, Submllted nn (date} ' beh it applic6bi , Cdpy of approvdd Reclamation I Ian and arnendnionts (With any conditions) attached with proot of approval, Oh DISTRIBUTION . White — State Canary Lead Agency Pink .. Operaler i State of Gelllornia DEPARTMENT"OK OONSERVATION MINING OPERATION ANNUAL, REPORT MRRC-2 Page -2 (New 51,",, ; IF THE MINING O EFs"T! N INVOLVES NONCONTIGUOUS PI PROVIDED FOR EACH NONCONTIGUOUS PLOT. FOR MRRC USR ONLY 1 - MRRC IDS MINE NAME; ATS OF LAND; INFORMATION REQUESTED IN ITEMS VI THROUGH XII MUST BE Township, Range, Base Meridian Quad Name County VI. Latitude 39037°k5°' Longitude/aSect, 121°36'30'° Sect, WIN R3E S35 H,D Ei'ysfi' C1111MOKE9 Bu; n ATTACH NAMED U.S. GEOLOGICAL SURVEY MAP—»7,5' or 15' QUAD=SHOWING BOUNDARIES OF EACH NONCONTIGUOUS PLOT VII, TYPE CODE LF SEE INSTRUCTIONS (EXHMIT A) FOR TYPE CODE Vlll. STATUS "OF MINING ACTIVITIES ON THIS PLOT OF LAND 0 Active 17Idle If seasonal or other Ilian full lime, typically active FROM TO ❑ No longer In operat'on With no Intent to resume, a r IX. PLEASE CHECK ALL THAT APPLY ? ❑ Perroltled- Acres &. Pormil # Vestd: Acres dislUe `�" ❑ rbed prlol to Jahuary 1, 1976 ❑ f Cddral Lands; Acres & Perm;tliD # , X Number of Acres Subject To Reclamation:P an 5 FORMULA! (a) + (b) - (c) = (d) w a. io App'roximato cumulative untectalrned distutbed acreage at beginningotprevlous ealondaryear b. 5 Approximate total Acreage newly disturbed during previous calendar year C. 15 Approximate total disturbed acreage reclaimed duting previous calendar year d. U Approximate total unrectalmed disturbed acreage roPnaining m and Oi calendW year ❑ Reclamation hot started 1Ii ❑ Roctamatlon`In progtesfi (attach updated reclamation plan map"indicaling ptogresa) ❑ Rr?clamatlon rompleletl XI Prridheaaf assUtancos approved by read ngondy, if checked, allaoli ropy. li i,� f? P- { r yx, urn !, (fJtl Flhanclalha`ssurancbs 0011069 appeal, Yea No PROOF OP FiNANctAL ASSURANCES ATT'AcHED., Indlddte curt*nt fIrinncial assuloncG§ beldwr TVpe� � � Delo Posted {°='f Ex iratlon DatitdF Hene ., b Wai 11a`to (Ir hgplieable Abtount' s� -77 Yo3' Noth�pectjo`rl ro'mploltlo' by ttil6Joad hgbnrsy, of agent, Within the 5aat caiohda ycat. Ityaa, Of sa allae�l a'eiipy of rer l raatloli Irspeetloki teporls, : Inepeollbri report fshot difachod, please glvo reasofit r 'r tX8ThIbU`riON ; White w= Slate Canary �- Lead Agof,' ) Plhk - - Operator ' State of California DEPARTMENT OF CONSERVATION MINING OPERATION ANNUAL REPORT MRRC-2 Page -3 (New 5/51) XIII. $ Current total assessed value of mining operation as established by County Assessor's Office Xlv. ' MINERAL. PRODUCTION FOR CALEN^ 417 YEAR 7990 THE REQUIRED MINERAL PRODUCTION INFORMATION IS PROPRIETARY AND�VI41. BE KEPT CONFIDENTIAL IT WILL NOT SHOW ON THE LEAD AGENCY RECORD. SEE INSTRUCTIONS (EXHIBIT B) FOR MINERAL PRODUCTS AND UNITS OF MEASURE, IF NO MINERALS PRODUCED, CHECK HERE ❑. AND DO NOT COMPLETE TABLE. SUBMITTED BY DUKE SHER1 000 Your Name (Please print) Your Address 495 S7lIMPSON RU. City/State/ZIP OROVILLE, CA. 95965 Your Telephone dumber 916 533710 OWNER El LESSOR ❑ LESSEE ❑ A61=NT Q MANAGER ❑ SITE CONTACT PERSON OR Q OTHER PERSON (specify title) __ _. OF El CIOVERNMENTAGNOYbSPRESENTATIVs(spocilytitle) I certify that the Information submitted herein Is complete and accurate (failure to submit complete and accurate requisite information may result In an administrative penalty as provided for 1n Public Resources Code Section 2774,1). SIGNATURE OF SUBMITTER ' DATE Please mail to, DEMATMENT OP CONSERVATIbN I11Ilne Reporting and Reciamats,on Compliance Unit 520-0 BerCUt Delve M Sacramento, CA 95814 DISTRIBUTION s White —Slate canary, — Lead Agoncy Pink W Operator - i I$TRIbUTION : White State Canary — Coad Aponcy pink OpotaloP y� i� ;Sfateyol Calliornia OEPARTMENT OF CONSERVATION " " FOR MRRC U5E ONLY MINING OPERA TION ANNUAL REP,.ORT MRRC-z Page -4 (New 5191): ', MINE NAME: A r j r j S I { t I , a w � t { s y ' k a as hh 1 , Ir o , -- i i I$TRIbUTION : White State Canary — Coad Aponcy pink OpotaloP ITEM S: ACREAGE OF LEASED LAND HAS BEEN ADDED. ITEM 12: GEOLOGIC DESCRIPTION, WHICH INCLUDES THE ALLUVIUM 'DEPOSIT; IS AS STATED ON APPLICATION WITH SUPPLEMENTAL DESCRIPTION. ITEM 13: NO ADDITIONAL INFORMATION PROVIDED: STATED ON THE APPLICATION ARE CURRENT SITE AND NEIGHBOR LAPID USES, VEGETATION; UNKNOWN GROUND WATER DEPTH. WE ALSO STATE THAT DRY CREEK FLOWS THROUGH SITE. NO CHEMICAL ANALYSIS ON'THE SURFACE WATERS HAVE BEEN 'DONE, IT IS UNCLEAR WHAT SURFACE WATER;` CHARACTERISTICS YOU APU:h ".00KING FOR. ITEM 16: APPLICATION CHANGED TO INDICATE "TONS". ITEM 17: APPLICATION CHANGED TO INDICATE '`TONS". THE CONFLICT YOU REFER TO IS UNCLEAR. ITEM 19b: WE HAVE STATED ON THE APPLLICATION THAT 25,000 GPD IS PUMPED FROM DRY CREEK. THE WATER IS USED TO CLEAN MATERIAL OVER THE SCREENS. THE ONLY WATER LOST WOULD BE TO EVAPORATION WHICH IS MINIMAL, THEREFORE, ALL THE WASH WATER FROM THE SCREENING OPERATION IS CHANNELED TO SETTLING PONDS, THIS WATER CANNOT BE REUSED WITHOUT EXTENSIVE SETTLEMENT OF THE SUSPENDED FINE MATERIAL. THIS "MINING OPERATION; AS HAS ALL PRIOR OPERATIONS,'TAKEN THE WASH WATER FROM. DRY CREEK. ITEM. 20. SEE SUPPLEMENTAL INFORMATION SHEET, ITEM 21: ADDED SCALE OF DRAWING, ITEM 22: SEE SUPPLEMENTAL INFORMATION SHEET ITEM 26: 'IT 18 NOT UNDERSTOOD WHAT STAFF IS LOOKING FOR. WE STATE THAT WE ARE TAILING TI E FINES FROM THE'SCREENING OPERATION, STOCKPILE AND USING THEM FOR RECLAMATION': ITEM 30: WE DO NOT UNDEkSTAND STAFF'S COMMENT& AS STATED IN THE APPLICATION, ONCE THE ALLUVIUM IS REMOVED FROM THIS SITES MINING OPERATIONS WILL NO LONGER BE FEASIBLE. ADDITIONAL STAFF COMMENTS: STAFF MADE COMMENT ABOUT OUR APPLICATION STATING THAT AGRICULTURAL COMMISSIONER APPROVE RECLAMATIONPLAN, THIS IS INCORRECT, WE ARE STATING THAT THE COMMIS81ONER APPROVE THE GRASS SEED TO BE USED, 9d=507,MP ti,i 7 PLANKING INVISIQN DEPARTMENT OF DEVELOPMENT SERVICEB 7 COUNTY CENTER DRIVE OnOVILLE, CALIFORNIA 9s90E -m! May 25, 1994 TELEPHONE; (910) SM-7001 FAX; 10181 838.7785 Duke Sherwood 495 Stimpson Road Oroville,, CA -15965 RE Applications completeness for Mining .Permit and Reclamation Plan Dear Mr. Sherwood: This letter is to notify� you that. your application has., .been reviewed and deemed incomplete by staff. The following lists those areas, numbered as per application, staff found to be incomplete: #8. Project Description: total acreage of the project #12. Geologic, description/setting is incomplete - different from soils 13. Environmental description is minimal. Groundwater elevation is not given, Surface water characteristics are inadequate, #16. li�i this figure tons or cubic yards? #17. Is this figure tons or cubic yards) is this the "totalT If so, this conflicts with the first Part of #17 and #1.6. a #19. Gallons per day? Minimal information water? quantity& quality of used and/or surplus � #20, What is the timeline for mining these 5 acre increments%` What can the County expect to see in the way of Reclamation efforts in these areas -- time 'wise? a comparedrac to Accuracy Of gearea"sed on aerial photo �= ? to Coale? "Yard area" acreage he ratio is misleading, ;( #22, Future mining area limiis in 19 acre incroments are not shown. #26`: Describe the proposed soil salvage plan. More detail: 44 r V429. Hazardous materials question: what about drain oils, hydraulic fluids, cleaners, etc. associated With operation? ° #s23 27 & 28. Reference to Agricultural Commissioner having the authority to approve Reclamation Plan . this 'is not accurate. Public Works Director shall approve any „ Reclamation Plan. In addition to all of the above, the Reclamation Plan as submitted needs to be more specific, more detail, better planning. Also, please explain/describe financial assurances to the County (bonding) to assure that costs for any reclamation work is covered? Public Works would like to see: (1) main entrance to State Highway 191 (Clark Road) provide Caltrans approval for access (minimum requirement a public road approach); (2) Developer to prepare a reclamation plan and cost estimate for Reclamation to determine bonding (minimum $25,000). Plan and bond to be submitcd to Department of Public Works for review and approval. Any questions regarding this matter, please feel free to contact me at 538-7601: Sincerely, Stephen Hackne Associate Planner n f BU E co.TNTX PLANNING COMMISST N 7 County Center Drive * Oroville, CA 95965-3397 Planninn (916) 538-1601 MAY •0 4 19914 TO'. Public Works DATE: April 25, 1994 orovillo, ediiornla RE': PROJECT REVIEW & ENVIRONMENTAL EVALUATION }' Duke Sherwood Contracting Inca Mining Permit/Recl. Plan Ap# 041-17,- Enclosed is preliminary data our office has received or generated 115` Concerning the following project•. Application for a. Mining Permit and Reclamation Plan.. Located east of Clark Road along Dry Creek.- AP# 04'-12n-007, 115., We are making an assessment of possible environmental impacts and will be preparing an environmental document, either a Negative Declaration, Negative Declaration with Mitigation Measures or an Environmental Impact Report (EIR). Please provide any factual statements, ideas for investigation, or opinions you can offer in your area of concern or expertieG that relate to either physical, social, or economic impacts that this project may generate. Please respond within 14 days of the aboVe-not,Ad date. If no response is generated by this inquiry, then it, shall be assumed that there are no significant environmental impacts which are potential from the project. We appreciate any assistance you can prof-ide; Sincerely, e��LarryPalnfer Planning Technician 'Comments: 4 gwr Gcr IS W =?%r •' j s` ISI I�rr���rl�i' r� �rja��� ,� ra �jewyt r�cl�w� n % I+rs✓` E���/r r �dCGI? nL?A.jiii DE�l�rt M "'VeLid rtl,0 L NwM" 41 , 000 ,s"t/ r3 M I7'J')7f�/�7''iin e d r-''dG'L Jit /'m� ✓2 svic-✓ / Does your agency wishto receive a copy of the environmental document (initial study for Negative Declaration (With or without Mitigation Measures) or EIR for this pro;ject)< No BUTTE COUNTY PLANNING COMMI58ION countOroville Y CA n ex 95965-3397Isnni�tc� Departm�#�4 �f (916) 538-760 MAY 171994 TO: Environmental Health DATE: April 25, 1994 UrQviii�, Cal�fortti RE: PROJECT REVIEW & ENVIRONMENTAL EVALUATION Duke Sherwood Contracting Inc. Mining Permit/Reel. Plan - A # 041-110 Enclosed is preliminary date our office has received or generated 1: concerning the following project: Application for a Mining Permit and Reclamation Plan. Located east of Clark Road alon -DrX, We are making an assessment of possible environmental impacts and will be preparing an environmental document, either a NegativA Declaration, Negative Declaration with Mitigation Measures or an Environmental Impact Report (EIR) please provide any factual statements, ideas for investigation, of opinions you can offer in your area of concern or expertise ;.:hat relate to either physical, social, or 3conomic impacts that this project may generate. Please respond within 1.4 days of the above-noi:ed date.. it no response is gen this inquiry, then "t shall be assumed by that there are no significant environmental mp�`ats wha4cYi are potential from the project. We appreciate any assistance you can providE Sincerely, 1694 Larry Pal er ��tznulLL,CAi1�0P11A Planning Technician Comments ; O Does your agF��cy wish to receive a copy of the en'vironmentz�]. document (�n$,tial study for Negative Deciarat..ion (with or without Mitigatiol'ti Measures) or EIR for thin Project) pies Ito ...,5ION 0sari�non BU'I"; r COUNTY PLANNING COMMIS 7 County' Center Drive pleap�ng. -4 OroVille, CA 95965=3397 (91:6) 538-7601 MAY 0 21 I DATE: April 25, 199► OV6,jilio, California TO: County Fire Dept, /CAE RE: pROJEcT REVIEW & ENVIRONMENTAL EVALUATION ^ Duke Sherwood Contracting I= Mining Permit/Rec1. Plan - Wp 041-1 i0~ data our office has recoived or generated Enclosed is preliminary Permit cAp_,. P�? _'cation for a Minri and concerning the fcillowing -project: 115.. Located east of Clark Road Mon Dr Greek - Reclamation Plan: assessment of p 'tent impacts and a making an as ossdocuntent1reither l Negative We are an environmental will be preparing Negative Declara��,�.n>Z with Mitigation Measures or a Declarati,3n; ) Environmental. Impact Report (%1'' - ovicle any factual.. statements, deaa for investigrtai'.5er please pr our area of concern or exp.-, or opinions you can offer in y socia, or economic mpadts that that relate to either physical, this project may generate,.. the of above -noted date! if no ' Please respond within 14 days then it shall be. assumed response is generated by this nqu Zyr acts which are that there are no sigiifiCant 'envira»enta7- imp. potential from the project . an ass,st«nc you can provide. We appreciate any Sincerely, 7 W Lary. Pa' er Planning Tect:nica.an Comments A '. I :f �' w44-. wisY� to receive a ccypy of the environmental 4 Does your agency for Negative Declarati0l with or Without documeht (initial study or EIR :for this 'proj ect Mitigation Measuros) No kes Notice of Comp Appe F See NOTE below Mail to: State Clearinghouse, 14001imth Street, Saaamento, CA 95814 915/445- fo' SGH Project Titlo: i1L&&� L61017 ?104 Lead Agency: Contact Person: Street Address: ti 'Je Phone S 0 City: ° J Zip: G hj (D hJ County: Project Location County. 3. City/Nearest Community: Ir a J eI I` t Cross SITeeis: r \"Vi V-.- _�t�� _ n Total Acres: 1J Assessors Parcel No. 1� Tip. -2081 'Ilk' Range: S 11 Base: Within 2 Miles: State Hwy #s Waterways: Airports: Raildye: Schools: Document Type CEQA: ❑ NOP ❑,Supplemvnr/Subsequent NEPA; ❑ NO'l Other: M Joint Document ❑Early Cons ❑ EM (Prior SCH'NO.)_ ❑ E A 0 Final Document 14Neg Dec❑father ❑ Draft EIS ❑ Other ❑ Draft EiR Q FONSI ----------------------------------------- Loco( Action Type General Plan Update ❑ Specific Pian ❑ Rezone ❑ Annexation ❑ General Plan Amendment ❑ Master Plan [:1 Prezone Q Redevelopment General Plan Element ❑ Plmmcd Unit Development "' Use Permit ❑ Coas Permit - t rl Community Plan ❑ Site Plan 'L] Land Division (Subdivision. [a Othcr Parcel Map, Tract Map. etc.) Development Type Residential: Units Acres ❑ Water Facilities; Type __ MGD _ Q Office: SO.: Acres Empl Reviewing Agencies Checklist Resources. Agency Boating & N'daterways 1'1 Coastal Commission Cowtal Conservancy Colorado River Board' Conservation Fish & Game Forestry Office of Historic Preservation Parks & Recreation Reclamation S.F. Bay Conservation. & DevelopmentCommission Water Resources (WR) Business, Transportation & Housing Aeronautics California Highway Patrol _�,_CALTRANS Dismct; L Department of Transportation Planning lheadquartex s) Housing & Community Development I, Food & Agriculture Health & Welfare Health Services State & Consumer Services _General Services OLA (Schools) Public~ Review ,Period (to be filled in by lead agency) Starting Dace )-- Signature , -- KEY Document sent by lead agency X = `Dasument sent by SCH V ; Suggested distribution. M Environmental Affairs Air Resources Board �—APCD/AQN[D California Waste vianagementBoard SWRCB: Clean Water Grants SWRCB: Delta Unit SWRCB: Water Quality SWRCB: Water Rights f Re9onal WQCB n Youth & Adult Corrections _.._ Corrections Independent Commissions & Offices Energy Commission Native American Heritage Commission _—Public Utilities Cotnmission Santa Monica Mi ountains•Conservancy State Lands Commission Tahoe Regional Planning Agency Other Q tl1- Ending Date tf Date'__ r o_G hi For SCH Use Only: P61'sed October 1989 I w w An l �4:-.POP 01 l:"' � f�i IU � � .; ,� p' ;,.,+n, r t :1 � } r'!r�a 11 A� y��'w`� • 1�' ! 14, o N 19 9L 141 M U 5 �I J i « «._. 6 1-«. it " ,J)j' 2 at y ° E.VV °`•' ` „'p 4 Ve'l ` J `� to -17 d/� 17 \ >d7df� xt q °? �I �` /I ° ? t � M° �1 yC � •. '�. r� q •'�+• Y 'A'Y i� rJ. X r�.—b b' � `�i [ J �' rn �:., Il lly 1�• In,t . r� + ry r C{J k u l TMt t�w 'y6r r,Yyw`jj 7�'*e ,� !l• jl �„+' .✓ �r�t �'�._. \ IM v \;;YY' tr � A .r ��^ 4 T� 1�SM � tv��& 'C�Iw ' " ; C, 'r k'.� �.i�.-� ' �' �� �,•. + U' : s�, E YY p „� t 1`� a ;qu Y a•4 a. r ° v N4,• t ` 1 a U � t rl \ �r of �it -Itoit f') J m—. •1'� .I.r�� mKi� 2�.____.__....`XL.. 4S At rr sn S. Jl {sff'<4 s �y 0.�'.`- t - ,.,.. a.7,� �� �• 'h�'�?�''�`(f � , � , n ro v til s fl -!`a IP" �• t....w.w �ri x _ �'yyt•. + �'� , , `�'"�' r, a, m •. `` �� �1� �; �i �� la `t >✓'+A �1.Y'�� N1Y1 ti '-3B � ti�� 1 �br 'fii � �: 6 h sv of r is F} A h t i i:ay. L. Ib'8Z97. �q LL�c/'i .c• 'cc r ( y °# x iJr l` nfU 75nUF h) ,! 35F�1)F�-'.t v� NO $77IH 7 3HY'I t Y M (.,• SKI �t;w h n, r tq�,Ub ' .... y„',�..�,... 9e �rttg7�y 0 h q� a��c10 rb Ftii ht1 1-'i'l .. ] >,:- t ri L7 m, r b �`� r►4'tiltaY,� N .V . .. f•,..� ` n., ��"`1� � 1 }r y,��'3, 7�+5 t ,4.ti°�'ikl�. 1 V � ' � h -� k lf` k'.b ��1r44 ``1�rp! Vv a ra• �,. d• N n � �� 3 Pte' � � �,ll"� ^A"w�� tk' o. i iy q " f is+ry e#r •kt'Y 4 • Q y,. � ^ kqt .,�.. _'-. �q ~�''`"",,rE"•«=� I�� . , , � � � as .. �' � Jul �� � ��l Y i �kl� k.:,. ' r{ � F�k a1f1 U1 OR 4 ID I .•� µ A ' '; "r lci ' ♦r 1 1't'1t� L.•uY .. <„y n ...�....:... 'K' rD Y�4�.�.,� r. :W.._ i ��. �y+�;�� �• �' •I, ' "`�Yh E '�+l111J A RM 11M I W71771 , MR i O 1 e �4 y NL ~ D Q r H 1Afn11 7 77-& L p J 0 �N//Y/ Gv ta � f ' 1 Duke Sherwood Contracting,, Inc. has been operating in the Lucky 7 Pit since January 17, 1984. This quarry site is adjacent to Dry Creek 'between Clark Road on the southwest end of the pit anC. Wheelock (Messila Valley) Road on the northeast end of the pit, approximately two and one half miles in length. The side limits on the pit are clearly defined by the alluvium deposits This quarry site, it is said, was the first ohe_ating quarry .in Butte County. The quarry Y Y p y rwood has been mined b man different operators over the ears. Since 1970 Duke She Contracting, Inc. is the third operator of the quarry. The material extracted ;From this site is the alluvium that has been deposited over the years. Much of this material. is the result of the llydr,,ulic mining that occurred at the Cherokee Mine, Because this is only a screening operation, tyle products offered are sands and gravels. The washed sands produced are used for backfill of utility trenches for electrical and gas lines, for plaster and mortar sands and for decorative uses such as golf courses and volleyball courts. The unwashed sands are used as a backrill material. The gravels produced are pea gravel and a cobble rock: The pea gravels are used as a bedding material for pipelines ,and for dc,:om".ive uses: The cobble rock is used for decorative work and for erosion control, These products are sold to the general public, to utility companies and to governmental agencies at all levels., A-2 PRESENT AND FUTURE LAND USE This quarry site is part of Lucky 7 Ranch and has been used for grazing: The grazing has continued on the Illille Site through the years of the quarry's operation. With on going reclamation, the site can be 'used for grazing while it is being mined. upon extraction of all usable minerals and the completion of the reclamation, ile site cwhydraulic ll continue to be used for l r ►aulic minim from the grazing. Beeause these alltiv►unl depos►ls are the re y • ' b Cherokee 'Mille,, it is ilnlikely that this site will produce adequate materials to justify further quarry operations. A-3 GEOLOGY AND SOILS Tile, Riverwash lies between Scabland on the north and Honcut sandy loam on the south. The scab land consists of areas of dissected remnants of lava flow that extend Froin high up ill the Sierras to the valley floor, The slopes are gentle and regular, but the surface is covered with large lava boulders which are alides►tes a►id basalts, The Floltcut sandy loam is a toast:, friable, granular material 12 to 40 inchestiticl< This will rest upon variably textured and stratified eletllents. The Honcut sarld loam Is a reddish -brown color And does have considerable organic iliatter in the top few incl es, Riverwash comprises the comparatively Barren areas of sand, gravel, and boulders occupying positions along Dry Cru;k: These materials have come frottl 2 6 . X . Workings of the old Cherokee hydraulic mine: ;iGT A-4 SURI,ACIVI WATER AND GROUND WA'T'ER Dry Creek runs through the quarry sitealthoughmost of the mining operation, to include the plant operation,`lie to the south of Dry Creek. Settlement pontis have been constructed and are used in conjunction with the screening operation. The water source for the settlement ponds is Dry 'Creek. The Dry Creek watershed north of the quarry is in excess of 6,500 acres. The watershed runs from an elevation of 2200', draining part of the Town of Paradise, to an elevation of 400' at the quarry site. This watershed is steep, long and narrow. Winter runoff is very fast with this basin 'being very sensitive to localized storms, Dry Creek does flow water through out the year however, late summer flows are low. The closest domestic well to the quarry site indicates the ground water table to be at approximately 40'. A-5 VEGETATION In general, the river wash is :barren of vegetation, but in places there is a growth, of cottonwoods, willows, brush and vines, Native grasses have propagated in areas that were mined years ago and also in areas that have been reclaime%I by Duke Sherwood Contracting: Is,1.1 a Y � M l L h c,,. B. MINING 13-1 CURRENT CONDITIONS, PUBLIC HEALTH AND aAFETY All mining to date by Duke Sherwood Contracting has been performed using bulldozers, scrapers, graders or other excavation equipment. the extrWtion areastile l quarry to five acre site has Because been mined'.. the current operation is limiting. Of 'the .allLM11111 materials being mined, there is no need for explosives to be used on site. �erfornled, Reclamation of ,mined areas tins been l The mined areas are gradedto a uniform condition naturals are placed if needed, to allow grasses to grow. It has been possible, because of the alluvium materials, to complete reclamation without placemelltof,natu,ais. Since Duke Sherwood Contracting has been operati,ig the pit, they have reclaimed over thirty acres that they have mined, B=2 EXTRACTION METI•TODS Materials in this alike are identified as allliViliill with these materials tieing the result of the old hydraulic Cherokee Aline, Extraction of these materials can be accomplished with the use of normal excavation equipillent. The alluvium material .is rarely found in depths greater than 81X feet. Therefore, the use of scrapers, dozers, graders and front end loaders are ,conlmo;i for this quarry operation. The materials extracted from this aline include sands, gravels and cobbles. The processing of this material is via a Wet screening plant, The plant site is stationary and Occupies f approximately five acres, .r Since the types of alitiVillill material's may Vary thi`Olighotlt the quarry, two or three separate areas of excavation may be ongoing siniultaneousl The sand deposits illi y p l be heavier in one area with the gravels heaviest it! another, however, Special care is taken not to disturb more than a five acre site, Upon completion of extraction on the mineral that site is uniformly graded, topped with naturals if the a r',ultural corn ill issioiler. needed and seeded Witha mixture of seed that is approved by Tills llline has been Mined for decades prior to tile, current operator, rvidence of these opergatiolls clearly visible throughout kite llline, .Because of these prior o eratiorls and kite , ' 1 p irregular depth of the alluvium deposits, it is difficult to designate definite areas of future mining; y quality q y be alined can only he determined by activity.The unlit and uaiitik of the Materials to ex locator excavations, 4 5 q B-3 EXCAVATION LIMITS', SLOPES AND DRAINAGE The Lucky 7 Pit is defined as being along Dry Creek from Clark Road to Wheelock Road (Messily Valley Road). This <1 length of approximately two and one half nniles. It is clearly visible that prior operators of this mine dirt in fact extract materials for the full length of tile quarry: i With the plant site occupying approximately five acres, and the evaporation settlement ponds being approximately two and one half acres, Duke Sherwood Contracting would not disturb more than five additional acres for materials extraction Upon completion of isle extraction, those Whined lands would be reclaimed by uniforinly gr-ading, placement of naturals if needed and seeding using an approved seed mixture. With this Operation being the extraction of alluvium deposits, rarely does the depths of these materials exceed six feet: Wore typically, the depths are four to six feet a. ;1d in some cases only a couple of feet, Slopes of the materials will be retained or replaced at 41, Because of the types of mined materials and the local environment, drairjage is not a problem. The mined areas being graded uniformly and seeded will assist in the preN�ention of erosion. B-4 CONTAMINANTS AND MINING BY PRODUCTS Preventive measures against soil conttm7ination have been in effect since the beginning of the Duke Sherwood Contracting operation, and they will continue. Petroleum products are dept under lock and key, The petroleum tanks .-ire located in containment areas that limit potential contamination from an accidental spill as per state and federal, laws. Other contaminants are kept in proper containment devices to insure safety from Accidental spills, The hazardous materials stored within the quarry site ,ire as follows; Diesel Fuel, Hydraulic Fluids, ;Motor Oils and An ti -freeze. All surface water runoff from the plant operation site is sloped away frons 'Dry Creek and in the direction of the settlenletlt pond, As needed this pond will be cleaned of tale fines and silts which then will be used in the reclamation process. All materials p'sothroughlscdifferent of f,g gravels' ilmoun of n trats which will be used I'll tile cobbles The only by productisq ited reclamation process. B45 DUST CONTROL Bec a problem 1300a 4ise this nlitirng aper the excavation oft tion is the e;ttracuon of alluvium deposits, dust is generally not his material. ThellfttUral 1110isture content of this material and the lack of tilt tiller silts ,prevents excessive dLtst, 5 t 1VlN mL4`1 HOD The mined. Becat soeptlie miningmation o' Bra� process will contirt�ieas soon as all useable materials have been P ]1 disturb only five acres at a tii1�e the largest area to reclaim will be five acres: Once reclamation begins ort an area, the surface will be uniformly graded Slopes graded to a 4:1 or ratter. As required for seeding; nakiirals will be lace! i� with side p t 3tng scrapers and: a grader. Because of the alluvium deposits and tl7e underlying natural soils, the depths of the naturals is not coltsidered to be a significant factor in the seeding process. C-2 EROSION CON 'ROL AND SEDIMENTATION The topography of the quarry Site is such that erosion and sedimentation frons the quarry operation is not considered to be a significant problem, The mine site slopes with Dr Creek i ti'`'e east -west direction but is basically level in the north -,south direction (perpendicular re k i � Creel•). (p - p y Quarry operations as well as the plant. site have been graded such that any runoff is directed away from the stream bed, Sedimentation ponds are located south of the plant site. Because of the granular naur% of Product produced; erosion from Stock ouch S not eons to be a problem, considered C-3 STREAM REHABILITATION While the ,juarry lies parallel with Dry Creek the quarry operations are kept out of the stream bed, Tile onlyinterrerence with Dr Cre , applicable permits have been obtained fium the Department fr011l risl� stream bed crossings, All e. C-4ICI MOVAL Or, EQUIPMENT AND MAT cRlAhs dismantled and Uport completion of Duke Sherwood Contracting nlilling operation, the .plant site will be removed froni tile lsite or pi1oved o��Or��ie site, Should material stock laced ,piles remain they will be either all unreclaimed areas will then ley �cl1eti, The area »obiletequips to mentlu saidY The plant site and Will then be removal froln the site, for this reclamation The evaporation/siltation pond will remain to enhance the environmental Sellingand t' Provide an additional watering pond for tite livestock, o 7 :F RECLAMATION COSTS FOR LUCKY 7 PIT The followingis a cost breakdown with equipment to be used for the reclamation.. The,:area to be reclaimed will be Uniformly graded using dozers and a grader, applying water as needed, A blend of grass seed, as approved by agriCultural commissioner, will be spread over the area. i Seeding Will take place in the fall or spring of the year depending on wheather conditions at that time. All slopes will be bitter than a 4:1. A. Equipment item Quantity $/Day Total Days Total Cost CAT D -8N DOZER 1 1300 1 1300 CAT 140G ROAD 1 r 650 1� 650 WATER TRUCK 1 425 1 425 1 35;00 TOTAL $3450 B: Labor Item Quantity $/Hr, Total Hours Total Cost D8 Equipment Operator. 1 45.00 8 360,00 140G Equipment 'Operator 1 45,00 8 360.00 :Laborer 1 35;00 8 280:00 Total $1000.00 C. Materials Item Pounds per acme $/Ib Total wi Acre Total Acres Total cost Seed Blend 35 9.25 323,75 5 $1618,75 Total $1618.75 Total cost for reclaiming etch 5 acre work area will be $6065,75 A S d .