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HomeMy WebLinkAbout160SP-51 Appendix B County/City i Butte County . j SUGGESTED MODEL RECLAMATION PLAN As a guide to Counties and Cities for Compliance with Section 2772, Surface Mining and Reclamation Act of 1975. I i. i i KARMELA MINERALS,. INC.. 4LTER.. OP.ERATOR' AND AGENT �. Applicant: � Karmela Minerals, Inc. P.O. Box 925 . Loyalton, Calif. 96118 (.916) 993-1139 or (916). 993-0.07 .2. "Nate of Mineral Property: Lyte Placer or Blum Placer or Dry Creek Placer,'. 3. Owners :of. M neral�ri�hts: Karmela.Minerals, Inc 4. Property Owners: Karmela Minerals,. Inc. 5 Lessee• NA 6. Operator: Karmela Minerals, Inc. 7. `merit of Process Gary.J. Steingrebe CPA P.O.Box '655 Loyalton, Calif. 961-18 (916) 993-1139 8. Lep�al.descriptio.ri of.the'miried lands involved. Property includes 109.6 acres located.as follows: W2 of the NEI and the N2 of the NWI of the SEI and the SW4 of the NWI pf the SEI of Section 1, T21N, R3E, M.D.B.&M. Butte Co, Calif - Approx.. .18 acres of this 109.6 acres will be involved to some exterit in this mining op.eration. This acreage is located within the following area: N2 of the NWI of the SEI and the SW4 of the NWI of the SE -41 of Section 1, . T21N, R3-'. M.D.B.&M. 9. Access route to Operation Site: Access to the.operatio.n site will be via.Dry Creek which originates at Mesilla.Vat y Road approx. 3/4 of a mile west.of Pentz-Magala-Hwy.. Dry Creek Rd, is a 60ft. wide easement surveyed for the previous owner. Mr. Edward Blum and is recorded_'in Record Of Survey, Book 54 Pages 31,32,33;and 34., 10. 'Locati:ori and Vicinity Map: Fig. 1. General Area Map. Fig. 2.. •Vicinity Map. DESCRIPTION 11 Mineral Commodity'to be Mined: Gold deposited as placer gold will be the principle .commodity to be mined. Some. incidental gravels may. be removed. 12. Geoloptic Description: The geology of the Blum or Lyte.Placer is relatively simple as compared to other placer deposits. (Plate Bedrock .in the area consists of undifferentiated Paleozoic Calavaras Formation which on the Blum pro- perty is dominated by slate. The slate varies from black in color to greenish tan in the more weathered portions. This slate is very tight and forms a dry and solid base for the placer gravels contained in the antient channel.. Directly overlying the Calavaras Formation, where erosion has-no.t removed it, are the gravels which make up the Blum Placer deposit. This ancient channel has been nearly removed by.erosion over the past 30 -million years.so that. all that re- mains is the deepest.portion of the old river channel. Gravel remaining within this old channel are from 8 ft. to 20ft. in depth. Width of the old channel remaining is up to 400 ft. in width. Past erosion has left little or no overburden.on the,..gravels of the Blum Placer deposit and only a thin soil cover up to 2 ft..thick needs be removed in order to mine the gravel.. Lying above the.Blum Placer gravel, in. stratigrafic sequence, are the fine grained gravels of the New ErF_ Formation. 0:hese gravels were laid down on bedrock after the erosion of most 'of the Blum Channel and at one t-imecompletely.covered the gravel of the Blum Placer deposit. PARA sE >-v�-•L-•�.+�-+-�•��I.r-4_ .. .- '.1 _-_�,.t_.•i_L� t—r•F-!-.�.} L-1..,1...- i.. -.�1 �-. {...i-_+.•..�. .+-.... .,-}._:... .. _._.�. .. _.. ._. - 1•1I1. i f i #:� 191�j�.�-1. }-••l ,• r • �, ` t 3 F L`' t I ..�_ 'a _ _.� i •+ , �} ?-.. t 1 f _ �,t .i ` I,/0 J. IT �..;...�. .t,...h.,.l._.�q..�v.l._._y.w•� ,�.a , 1 ..j,... -.»,.r..}. ...,,.:t...R„ ,►�t.;�.,.�...-.�.4.: --� 1.- t ,r< ; , . . ,w, y ;�..�...r..+��..,._� �..,..-.T...,. «.-. _..� .. _ ,t..,l...r_y--�. t •, .., r..t-..-4 - r fi. r...� j. / ! ... .... , f 1 ! , 1 .r 1 LEGEND• . �j, PRo�ec•r'P,eop6RTYt r.�+..-�.� T -,•i �. - 00 r�, i b/ger .eu•vns, ; ,u. , i- � . � .. , GirmRAL AREA �i9P 1 O , 5000 10,000 rS, 000, Fee. a_ Sc .94X 95 71, r II �J .1/J • ,('!I�" . •'� II •i - ::4 . 1 "I :Y $yra9 wl 1,16626 .26 x1586 l • I �.� i S�'I I �P •/ rL-- — --y-- 1= ---- -1 — --- f Yti/ /503 + �( 6/ Kunkle .. er r �� �`� ` �� .y I .-�✓ i 8W ow i �1 r ; -_' -'-• - ,71 717. Parad6sen :� Airport \ 1 ri. I N skyparl� v i n � � W ,,A 4' •1 } `Mine %% 1'I i. n 7-7t ., 1 I Fig. 2. Topography of Blum Property 8 The New Era Channel was a WSW.flowing river the deepest portion of which passes through Dry Creek south of the Blum Property. The New Era gravels found on the Blum. property are therefore; gravels which formed the extreme shoreline of -the New Era River. The New Era gravels found on the.Blum pro- perty carry very fine-grained gold, but are sub= economic. in grade. I Overlying the New Era gravel �is a series. of volcani_,cs which make up the Tuscan Formation. The Tuscan Formation consi.s.t.s exclusively of interlayered flows and gravels of volcanic deri ative. These inter - layered gravels form aquafers from which springs originate. These -occassiona springs can be.seen 50 to•100 ft. above the Blum.iPlacer gravels. 13." Environmental Setting: The.subject property is.localed near.the head of Dry Creek Canyon and at the end of Dry Creek Road. Elevation on -the property varies from 750 to 1200ft. Topography (Fig. 2) is a mixture of gently sloping sidehills covered with clumps o.f .conifers, oak, and brush and fairly flat, open.grass covered meadows. Areas off of the property consist of very steep canyon walls. covered with conifer, oak and brush on the east and west;,some.what steep and brushy slopes an the north and a flat steep walled canyon to the south. Bordering the property on its south end is the closest residence belonging to a Mr. LogF_n. The nest closest residence is. approx. 1 to 12 mile down. Dry Creek with the next closest inhabitants being along Pentz-Magalia Hwy. on top of the canyon ridge to the east. It is understood that Mr. Logans property has been permitted for mining and that an operation is. planned for the near future. Soil in the area of the Blum.Placer.is up to 2ft. thick, has a v.ery.high clay content. derived from the alter- ation of the volcanic debris which makes up the soil. At the base of the soil is a-very-impermiable clay layer, 6 to 8 inches thick, which i.n�turn sits directly on top of the gravels. This clay layer is most likely the result of a thin ash layer which was layed down during volcanism and has since altered to its present -form. During trenching of the Placer gravel for testing purposes no active groundwater aquafers were encountered. The water which was seen in the trenches was somewhat sour and stagnant. This represents non -flowing trapped ground water which probably.evaporat.es during the hot part•of the year.. This stagnant ground water was located on.. the most past in the fine -grained -sediments of'the New Era Formation'. Indications of placer mining over the past 1.00 years is Pidenced by.tunnels and dum s, excavated pits, large tailings ponds and steep.hydrauliced faces the latter of which can be seen downstream from the subject property. Dry Creek flows through the property and undoubtedly contains wildlife habitat alon.g.its banks. In ordEr to minimize:.environmental impact of this habitat it is planned' 'to leave a 10 to 1'5.foot greenbelt along the banks of.the creek. Tho�area to be mined has .mostly open meadow with some. ,small oak and brush clumps. However, there are several large pine trees growing in the area to. be mired so in order to help preserve the esthetic value f the area after re- .clamation.it is planned to.1 ave thes.e large trees .undisturbed. PROPOSED.SURFACE'MINING OPERATION 14.* Schedulirig: Proposed starting date of operation:. 15..July 1985. Estimated life of operation: Five years. (This is based on a single shift operation. Life would be cut in half if double. shifted.) Duration of first phase.:. Minim once started will . be contind-ds . 15 '00eerat.i.ori Stat:u.s The mining operation will be continous during full year. 16. Size of Operation: 50,000 to250,000 cubic yards per year. 17.'Tota1 anticipated Production: Mineral commodity to be removed: Waste retained on sight: Waste disposed off sight:. Maximum.ant�gipated depth: Placer.gold, undeter- mined amount. All, except for in2id- ental gravel. Incidental gravel moo. be used for road sur- faces. To as:deep as 18 feet. 1% 18.- 'Mininpt`Method c. Removal of soil cover and storage in windrows for future reclamation. Soil will be removed from gravel ahea3, for one weeks production. Underlying gravel will be removed via pia method using front,end loaders and --on- veyors for transportation to processing plant. App --ox. three weeks production of waste will be stored prio, to the beginning of backfilling. This will allow suff-tient operating room in the pit for the equipment.. 19. Process ii iQ. Des:crap.tion..'anid Disposal Methods: Processing will take place ad{�'acent to the- active pit.* The gravel mined will be passed through a cylindrical scrubber called a trommel which washes all dirt, sand .and clay from the large boulde.r and,.gravel thus freEing. any free.gold which.may be attlached. At the end of this scrubbing cylinder therelis a two.laYer screen which classifies the feed to size. The -2inch material passes through the screen and over.a sluice which cal- le.cts gold v.ia. gravity methods. The material passing through the second screen is +2 -12 inches. This gravel passes over another -sluice which acts as a nugget trapland will. trap any large .pieces : of . gold. The plus 1 z inch material passes on through the trammel to waste. Settling ponds will be constructed in such a manner that suspended particles' -are -settled outwith the water being clarified and therefore, reused. The water syatem is actually a closed circuit system with only evaporated. water needing to be replaced.. (See Plate 1). The waste material will.be used as backfill during the ongoing reclamation of the mined area. 19b.' Water requirmerits and use... The excavation.process do.e,s not require any water use. The processing plant.receives water in a closed-circtit process water cycle from the sedimentation pond cir- culating approximately 270,000 gal per shift. Make.-Lp water, approximately 15,000 gal per shift, or less de- pending on temperature and humidity, will be taken from Dry Creek. Water.quality requirements within the sys- tem are minimal and sufficient clarification takes place in the settling ponds.:: Three ponds are planned- for lannedfor this system with'a fourth pond which will be kept dry and used only as an overflow pond in case of an unusual amount of rain. There will be tw-o 300;000 gal. ponds and one 20,000 gal pond for water clarification. The over flow pond will be approximately 200 000,gal. No water is.!d'ischarged into Dry Creek from the mining process. Water quality of Dry Creek to the south of :,he operation will nW be effected by the operation. i .. 1 1986 �/ i. • ° i �:_E..... L . 1985 � • .. ° . / ouruna os AlZeA TO be mfot { FeA 1988 I , — oeir C,eE'r4 C-",ry OACI.T. �, • 1 e .TTI'i^ 100, - �._�, 000, ' I � x X •t.• � —' Q�gKT �' Cp•�O St� - �.RsT 7a yQ Yticlatu.¢d , O.vT.veE ��AaaP ie 6t�s►�n�c�is./i¢CAA$M•Co� DlrtcT)cc4 oSMCAlAq Qooctsss •• /� yir • • VA�J..— $ackf�l/c� L¢✓a�i.� rm�sw/ a�+wGa�aodsos�s� . Mil- - AAaSdit O vwl - Sc.o,c,B " �— COY ��6�� saE6a BsLT 20. M rii. Ph.ase:s 'arid Recl.amatiori. Ti table: The nature.of this placer mining operation is such that concurrent.reclamation fits in very well: There will be an approximate two month lag before. backfilling and reclamation can start. The reason for this is the need for room in the pit for equipment. to operate,' Topsoil will be initially stripped and stockpiled'from an area large.lenough for one weeks production. As the pit area enlarges stockpiled waste will be returned to.thelpit, leveled and the stockpiled top soil spread back over the area. As a large enough area -is backfi led and.levele.d the area will be seeded and sprin le irrigated so the seed can get good germination This process will follow the mining and will be,continuous with the mining. There will be a stockpile of waste present until the deposit is mined out at which time this stockpile.will be used to finish the backfilling and reclamation. Please refer.to Fig. 3 & 4. The.steps involved are as follows: 1. Strip and stockpile topsoil one .weeks pro- duction at a time. 2. Mine and process the.gravel. 3. Start. backfilling of pit with .waste when pit Js large enough to allow equipment to operate. 4. As pit is backfilled, level and spread stock= piled topsoil. Smooth, seed and.commence irrigating. 5. Continuation of above -steps. 21 .' Attach map 'of mined larid.s showing: (a) Bouridaries'and .topographic detail of site; Refer to PLATE I. (b.).'Locatiori.'of all streams, roads railroads,' water vi.ells," and :utility facilities within 500 ft. of .-s i+_. e.; Refer to PLATE I: (c) Locatiori-ofall currently* proposed'access'roads to be ddnstriicted in 'coriductini .the sLirf sce min- ing operation; Only one haulage road is planned at this time: This road is shown on PLATE I.. Pit haulage road -3 will change, continuously due to the advance of tae pit, backfilling and reclamation. (d) 1.66atid6: of. areas to be mined 'and waste dumps; Refer to PLATE I, FIG..3&4. (e)' 'Mininj�Phases; Refer. to FIG. 3&4. (f) 'Source. of base 'map ans scale; Map base is blow up of U.S.G.S. 7.5 Minute series, Cherokee Quad. Scale of blow up is .1 T'=2.00' IVECLAMAT.ION :PLAN - 1% 22.' . Map 'of :Area'to be. Cover.e:d by Recl:amatidn 'Plan. Area to be reclaimed is indicated on PLATE -I, and FIG. 3&4: Acreage involved ............. .18 acres.,total. Excavation 'area..'......... 16 acres. Operation ar.e'a............•`. 2 acres. 23..' Ultimate h 's.i.cal" c:oriditiori arid: r.o: os.ed or oteritial uses'of 'mimed :lands: as reclaim: d. The ultimate -physical condition of the reclaimed land will be not.unlike. it is prior to mining and reclama- tion,. The majority of the area to be disturbed is presently open.meadow.- The remainder is clumps of small.oak and brush. The'larke trees which now present will be left in place. The final reclaimed land will be open meadow with several large trees. Potential uses of the land would be agriculture, graz- ing.or it could -be sub -divided and used as residential. acreage. 24.: De.s:crib:e relat 'arid 'the. iii mate 'uses other 'than 'min - 1' coxiditiori to: (a) Zoning requlations., (b) General.plan and plan elements. There is no planned interim uses during.the mining program 25.* EVid:erice 'of own6r'. 'notification. Property owned by Karmela Minerals, Inc. 26.' 'Describe soil "conditions arid proposed 's.oil salvage'plan. Present soil covering the placer deposit is up to 2t. thick. Itis a fairly dense black soil with.a very high clay content. When wet.it is extremely sticky and tends to drain poorly. This top soil will be stripped and placed in windrows.for ease in-replace.- ment during the backfilling and reclamation stage of the opereration. When backfilling the mined pit the .material will be.replaced as close to possible to the way it was mined, i.e., corse material on the bottom and finer material on top. When. this backfilling is complete.and leveled the stockpiled top soil will be spread.. TQ....finish the surface for seeding the area will be diii6i harrowed and seeded. Outcome should be a better draining soil than at -present. 27.'Describe.methods, sequence and timing, and end state'of reclamation. j (a) Backfilling and grading Back.filling.and'grading will commence approx. 45 days after production commences.. The backfilling will be done with loader and Caterpillar tractor. Corse material will be placed first with progressivly finer material towards .tho ,top. When an area of about.one acre is backfilled and leveled the ,stockpiled topsoil will be spread, disc, harrowed andeeded. This process will be..continous and wA l basically follow the mining program. Na.Aural slope contour.will be followed as closely.as possible. .(b)' Stabilization of slopes. Slopes in the area to.be mined 'and reclai-ned are very gentle so there will be no problems with.slope stability. (c.) Stabilization of permariarit `wa:ste 'dumps,'tailings. Under our-plan of operation there will be no: permanant;waste dumps or tailings left. (d ). R.ehabilit:atiori 'of pre:-mining draina'ge'., There are only a few places where drainage- across the mined and reclaimed area occur. These are small drainages which carry very little water-during extremely heavy rainfall. These drainages will be replaced and lined with clean cobbles and gravel thus forming, as close a.s possible-, a normal stream bed. (e) Removal, disposal, 'or.:ut.ilizat.io-n of residual equipmeri,t, structure refuse,'etc. All equipment, structures, refuse, etc, will be removed when the mining project is complete. (f) Control .'of 'contam narits.,. especially with regard t.6 surface ruwioff and ground water. No chemicals are used in the washing and geld recovery process. Fuel tanks will have dans constructed around them should a spill occmr. Waste oil will be kept in barrels and hauled to a proper disposal area.off of the property. (g) fir,eatmerit of. -strea.mbeds and 'streambariks to con-'eros'ion and sedime'ntat'ion. There should. be no necessity for streambed or streamband.treatment becouse of the area wlich will be left undisturbed along Dry 'Creek. Should there be a need for• treatmer_t,. clean.wa-s-hed cobble and gravel can be put in place to prevent-.erosion. h%R e'ff o`V 8C I 'c'ir' 'min,*imitdtioi�i %residual hazards. Any possibl residual hazards will be remcved.. There does. -occur on:the property several open tunnels and sha �fts left from •past min- ing operations. Theise.tunnels and shafts will be filled in *or covered.when the mining pro- gram is completed. (i) 'Rds'.dilin,. 're.Ve'�itdtidrd with 'evidence 'that '.s'.6lec- 'te'd ".-plants. 'can" 's'urvive '�iveni the 'slt'e's topography, s,611 'drid -climate. Gra-ss seed will be a mixture of the following which has beenrecommendedby the U.S.F.S. on other revegitationrojec ts areas very similar to the subject proqrty. Species 'Pdurids'/A6re Akaroa Orchard Grass .7 Oahe. Intermediate or Pube.scent:Wheatgrass 14._3 Durar Hard Fescue. .3 Sodar.Streambank Wheatgrass 3'.7 19.0 Naturalrev ' egitat-iori will also occur as evidenc6d by old pits and which are completely overgrown with various kinds of-brushand grass. 28. Short, 't'e'rt ''pha:sIng. '.of re'.cl'ata't'Lon. Reclamation will beginshortlyafter mining commences and-will-contionue as mining progresses. 29. ' De*s'c'ribe.'how,r.ecla:ma:,tlon of. this. site iri this mariner may affect future'.`niiriihg at. this '.site in the s'l-r- 'ro'uridin� area... Mining and reclamation of -this -site will prevent any future mining of this site. The reason for. this-is.the.fact that once the mining project is completed there will be nothing left to mine. As far. as this proj.ect having an affect on future mining.in.the surrounding areaitwill have no at all. 0A: o I Yt SB r ifi.aAwr LA d7 LOr p,r r LOI! qqtt 60Ae. qo'� • � ss •' I/e.�rfr 1•�NQRA . . 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E nao 41� MESIRWO 8'ait, ;iiat0E, P?ID 46l VA TO P, d ai­ le, M OF— DATEPDATE T I NONE Tel4ephned Please Coll ED Was In Returned Call 4) 3 El Information D.Will Call Again El Wants to See You Note and El Reply Comment EJ Re-route ❑ Signature Investigate ❑ Return ❑ Approval D Contact Me ❑Fi I. Ej Forwarded Per Request MESSAGE:,6 j-:, OA, r 1_3 Visited Site, no work, nonmoving equip. on j 1". . 8/4/86 Joe Wise Pres. Kar e'la"Minerals called and said they weremoving ai 14 ' m I I of -Black Go's Trk. i ( out and would be moving their ownldequipmentequiinPinment - about 2 or 3 weeks. tr.- �� �IMPO, ABUT MESa�A'GE� "' r. FOR• �;,. ~ DATE 'TIM��. M . PHONE AREA CODE. '. NUMBER _ EXTENSION. Wi-� r�P,t,,�IE.�ArFS.tE� CAME TO SEE YOU Mll MULL CALL AGAINr 1NANTSTO SEE YOU ��1��. �s x Z.F.-. RETUANEOYOUR GALLi nPECIALNATfENTION��� NOTES' �1< , ORTAIi1T= WFESSAGE FOR DATE /TIM 1 P.M. 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(512) 339.0781 GREG MILLER I COUNTY OF BUTTE i 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965 DEPARTMENT OF PUBLIC WORKS August 23, 1995 The Messilla Valley Citizen's Committee 3019 Messilla Valley Road Oroville, CA 95965 Mr. Mike Crump, Public Works Director Department of Development Services 7 County Center Drive Oroville, CA 95965 Dear Mr. Crump: I am writing an behalf of the citizens of Messilla Valley and Dry Creek Roads, Butte County, Oroville, California We are deeply concerned regarding the Blum property in Messilla Valley, comprising 109.12 acres at the extreme north end of Dry Creek Canyon 1 This property contains the East and West Forks of Dry Creek, a year round stream that drains the Messilla Valley Basin.2 It also contains stands of virgin cedar, pine and oak It was purchased by Karmela Mining Company, a Nevada company, after Robert Blum s death and has been mined on an individual, °'small scale" basis during the dry months.3 The property has now been sold, and the new owner is proposing expanded mining and development, which raises the issues of water diversion and decline in duality, deforestation and road changes. We do not believe we are being excessively apprehensive regarding the future of this property and the impact it can have on Messilla Valley. After all, we are the recipients of a "settling pond" serving a development of 54 home sites above the valley floor and narrowly escaped _yet another development complete with casino. We have consulted together as a community regarding possible problems arising from the Blum parcel sale and have decided to present a list of concerns to our Supervisor, Ed McLaughlin, and relevant State and County offices. The following is that list: 1. Water Diversion The deed to the Blum property carries with it the rights to "...200 California miner's inches of water from the creek";3 calculated conservatively, that is equivalent to approximately 5 cubic feet per second or 2,250 gallons per minute or 135,000 gallons per hour or 3,240,000 per day, this gallonage exceeds the entire flow of Dry Creek 4 In 1962, a major problem arose in Messilla Valley based on water. The Fox Ranch diverted more than their allotted share from Dry Creek leaving residents downs ream with little or no water. Leland and Leah Martin, owners of Lucky Seven Ranch, took the matter to court The court appointed a referee and an in-depth study was done of Dry Creek and its basin. It was found that even without diversion, the creek was unable to support alluvial wells and small pumps in the summer months. A table of allotments was drawn up, and the valley residents were given residential, domestic animal and irrigation portions.5 Most of the community still relies on this apportionment It is interesting to note that in a year of record rainfall, several of the domestic wells in the valley are now dry, even with springs, alluvial and deep wells, people are having to draw from the creek. Lucky Seven Ranch is again low and very concerned about any development, wells, water diversions, etc., upstream which would finther deplete the flow downstream to their grazing lands and cattle. With the headwaters of Dry Creek, i.e., the East and Test Forks located on the Blum parcel, Wstream from all other valley parcels, and given the amount of water deeded that parcel, it would be foolish not to rank water as our number- one concern. 2. Road Changes: The new owner is proposing reopening the north end of Dry Creek Road to gain access to Paradise. This route is the original stage route and has been closed for about 85 years at the Paradise end; reopening the route would make Messilla Valley Road/Dry Creek Road a throughway and create the ingressfegress required for a development We are already experiencing "wear' problems on the paved sections of Messilla Valley Road due to the diversion of traffic from Highway 70; subsequently, we are deeply concerned as to the impact of through traffic on Dry Creek Road, which is a dirt road with many areas too narrow and precipitous for two vehicles to pass each other. We feel this is an inappropriate locale for a through access to Paradise and would create other hazardous road conditions for residents of the community. Both of the roads, but especially Dry Creek Road, have suffered due to the movement of heavy equipment used to maintain the upstream mining operations. Only one minor repair has ever been made by these individuals, and valley residents have had to buy their own roadbase, use their own equipment and time to keep. Dry Creek Road in passable condition; the residents have also had to repair or replace culverts collapsed by the weight of equipment passing over them. Subsequently, it is felt that if Messilla Valley Road and Dry Creek Road are to be used as a through artery, the owner proposing development should be required to post a bond to ensure the burden of maintenance does not fall ypon the valley residents alone 3. Fire In June, 1992, Messilla Valley experienced the "Dry Creek Fire". For five days, borate bombers, helicopters, and hundreds of firemen and convicts fought a wild fire moving up the canXon toward Paradise. Thee ole of the creek became vital as water was pumped into the Chopp pond, a CDF-designated`fire abatement p'oad,6 for the helicopters to scoop up; the only other source of water was Lake Oroville. The short turnaround time from pond to fire saved at least three homes in the valley, as well as hundreds of acres of grass and trees and halted the fire's advance toward Pentz Road and Paradise. Dry Creek is and continues to be absolutely necessary to the safety of the Messilla Valley community as well as to Paradise and its residents. Without sufficient well water to protect ourselves from wild fires, we depend on the creek to supplement what water we have_ We reiterate what we have stated before, a development on the Blunt parcel which would in any way diminish the flow of the creek would 'place the rest of the community downstream and the canyon above in a very, dangerous position. 4. Deforestation and Erosion: Robert Blum, whose family homesteaded the Blum property in the 1550's, and who remained resident on the property until his death in 1971, remarked that "...Dry Creek didn't rise more than 2 feet in winter before development'began in Paradise." The resulting loss of ground co=rer has caused the runoff to increase each year. Dry Creek is the main watershed for the southern slope. Its ability to channel properly: is being severely impacted by continued development in Paradise, upstream mining , denuding caused by the Mountain Oak Development to the east on Pentz Road, and the. "brushing out" of home sites on the lip of the canyon along Pentz Road. During a normal winter, the creek can rise more than 12 feet per hour duelo runoff and recede just as rapidly as the upper canyon and Paradise drain; erosion has become.a serious problem.. The stream becomes heavily silted as the result of water:pourirag across the Melds and ove'rthe canyon rim Large areas of creek bank are losiugsoils and grasses leaving only �arerocks; this causes undercutting.and'the collapse ofmaturre trees which hold the ground_ The situation is only going to worsen as development on,the ridge and along the canyon continues. The residents along the stream are under severe restrictions as to measures they can take to protect the integrity of the stream and their Property. We feel strongly that any proposed development, "brushing out" or expanded mining upstream should be carefully planned and monitored by designated } State and County offices.. We also feel the any damage caused downstream by development, deforestation and expanded mining should be the direct responsibility of the individual's involved in these activities. In summation, we do not wish to present ourselves as "anti -development". What we do -want is to be consulted and'considered regarding any plans which would affect our valley„community..We are well aware of the price of ignorance and non -participation Mow fig ure; too many communities have paid it • • We request that this document and its attachments be placed in the Planning Department files, and furthermore, that we, as a citizen's committee, be promptly notified of any proposed developments, water diversions, road changes, lumbering or mining expansion in Messilla Valley. We thank you for your time and effort Sincerely, The Messilla Valley Citizen's Committee Name Address 5— S cc: Supervisor Ed McLaughlin Stephen Lucas, County Planner Stephen Hackney, Associate Planner Steve Brown, Fire Warden James Broshears, Division Chief, Paradise Fire Department Ron Dykstra, Water Resources Control Board, Redding, CA Attachments 1 Map "A" 2 Flap "B" 3 Deeds 1 & 2 References 4 "Water Measurements -$y `volume" Handbook of Water Control, .Arco Drainage & Metal Products, CALCO Division, Berkeley, CA 5 Report of Referee, Dry Creek Reference, State Water Rights Board Referee, 1962 6 CDF Fire Abatement Pond Letter 0 Z I,"., NoliAN Loan No. WHEN NECORDED MAIL TO: John. R. Hansen Jr. P. 0. Box 7986 Bo!.se, Idaho 83707 SPACE ABOVE MAIL TAX STATEMENTS Tt.. 106-42530 L f i E COU1 JTY, Gµ, �, i) E R'.',* C, 066 UEC - I PH I: 20 R�CQRDcD A` I;f`QUE$T OF FEE __ SG -42530 INE FOR PEL.ORDER'S USE D(pNENTARY TRANSFER TAX--- ... Computed on the consideration or value o1 prosienY conveyed: OR ...... Computed on the consider• :eon or vatus leu Ileus or encunebrances remaining at time of sale. / If a1d�A�nt or Aaemt desermin ne sae — P erns Neme GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, KARMELA' MINERALS, INC. hereby GRANT(S) to JOHN R. HANSEN JR. Trustee for investors is Dry Creek Project the real property In theXX(*XQiX unincorporated area County of Butte TRANSFER TAX PAID Pages State of California, described as PARCEL I: Lot 2 and the Southwest quarter of the Northeast quarter constituting the West half of said Northeast quarter of Section 1, Township 21 North, Range 3 East, M.D.H. & M., and all improvements situate thereon. Togother with one-half mile of ditch and a water right of 200 miner's inches of water, flowing from the creek. PARCEL II: West half of 'cleat half of Northwest quarter of Southeast quarter of Section 1, Township 21 North, Range 3 East, M.D.B. & M. PARCEL III: East half of West half of Northwest quarter of Southeast quarter ofSection 1, Township 21 :forth, Range 3 East, M.D.H. & M.t Northeast quarter of Northwest quarter of Southeast quarter of Section 1, Township 21 North, Range 3 East, M.D.H. & M. Deted_1Io.v_amhar 25•.-1926— STATE OF CALIFORNIA lotCOUNTYOF _----- On------ bafrre me, the undersigned, a Notary Public In and for sold State, per• wrtatly sppeared._— personally Mown to me for proved to me on the basis Of aalufaclory evidence) to be the person(s) mesa namels) Is/are subscribed to the wllhln Instrument and acknowledgod 10 me that he/ahn/they executed the Mme. wITNESS my hand and official seal. Aignatura . .—_.KARM�LA..MINERALS....INC............... ... . gyp P. WISE Prooidont Ithu nu lar olhmal nulu sal udl ATATF,OFCALIIFORN1A Onlhlx_ I Sr _dnynf__ ECS/r.tS[it�...__.__.inlhvyeurnnl' COUNTY OF_b,i1/11E thouxand nine hundred and .�l_G.ff.t txbofilre mc, a Nobiry Public, slate of CallfanilR, C" dui cammis0 oneratiff mwarrl, 1wriconallya tl1j/Inl �� known t ►� fa mo folio the __�CI . /�IL,v%.__.__ _...__ .-._ nrlhe /rlrlmrnflrrn OFPICIAL SEAL described In and flat execufed the within Inmfrualeaf, wad alma known In Ln LFfANNA K WILSON NOTARY PUOUC • CALIFORNIA mo In he Ifie person .. -._.__ who virevofed the within Iamfrunuulf ua !x'half ty o 011111 COUNTY of the corlxlraUun therein naau'/l, and ocknliwledged to me flwl much My comm, eaplar D1f 12, 1990 cnryxlrallnn executed the mamr.._ ................. ..... ..._.. . 1N WITNESSWfIF:IfKOP hnvl'hernwlfnmetmyhnndruldnllixed myntllcfalmenllnflit,re t/`,zdbIsar. vouafYaf Zcf?"r .. 11wl t�lw,rtiryrwlkrT Mrr�nwlrrinr��rr4„rw n vryMrVnrr,.�rl+rYln rr,wy M.1� mrm M„nMIWM.I nm ,___ _._ tlll'd11Y n1J YI'llr lit Ifilm ver41f1 •ife rxhilmlvewritlen. 1 J MAm1A4 N/IN rM�r1I.MY/rr/ Ih1eAANwr,M.�rrrmMr r+q wVYeI �•� A' K IF ry ( ` •l -(y I/ wOW rIIII�rW IryAnI r�Y,UrM(1/rlrirl,IYry11,Imrn,M pr �.Ar1,NIr/ i`Ill/lry 11llblll•, ,State l r-oolifor-11111 mrY o •✓Yr/Iprl,/t lrrrMY.IIri Co%dorysForm No. 2H—Acknowledgement 41 roalnlimmlonexpirl'm �F�.... CorporllUnn IC. C. Herm. 11110.11110.11 ENO OF DOCUMENT #94540 DS AP#41-08-0-008 WHEN RECORDED,, MAIL TO: Roger W. Jeppson, Esq. Woodburn, I -ledge, Blakey P.O. Box 2311 Reno, Nevada 89505 Pogo �*�) and Jeppson GRANT DEED 31-10443 U; R(It"l RL-iARDS BY M!D VALLEY T!TLr CC) 1981 MAY 20 PM 3. 18 CANDACE uiiUBBS CLERK -RECORDER FEE4 87-184,13 FOR A VALUABLE CONSIDERATION, receipt of which is -hereby acknowl- edged, KARMELA MINERALS INC., a Nevada corporation ("Karmela"), hereby grants an undivided sixty percent (60%) interest to MENORAH, INC., a Delaware corporation ("Menorah"), and an undividec forty percent (40%)'interest to John R. Hansen, Jr., a married man, in and to the following described real property: PARCEL I: Lot 2 and the SWI of the NE} con- stituting the W} of. said NEI of Section 1, Township 21N, Range 3E, M.D.B.&M., and all improvements situate thereon. Together with one-half mile of ditch and'a water right of 200 miner's inches of water, flowing from the creek PA.?CEL II: W} of W} of NWe of SEJ of Section 1, T21N, RTE, M.D.B.&M. PARCEL III: E; of W} of NW} of SEI of: Section 1, T21N, R3E, M.D.B.&M.; NE} of NWI of SEI of Section 1, T21N, R3E, M.D.B.&M. Each of the above grants of Parcels I, II and III, includes those materials sometimes called "minerals" which have value chiefly because of their geographic location. As an example and not a limitation, sand, gravel and clay are included. Each of the above grants of Parcels I, II and III, excludes all minerals or mineral products, whether liquid, semi-solid or solid, which minerals or mineral products are valuable for their mineral content. As an example and not a limitation, oil, gas, salts from brine, gold, silver and lead are excluded. FURTHER, Karmel.a hereby grants an undivided thirty percent (308) interest to Menorah; and an undivided fifteen percent (158) interest to John R. Hansen, Jr., a married man, and reserving unto the Grantor an undivided fifty-five percent (558) in and to the following described mineral rights: Paa� ,. ,fit 9J'�"_n4��R!, 8 77 184 43 PARCEL I: Lot 2 and the SWI of the NEI con- stituting the Wi of said NE} of Section 1, Township 21N, Range 3E, M.D.B.EM., and all improvements situate thereon. Together with one-half mile of ditch and a water right of 200 miner's inches of water flowing from the creek. PARCEL II: Wj of WJ of NWJ of SE} of Section 1, T21N, R3E,.M.D.B.&M. PARCEL III: E3 of Wi of NW} of SES of Section 1, T21N, R3E, M.D.B.&M.; NEI of NW} of SEt of Section 1, T21N, R3E, M.D.B.&M. The term mineral rights" shall mean all minerals or mineral products, whether liquid, semi-solid or solid, which minerals are valuable for their mineral content. As an example and not a limitation, oil, gas, salts from brine, gold, silver and lead are included. Grantee shall have the right to mine, extract, remove, process or�transport such minerals or mineral products from the property without any obligation to pay any moneyto theinnon-mineral owner for any reason whatsoever, including, withoutuse of or damage to the.non-mineral estate as a result of the mining, extraction, removal, 'processing or transportation of such minerals or mineral products. On December 1, 1986, a Grant Deed from Karmela Minerals Inc., a Nevada corporation, to John R. Hansen, Jr., Trustee for investors in Dry Creek Project was r•:corded in the Office of the County Recorder of Butte County, California as Serial No. 86-42530. At the time of the execution, delivery and recordation of said Grant Deed, the corporate charter of Karmela Minerals Inc. had been revoked by the Secretary of State of the State of Nevada for failure to file its Annual List of Officers, Directors and Agent and to pay its annual filing fee. On February 13, 1987, the charter of Karmela Minerals Inc. was reinstated by the Secretary of the State of Nevada. This Grant Deed is being.executed, delivered and recorded as'a replacement for the earlier Grant Deed. DATED: }��•«/' �L , 1987 • KARMELA MINERALS INC., a p1evada corporation -2- By4bO, 4-, ein ebe Secretary/Treasurer 8l- 1 8443 112 STATE OF IV&-107�/a . ss. COUNTY OF Ltlt15 qc,t ) On this �6 tA day of m,pi2c1/ , 1987, the undersigned a Notary Public in and for said State, personally appeared GARY J. STEINGREBE, known to me to be the Secretary/Treasurer of KARMELA MINERALS INC., a Nevada corporation, the person whose name is subscribed to the foregoing instrument, and, being authorized so to do, acknowledged to me that he executed the same en behalf of said corporation. NOTARY PUBLIC ,,,,,,., ... NYHOLI•A LAURA L. jj Mtyry PubllC - State of Novedu wm-a Cwr+Y pins J� r. i"D my MENT -3- _ �........,._:..<-....,•-.+•.,•.rwrosm�r•+*Mr}��.+r�,i!wvR!T7/ro4►yR�trJ�'RRJi/�S1R'.�L�:Kw.+PY17�Rin�OG7�d�Itarv4�Da'AsaEaex�rt.'n•mrs�rtCrt�:J!-s,�issr�.vrv^aazeevnnv.�^•w�u•r:..�••,:,e..,:..... ,..—._ 11 59 r /f*.JtA. �fNh BS Lor �a Y LOI/ 44 80A<. R . xQ 0' • N LOl.!lAi. I , O ' 4bAc. 9/ k_ 537 ® r i 1 ror.eAe. IA • l s AGM © Of Jzo•sAc. a 464Ac. A 29OAc. a_ .� �•. P I6 I a ez' �u 40Aa aOAc. K 4 AC 44Ac. IJVAC. 24r5At. M.eAC jp40 6 .. 3 ScAoo/o VZS6 Ac. _ •' jt fl AC P •o.otA. ® 1 0 n 4/ 4e.efA. < Q W t ,9 40 Ac 110 ovallps., I i` -^:t I a.. 42 o r , 65 E� 2 ! 20 cene/e•.• o At.� — — — -- -_ 2i etOAe n / �. 43 ' Asses�j b`r s ' ljo ~ •0.A% 3.11 Nr-AS!PARCEI EIOCK 6unty of Suite, e I 1 a= //ALFRED M. I ROBERT E. BLUM 2 A.E. M, H. GAUMER and a (( _/ I GILBERT> �( VIVIAN B Imo, _,t _._JERIKA M. ALMI GERTRUDE S. 1 (I Pipeline ORENDORFF I ------_- 4 l 05 �3�� I (� 1 I •�•:'I New Era Mine I A. ;7 5 � I 1 Ii ` II t 15 1 I dl , 0.d) I i+ ' LORAN R. 1 2_ // ; LOLA C. I( I SMITH � 1 1 6A PSP I ! I I t_r AKLt J E. ,, SYLVIA 1 I yp��l C) 0,ss:f"o •V f- + •• I,"w� r'=a `z�i.'' I[r _ _ � .. •S - �[f t... _ �� "'jam�L std �. t. '� •CLAY E. I T.: ANNETTE PETERS--- 8 Stream Gaging Stationjr 13 22 5 J 11_.R.�LEON R. FOX Q� •I 39' 10 o II L • 1 •,3,�r •r ; ±BUTTE CO 12A ., N., R.3E. M. D. B. I,M. P }�� 9° _ I u •5 `s, rte- KUNKLE 1` RES. C:1 � J '7' CHICO o O PARADISE PENTZ Y1 T. 22 N. t T. 21 N. AREA MAP rrJUiv 1 O OROV[LLE ter^ v POINTS OF DIVER ION < LOCATION 4., i — — M � Sand Pile Boundary ZX Secondary Roads _ M D m D M z ;r'o 1 � Ditches I l r O o= z vMU M U)� N N D CM I 1 a= //ALFRED M. I ROBERT E. BLUM 2 A.E. M, H. GAUMER and a (( _/ I GILBERT> �( VIVIAN B Imo, _,t _._JERIKA M. ALMI GERTRUDE S. 1 (I Pipeline ORENDORFF I ------_- 4 l 05 �3�� I (� 1 I •�•:'I New Era Mine I A. ;7 5 � I 1 Ii ` II t 15 1 I dl , 0.d) I i+ ' LORAN R. 1 2_ // ; LOLA C. I( I SMITH � 1 1 6A PSP I ! I I t_r AKLt J E. ,, SYLVIA 1 I yp��l C) 0,ss:f"o •V f- + •• I,"w� r'=a `z�i.'' I[r _ _ � .. •S - �[f t... _ �� "'jam�L std �. t. '� •CLAY E. I T.: ANNETTE PETERS--- 8 Stream Gaging Stationjr 13 22 5 J 11_.R.�LEON R. FOX Q� •I 39' 10 o II L • 1 •,3,�r •r ; ±BUTTE CO 12A ., N., R.3E. M. D. B. I,M. P }�� 9° _ I u •5 `s, rte- KUNKLE 1` RES. C:1 � J '7' CHICO o O PARADISE PENTZ Y1 T. 22 N. t T. 21 N. AREA MAP rrJUiv 1 O OROV[LLE ter^ NAMES & NUMBERS . OF DIVERSIONS I - Blum East Fork 2-Gaumer New Era - 3 -Blum West Fork 4-Orendorff Well 5 -Smith (PROPOSED) -6-Cooke Pump 6A -Cooke. Reservoir Pipeline 7 -Fox East Side Gravity 8 -Peters Pump 9 -Fox West (PROPOSED) 10 -Fox Pump II -Young Ditch 12 -Hill Pump 13 -Martin Gravity 14 -Martin Dam , 15 -Martin Lower 'HARLES T. STELLA S. HILL�.4'-U- p , .� 12 A. t 13. o R + 14 /s t!' �L J, i'IlPentz I 01 J , ILELAND J• /aB LEAH MA41N 15 F_ v POINTS OF DIVER ION < LOCATION MAP NAMES & NUMBERS . OF DIVERSIONS I - Blum East Fork 2-Gaumer New Era - 3 -Blum West Fork 4-Orendorff Well 5 -Smith (PROPOSED) -6-Cooke Pump 6A -Cooke. Reservoir Pipeline 7 -Fox East Side Gravity 8 -Peters Pump 9 -Fox West (PROPOSED) 10 -Fox Pump II -Young Ditch 12 -Hill Pump 13 -Martin Gravity 14 -Martin Dam , 15 -Martin Lower 'HARLES T. STELLA S. HILL�.4'-U- p , .� 12 A. t 13. o R + 14 /s t!' �L J, i'IlPentz I 01 J , ILELAND J• /aB LEAH MA41N 15 F_ v POINTS OF DIVER ION < m U) N� i — — M on Sand Pile Boundary ZX Secondary Roads _ M D m D M z ;r'o rn (D0 Ditches ODOr� Pipelines O -i Drn O o= z vMU M U)� N N D CM o a) Z M � - 0 rn o i 25 Plles J R.3 E. R. 4 E. L E G E N D POINTS OF DIVER ION Existing \� Proposed — — Property Boundaries Sand Pile Boundary - — — Secondary Roads ■ Houses 24 Section Numbers ____... Ditches Pipelines n.i n Irrigated in period 1956-60 ' Subject to Irrigation r D M "c `I f�,7� TQ I -In Inter-Departnmeptal t Memorandum 0 To: Auditor's Office - Attention: Jean-%'6in FROM: Department of Public Works - Land Development Section SUBJECT: Karmela Minerals DATE: September 1, 1989 On February 3, 1989, a check for $250.00 from Greg Miller representing Karmela Minerals was deposited in the Faithful Performance Trust Fund (F-1230) to serve as a bond to guarantee reclamation work at the mine. The work has been completed to our satisfaction and it is now in order for your office to release the deposit to: r Greg Miller 7701 Mullen Drive Austin, Texas 78757 Would you please forward the warrant to this office and we will send it to - - Mr. Miller with our letter of acceptance of the reclamation work. - WC: ss /C, File No. �• •`� BUTTE COUNTY (For Action 1, 2, 3) Public Works Dept. (For 1' Formation V ) Director Dep. Dir. Sec. Rd. & Br. Mtce. Shop & Yards Bldg. Insp. Admin. F Design Engr. Bridge Engr. Constr. Engr. Surveys Mapping T ran sp. Land Dev. Drng. /S.I. Sub. & Pcl. Maps Permits Addr. William Cheff -----. _- - Director -of. -Public Works - Butte countg LAND OF NATURAL WEALTH AND BEAUTY DEPARTMENT OF PUBLIC WORKS WILLIAM (Bill) CHEFF, Director 7 COUNTY CENTER DRIVE . OROVILLE, CALIFORNIA 95965 Telephone: (916) 538-7681 RONALD D. McELROY September 20, 1989 Deputy Director _ Greg Miller Re: Karmela Minerals 7701 Mullen Drive Austin, Texas 78757. Dear Greg: Transmitted, herewith, is Butte County Warrant No. 22.720 in the amount of $259.92. This is the refund of your check for $250.00 plus interest which you deposited with us in January 1989 to guaranty completion of the-reclama tion work at the Karmela mine site. Your cooperation in this matter has been- appreciated. - Very, truly yours -William Cheff -. WC:ss _ "Director of Public Works -Encl. /z_ --File No. • BUTTE COUNTY (For Action 1, 2, 3) Public Works Dept. (For nformation / ) Director Dep. Dir. Sec. Rd. & Br. Mtce. Shop & Yards Bldg. Insp. Admin. Design Engr, Bridge Engr. Constr. Engr. Surveys Mapping Transp. Land Dev. Drng. /S.I. Sub. & Pcl. Maps Permits Addr. i RIAL NO. 0 2 2 7 2 0 VENDOR T1 11 n A I DATE OF ISSUE n q /, d/ Q q PAID OUT OF FUND WARRANT NO. a7 7? A .0. OR .LAIM INVOICE OR DESCRIPTION GROSS DISCOUNT NET ACCOUNT CODE DEPT. SUB. PROJECT SUB -OBJECT FUND REFUND D7885 PRINC 259.9 .00 259.92 1001 280 1001 TOTAL 259.92 l"�'t? ' � •��; - a„J ��'�'. -a 4 �a t yWARRANT=0PSUTTE COUNTY 022720. SERIAL NUMBER .1157/843 r: VI LE RNIA �s �x G ORO L CALIFO zr a .r ..+'4- �.. i` � s;, k �,�` "•� .f. f � 1210 zc,� �� f.y �hi. �•*v � 1 � � r :t h P � a � r r� i�w` •`' u_'4 �1 a- _{-e+-„-..• r - fir- --:i � r'yA � ,�- t y' THE'TREASURER-OF BUTTE COUNTY WILL 1,Y '� ; a* - Y f '; `r_ t^ t PAY OUT OF FUND ' r�'WARRANT. k, - ,;.Y.a � r rw•Y \2 - .F r c h' -Y' A ` r c,. NUMBER y.-sem ..rte.. Z. zr 4j ; r r.r... Yom.. -f -r ',09/14/89 ' } -` 22720 +.-. �_ ii ...'., �. ._^' --.... a .. ..._ �.• -?' '•- �'-o"r � xi. r rr � ,THE SUM OF -*********259 92DOLLARS — =`�t *********259 92** r PAY TO „GREG MILLER ' _,7701 MULLEN DRIVE JAMES I.JoHAlvsElu --•��'AUSTINi, TX - _ AUDITOR-CONTROL'LER :.78757 VOID IF NOT PRESENTED FOR PAYMENT WITHIN SIX MONTHS PAYABLE THROUGH FIRST INTERSTATE BANK OROVILLE BRANCH, OROVILLE, CA il' 10000 2 2 7 2011' 1: 1 2 1000 5 781:6 4 3 598 20011' 27 _ File No. '��•_ �t BUTTE COUNTY (For Action 1, 2,3) Public Works Dept. (F ?,Plri ormation ✓) Director Dep. Dir. Sec. Rd. & Br. Mtce. Shop & Yards Bldgs. & Grnds. B'Idg. Insp. Admin. Design Engr. Bridge Engr, Constr. Engr. Surveys Mapping Transp. Land Dev: Drng. /S.I. Sub. & Pcl. Maps Permits Addr. � Barre cou"t LAND OF NATURAL \HEALTH AND BEAUTY DEPARTMENT OF PUBLIC WORKS WILLIAM (Bill) CHEFF, Director ° 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965 Telephone: (916) 538.7681 RONALD D. McELROY Deputy Director February 6, 1989 Greg Miller Re: Karmela Minerals 7701 Mullen Drive Austin, Texas 78757 Dear Greg: This will acknowledge receipt of your check in the amount of $250.00 to cover any remaining reclamation work that may be needed at the Karmela Minerals site. Returned, herewith, is your check No. 447 in the amount of $500.00 which you deposited with us in July. I'll go out to the mine site in the next few months and see if any additional seeding needs to be done. Your cooperation in this matter is appreciated. Very truly yours, William Cheff Director of Public Works WC: ss Encl. GREG MILLER 5-87 447 LIC. 07799504 7701 MULLEN DRIVE 452-6501 t�? AUSTIN, TEXAS 78757 4"Z 88_7711 IA �f, 2 j -,e o4 -,,.c4' 68619 03 skdoM onand 30 '1d30 alma AO AINnoo TO: FROM: ?IZ Inter-Departmenta!`_Memorandum Treasurer's Office.-- Attention: Emmett Pogue Department of Public Works -- Land.DevelopmentrSection SUBJECT:. Karmela Minerals and Black Gold Inc. Dry Creek Joint Venture. File 151.12 AP 41-08-08 DATE: January:30, 1989 'On August 1, 1988, a personal check in the amount of $500.00 from Greg Miller, of Austin, Texas, was submitted to your office for safekeeping for the above -referenced project. The required reclamation work has been separately bonded on this date and the Public Works Department authorizes release of the check in the amount of $500.00 to our department and we will return it to the sender. Received memo from Public works: DATE: Emmett Pogue JM/ds William Cheff Director of Public Works � )m - J6fin Men onsa Assistant Director Received Letter of Credit from Treasurer: DATE: . lzl_� John Mendonsa cc A6 Auditor's Office -- Attention: Jean Tobin ' � � _ � �*ti iFa a`j i��l u1 "')'y.r 4S ..i r�' ,� ry 4, a. k `r.G}•�} -.• • •. - H .. 777111 . � .. ,--lar•. "-„� _, � �f \ � .a.. e.. r.:l. �� ti'ti� 1,w• y f •-• � ""5.,,,\'�E � l.%<'. J., ,''^�." • � ti � r t y,sA # u� ; • Jk r•''s wx 1. '� �. �,..r • �' S. c 'q'� •Ly- �.. •>.r YlY i s •. +� •'S � G r -.� R. i ='��-+ _rte• tiF �,�}�.. � r <.. ` •. /k 1 1-\� f'•1 ! ♦ ty,'� 1"�+, ?�� � �,�eF %U.ii'1 \'i ,.k a'ayYf 'J �• .,�~• �,F{� .�3 • • Z,. • .,' •.S♦ >`t'1,7 7 � ,1.. -f .� rY`�?, `r i -"•iia* T.F' S* 'i• � !, r • bra► .t t ♦ t• cy J' ty 1�. � �Jn. •.f__ :�t'JJ. �• � rA L ... .. • ,Aar` ..•� � • �- ' �'. ti.f •t' �. l 'yt < - • >! f tiS f iti i '-f FIt•Ih' V �'4f f' "SQ¢ � _. �'{ � � h •(~ t S� 9 � -• t ,17( �} a'•"C �R � t.+ ,1f.!SA• ,• ,n, ri-�'. ��.- �ai•4'F'.�•� � ;''. '1 � 'Y+ �,.r�l: .t•• ".� _ i T,.•�..., .l � i �•'4 liy � �� � +r Jam- � r. �1.=� ( . � .. ,--lar•. "-„� _, � �f \ � .a.. e.. r.:l. �� ti'ti� 1,w• y f •-• � ""5.,,,\'�E � l.%<'. J., ,''^�." • � ti � r t y,sA # u� ; • Jk r•''s wx 1. '� �. �,..r • �' S. c 'q'� •Ly- �.. •>.r YlY i s •. +� •'S � G r -.� R. i ='��-+ _rte• tiF �,�}�.. � r <.. ti REQUEST FOR AUDITORS CERTIFICATE AND TREASURERS RECEIPT Department: PUBLIC WORKS - LAND DEVELOPMENT SECTION Date: February '3, 1985' PLEASE ISSUE AN AUDITORS CERTIFICATE AND TREAcuacac acrPIDT ec cr,i i c Description/Purpose Fund TitleFund Code Sub. Fund Code Rev. Code m Aourt DEPOSIT #319 RECEIPTS 10599 - 10604 ERIS GENERAL F-10 211151 S 500.00 TENTATIVE MAP & CHECKING FEE3 GENERAL F-10 .611700 700.00 ENVIRONMENTAL, HEALTH DEPOSIT3 GENERAL F-10 614901 342.00 STREET SIGNS ROAD F-30 .711900 15.00 FAITUM PERFMMCE TRUST------- F-1230 ------ 250.00 Greg Miller, 7701 Mullen D Austin TX 78-757 Karmella Minerals AP 41-0 -08 Reclamation ork A TOTAL 1.807.00 Bag Number: 2 DISTRIBUTION: WHITE—AUDITOR By:41 AAa �Pp YELLOW—TREASURER PINK—DEPOSITOR oP�c f C/�-e<i psCt �. F— / Z30 Avtx "q/M IgT/a.-I -/d X 1 C t�� �/-0,5 -og �rTlT' .`."-:.Kr-.. f..� r".*M"•�..r7r�1.'w...:ti.. .t. ^i`'*. i, ,�. .... _.. ,.li �' J_ 141'rft�r-y ....+-'7'� +..--�-f • t'... 1 � COUNTY OF BUTTE DEPARTMENT OF PUBLIC WORKS .7 County Center Drive - Oroville, California 95965 Telephone: (916) 538-7266 MAPS AND IMPROVEMENTS-�PROCESSING RECEIPT Name of Map or Development Location of Property r Applicant Rec'd from d Mailing Address �7 19 1A I. SUBDIVISION, PARCEL MAP AND SITE IMPROVEMENT PROCESSING A. Final Map: Number of Lots (Fee: Per map plus per lot) B. Improvement Plan Check and Inspection Estimated Construction Cost: Fee: % of Estimated Construction Cost C. Street Sign D. Private Road Inspection II. STORM DRAINAGE DEPOSIT . Total Units or Acres in Development Fee: Unit/Acre III. ROAD IMPROVEMENT/',TRAFFIC SIGNAL/FUND IV. RECORD OF SURVEY V. OTHER Illo',;>; i FEE: $ . FEE: $ FEE: $ FEE: $ FEE: $ FEE: $ 6 �0 , t9 `) FEE: $ FEE: $ TOTAL AMOUNT: $ 0 Director of Public Works By %� Date 2 12- Receipt Number f LD 1280 (Revised 8/88) 0 Eutte, Counig LAND OF NATURAL WEALTH AND BEAUTY l ' - DEPARTMENT OF PUBLIC WORKS WILLIAM (Bill) CHEFF, Director 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965 Telephone: (916) 538-7681 RONALD D. MCEUROY Deputy Directo. January 10, 1989 Greg Miller Re: Karmela Minerals - Dry 3202 W. Anderson Lane Creek Joint Venture Suite 208-244 Austin, Texas 78757 Dear Greg: Your check in the amount of $500.00 to guaranty the completion of the Reclamation work on the Blum property mine site will expire on January 27, 1989. We have had a"lot of cold weather and snow this winter so the seeds have not germinated as well as we hoped. Some areas. look good but nothing has happened in other areas. Perhaps as the weather warms, additional germination will occur. In the meantime, would you please forward another check in the amount of $250.00' to cover the costs of reseeding as,necessary. .We should know in the next couple of months whether any additional work will be required. Your continued coopera- tion in this matter is appreciated. If you have any questions, please call at your convenience. Very truly yours, William Cheff Director of Public Works WC: ss c a' File No. --r BUTTE COUNTY (For Action 1, 2, 3) Public Works Dept. (For Information ✓) Director Dep. Dir. Sec. Rd. & Sr. Mtce. Shop & Yards Bldgs. & Grnds. Bldg. Insp. Admin. Design Engr. Bridge Engr. Cons�tr. Engr. Surveys Mapping Transp. Land Dev. 'Drug. /S.I. Sub, & Pd. Maps Permits Addr. COUNTY OF BUTTE 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3397 DEPARTMENT' -,,OF PUBLIC WORKS 'a COULD SAVE YouLi ovil Iq U S POST AGf D10169�6 &,E a10463 ' c I I Mr. Gene Albright Vice President First Interstate Bank 201 Broadway, Chico, CA 95926 Dear Mr. Albright: • Count LAND OF NATURAL WEALTH AND a E A U T Y DICK PUELICHER TREASURER AND TAX COLLECTOR County Administration Building 25 County Center Drive - Oroville, California 95965-3384 916/538-7701 Re: Certificate of Deposit #238185 Dr;, Creek _joint Venture/County of Butte Upon the request and authorization of the Butte County Director of Public forks I release Butte County's interest in the above mentioned certificate in the amount of $25,000.00. Further. Butte County should not have been listed as a joint depositor, only as the payee. Effective with this release, Butte County has no interest in this money and should not be listed as a joint payee on the cashiers check paying out the'funds. Sincerely, Dick Puelicher Butte County Treasurer/Tax. Collector Date released:--��=U_u cc: 'Z 1 1 iam Cheff PUS&� c I�lorks. ,,ti 0 I L/17��I57,,4 File No. 1 BUTTE COUNTY (For Action 1, 2, 3) Public Works Dept. (For Information o/ ) Director i Dep. Dir. Y Sec. i jj Rd. & Br. Mtce. j Shop & Yards Bldg. Insp. Admin. Design Engr. Bridge Engr. Constr. Engr. Surveys Mapping Transp. Y Land Dev. Drng. /S.I. Sub. & Pcl. Maps Permits Addr. Inter -Departmental' Memorandum Treasurer's Office To: ATTN: Emmett Pogue FROM: William Cheff, Director of Public Works SUBJECT: Karmela Minerals & Black Gold Inc. - Dry Creek Joint Venture DATE: August 1, 1988 Attached is a check in the amount of $500.00 from Greg Miller, Austin, Texas. This check was submitted to guarantee completion of the reclamation work for the above -noted mine. Please deposit this check in the safe of the Treasurer's Office for safekeeping until the Public Works Department authorizes its release. 'Original signed by William Cheff William Cheff WC:dd Director of Public Works -Att. cc: Auditor's Office, ATTN: Jean Tobin Received memo and check Inter -Departmental:' !Memorandum Treasurer's Office To: ATTN: Emmett Pogue FROM: William Cheff, Director of Public Works SUBJECT: Karmela Minerals &'Black Gold Inc. - Dry Creek Joint Venture DATE: August 1, 1988 Attached is a check in the amount of $500.00 from Greg Miller, Austin, Texas. This check was submitted to guarantee completion of the reclamation work for - the above -noted mine. Please deposit this check in the safe of the Treasurer's Office for safekeeping until the Public Works Department authorizes its release. WC:dd Att. cc: Auditor's Office, ATTN: Jean Tobin Received memo'and check from Public Works: DATE: t SIGNED: William Cheff Director of Public Works File No. °�'��"� BUTTE COUNTY (For Action 1, 2, 31 Public Works Dept. (For nformation t/ ) Director Dep. Dir. Sec. Rd. & Br. Mtce. Y Shop & Yards Y Bldg. Insp. Admin. Design Engr. Bridge Engr. Constr. Engr. Surveys Mapping T ran s p. Land Dev. Drng. /S.I. Sub. & Pcl. Maps Permits Addr. GREG MILLER 5-87 447 LIC. 07799504 7701 MULLEN DRIVE 452-M'I r7 AUSTIN, TEXAS ` :� 19� 78757 - 88-2141/1149 PORDER O F DOLLARS d .. TEXAS AMERICAN BANK. AUSTHd Mw Z Peet Dekw an 9789 &atK Te 78768 FOR 1JL��o+, {72eP / �Z , -I)r)..J/{<, In 13 b K-Y CT2 V A l:u,IJ, lAv A�44D, 1: L 049 2 34 7 11:044 7 11'4 7 509 5611' r • July 27, 1988 Mr. William Cheff Director of Public Works Butte County 7 County Center Dr. Oroville, Ca 95965 Dear Bill, 3202 W. ANDERSON LANE SUITE 208.244 AUSTIN, TX 78757 (512) 459-6945 I sure did enjoy working with you and. Gayland on this re- claimation project.. I just couldn't believe how hot it was in your part of the country this year. It was.great to get back home because it was cooler in Texas! Enclosed please find -my -check for.five hundred dollars ($500) for the retainage on the Blum property (Dry Creek Joint Venture) reclaimation bond.we discussed Monday, July 25, 1988. If the seed takes after the first rains this fall I assume you will then.release this portion as well. If that is not the case please let me know. If on the -�otber= d-�_t-he:;seed does not take and needs to be re -done we will be touch at that time. Please keep me in mind for any future reclaimation bids as I now. have some first hand experience and have enjoyeff'theisites as well as most the people I've met in California., Thanks for all vour time andhelp regarding this matter and please drop me a line if you ever get the Austin, Texas way. Sincerely, Greg Miller • • •+1 114 IIVI .,�.� FITAIIIT IVIE;SSA!'aE FOR.. A.M. L DAT IM .L M OF' PHONE AREA CODE : NUMBER `- EXTENSfON MES9'AL CAME TO SEE YOU«.: �'Ly�. Q " WILLCAnLL%rAsNrx y>�� f Vit s ��UVANTS TO 5EE YOU l RUSH s � . �a'� >.� <t` y�.,`�"�xo D ; � : YOUR CA 1 I',N, I,alRETURNED sSPECIAI�ATTENTION4 2 MES9'AL N OTES Inter -Departmental,' Memorandum I Treasurer's Office�'y°' TO: ATTN: Emmett Pogue FROM: William Cheff,. Director of Public Works SUBJECT: Karmela Minerals & Black Gold Inc. - Dry Creek Joint Venture DATE: August 1, 1988 Reference is made to my July 18, 1988, memo regarding the above -noted subject. This is to advise that the reclamation work required at the mining site has been completed to the satisfaction of this department and the California Fish and Game Warden, Gayland Taylor; therefore, it would be in order to release our interest in the CD. Please forward a letter to Gene Albright, First Interstate Bank, 201 Main Street, Chico, CA 95926, authorizing the release of the CD. Your cooperation is appreciated. WC:dd File No. - BUTTE COUNTY _(For Action 1, 2, 3) Public Works Dept. (For 16ormation ✓ ) Director Dep. Dir. Sec. Rd. & Br. Mtce. Shop & Yards Bldg. Insp. Admin. Design Engr. Bridge Engr. Constr. Engr. 8 Pcl. Maps Surveys Permits Mapping Transp. Land Dev. Drng. /S.I. Sub. William Cheff Director of Public Works l 8 Pcl. Maps Permits Addr. William Cheff Director of Public Works l • i' OVTTr � � Inter-Departemorandum Treasurer's Office OUKA TO: ATTN: Emmett.Pogue FROM: William Cheff, Director of Public Works SUBJECT: Karmela Minerals and Black Gold Inc. - Dry Creek Joint Venture DATE: July 18, 1988 Attached are copies of an Assignment of Certificate of Deposit and the Non -Negotiable Time Certificate of Deposit from First Interstate Bank for the above -noted joint venture mining project. This CD was required to guaranty*Ahat proper reclamation of the mining site would be done by the joint venture after the mining was complete. The site reclamation work is presently being done and as soon as the'work is complete, it would be in order to r e l:e.a s e our interest in the CD. Gene Albright of First Interstate Bank in Chico says he needs a release, signed by the Treasurer's.Office.. Would you please prepare.the necessary letter and forward to First Inter- state Bank when I approve the reclamation work and notify your office. WC:dd Atts. File No. BUTTE COUNTY (For Action 1, 2, 3) Public Works Dept. (For,ormation or ), Director Dep. Dir. Sec. Rd. & Br. Mtce. Shop & Yards Bldg. Insp. Admin. Design Engr. Bridge Engr. Constr. Engr. Surveys Mapping Transp. Land Dev. Drng. /S.I. Sub. & Pc 1. Maps Permits Addr. William Cheff Director of Public Works ASS GNMENT OF CERTIFICATE OF DEPOSIT TO: TREASURER OF BUTTE COUNTY FOR DEPARTMENT OF PUBLIC WORKS BUTTE COUNTY FOR BOND OR SECURITY DEPOSIT REQUIRED BY BUTTE COUNTY GENERAL PLAN AND BUTTE COUNTY CODE, CHAPTER 13, SECTION 13-106 THIS ASSIGNMENT BY KARMELA MINERALS INC. AND BLACK GOLD INC. dba DRY CREEK JOINT VENTURE (Assignor) OF TWENTY -FINE THOUSAND AND N0/100 DOLLARS (Deposit Amount) ($25,000.00) REPRESENTED BY CERTIFICATE OF DEPOSIT (Evidence of ACCOUNT NO. 238 18S Deposit) WITH �%eST %/V7eeST4rE ,c3.4"If- of C'.QuFo�etiia (Financial 201 &,C0 Av U4411, C 1110 o 954.2 Institution) IS PRESENTED TO TREASURER OF BUTTE COUNTY/DEPARTMENT OF PUBLIC WORKS IN FULFILLMENT OF requirements of BUTTE COUNTY GENERAL PLAN.AND CHAPTER 13, SECTION 13-106 BUTTE COUNTY CODE MINING PERMIT NO. 85-72 IN SECTION 1, Township 21N, Range 3E.M.D. B. & M BUTTE COUNTY, CALIFORNIA The undersigned Assignor does hereby assign, transfer.. and set over unto the County of Butte all right, title and interest in and to the Deposit Amount with the Financial Institution in the name of the Assignor, with full power and authority on the part of the County to demand, collect, and receive said Certificate of Deposit and the proceeds therefrom on maturity date. Butte County acknowledges that the proceeds from said certificate will be used for the purposes prescribed by Butte County General Plan and Chapter 13, Section 13-106, of Butte County Code receipt and acquittance therefore, and to guarantee the requirement of the Use Permit, Reclamation Plan and Mining Permit granted to Karmela Minerals, Inc. It is understood and agreed that the Financial Institution will hold the Certificate of Deposit until the assignment is released by the County of Butte, or the Deposit Amount is paid to the County of Butte upon its written demand. Interest on the Deposit Amount shall be payable to the Assignor. A The undersigned Financial Institution accepts the assignment of the Certificate of Deposit and any document(s) pertaining to the evidence of Deposit, and agrees that any such document(s) will be held for the term of deposit stated above or until this assignment is released by the Treasurer's Office of the County of Butte or is paid to the County of Butte upon its written demand. Said release or demand for payment shall be in writing from the Treasurer or the Treasurer's Office of the County of Butte. G L.,. / Signature of AssignorC7io5 ACCEPT6 ItkNZftftB&BION CHICO MAIN OFFICE 201' Broadway ChiCo, Calif. 959 BY /1�"��C�Ci�i<<t l�z;yrcc-f2F5.�c�<�o�D ivy TITLE Signature of Assignor "" (iLTy 2-S, / �P,S DATE ORIGINAL TO EACH OF: Assignor (2) DATE �c I— ACCEPTED BY BUTTE COUNTY BY T I T L E c7v,, C DATE 'Id %9/?,- County Financial Institution -RFORMANCE BOND TO CONDUCT MIN r For surface mining permit No. 85-72 CERTIFICATE OR DEPOSIT BOND NUMBER 2-3 8/8S Site Location: SEC. 1 Twn. 22 N Rge 3E M.D.B&M COUNTY Butte KNOW ALL MEN BY THESE PRESENTS: That we KARMELA MINERALS INC., & BLACK GOLD, INC. dba Dry creek, JOINT VENTURE, as principals are corporations duly licensed to do business in the State of California, as surety are held and firmly bound unto the County Of Butte, acting by and through the Department of Public Works, in the sum of Twenty -Five thousand and no/100 dollars ($25,000.00).• Lawful money of the United States for the payment of which will and truly to be made we bind ourselves and our legal representatives jointly and severally by these presents.. DATES this 25 day of �CTo[3E,e 1985 The condition of the above obligation is such that whereas the above principle is an applicant for a permit to conduct surface mining in Butte County pursuant to Butte County General Plan and Chapter 13, Section 13-106 Of Butte County Code.. It is understood and agreed that the Department of Public Works may grant to principal extensions of time to complete his reclamation plan, which are based upon delays occasioned by causes beyond principal's control. Such extensions of time shall not cancel the bond, but continue it in full force and effect for the period of such extension of time. NOW THEREFORE, if the said principal shall faithfully perform the require- ments of the Use Permit, Reclamation Plan and Mining Permit filed with the Planning Commission and Department. of Public -Works; the terms and conditions of his operating permit; and the provisions of permit No. 85-72 and the rules of said County of Butte adopted thereunder, then this obligation to be void, otherwise to -remain in full force and effect provided that if the surety elects to cancel this bond as to subsequent liability, surety must give written notice to the principal(s) and to the Department of Public Works for Butte County at least thirty (30) days prior to the effective date of cancellation. This bond shall remain in full force and effect until completion of the reclamation of the site as specified and approved by the Department of Public Works. B4-4�K 6 o, .z 6ky, T /.vr /E�✓Tu,e1c Principal G E.v. �hSP. ��'• �•�T' ��.. . t� buffe Uounig DEPARTMENT OF PUBLIC WORKS WILLIAM (Bill) CHEFF, Director 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965 Telephone: (916) 538-7681 RONALD D. MCELROY February 3, 1988 Deputy Director Paula Miller Re: Karmela Minerals Financial Services Representative First Interstate Bank Box 210 Chico, CA 95927 Dear Ms. Miller: This is in reply to your letter dated January 29, 1988 concerning the Certificate of Deposit ;'238185 in the amount of $25,000.0o.for the Karmela Minerals mining project. This CD was placed in the County's name to guarantee performance of conditions of the mining permit granted to Karmela Minerals. As the CD states, it shall not be released until authorized by Butte County. P1'ease hold the CD until we authorize its release, or written demand is made to pay to Butte County. Very truly yours, WC:ss William Cheff Director.of Public Works d 2. File No. / 6—/" 1 BUTTE COUNTY ,,,.(F 1 Action 1, 2, 3, j Public Works Dept. (For I ormation / ) NEngr. Mtce. Yards p, Admin. gr, gr. Constr. Engr. Surveys Mapping T ran s p. Land Dev. Drng. /S.I. Sub. & PCL Maps Permits Addr. P� First Interstate Bank of California Chico Main Office First Box 210 Chico, CA 95927 ® Interstate 9,689,-7800 Bank. January 29, 1988 William Cheff Director of Public Works 7 County Center Drive Oroville, CA 95965 RE: Assignment of Certificate of Deposit (copy attached) Dear Mr. Cheff: On October 26, 1987, Certificate of Deposit #238185 matured. On October 27, Gene Albright, Manager of First Interstate, Chico Main office, spoke with Gary Miller, V.P. of Black Gold. He said the CD should not be renewed, but held pending. release of the assignment to Butte County. To date, we have not received instructions from either party. Please instruct us in writing as to what to do with this matured Certificate. Thank you. Si re c Paula Miller Financial Services Representative PM/jc l y L _ . GCJ G Z Q�v �. r7� File No. BUTTE COUNTY (For Action 1, 2, 3i Public Works Dept. (For Information ✓ Director Dep. Dir. Sec. Rd. & Br. Mtce. Shop & Yards Bldg. Insp. Admin. Design Engr. Bridge Engr. Constr. Engr. Surveys Mapping Transp. Land Dev. Drng. /S.I. Sub. & Pcl. Maps Permits Addr. y L _ . GCJ G Z Q�v �. r7� ti 794 ASSIGNMENT OF CERTIFICATE OF DEPOSIT TO: TREASURER OF BUTTE COUNTY FOR DEPARTMENT OF PUBLIC WORKS BUTTE COUNTY FOR BOND OR SECURITY DEPOSIT REQUIRED BY BUTTE COUNTY GENERAL PLAN AND BUTTE COUNTY CODE, CHAPTER 13, SECTION 13-106 THIS ASSIGNMENT BY KARMELA MINERALS INC. AND BLACK GOLD INC, dba DRY CREEK jOf N-. VENTURE OF TWENTY -FINE THOUSAND AND NOPOO DOLLARS ($25,000.00) REPRESENTFO BY CERTIFICATE OF DEPOSIT ACCOUNT NO. 238 /8S WITH 17'157-/ "72""r "w" A4 Cfj�/�o.Piv/A 20/,d �2oAD�.v.QY, Cairn e-AL/FO.t'N/R 9SF26 IS PRESENTED TO TREASURER OF BUTTE COUNTY/DEPARTMENT OF PUBLIC WORKS (Assignor) (Deposit Amount) (Evidence of Deposit) (Financial Institution) IN FULFILLMENT OF requirements of BUTTE COUNTY GENERAL PLAN AND CHAPTER 13, SECTION 13-106 BUTTE COUNTY CODE MINiNG PERMIT NO. 85-72 IN SECTION 1, Township 21N, Range 3E.M.D. B. & M BUTTE COUNTY, CALIFORNIA The undersigned Assignor does hereby assign, transfer and set over unto the County of Butte all right, title and interest in and to the Deposit Amount with the Financial Institution in the name of the Assignor, with full power and authority on the part of the Cour o dei;i..nn. al :mac' and receive e�-- said of Deposit and the proceeds tfier.'r'om on maturity dace. Butte County acknowledges that the proceeds from said certificate will be used for the purposes prescribed by Butte County General Plan and Chapter 13, Section 13-106, of Butte County Code receipt and acquittance therefore, and to guarantee the requirement of the Use Permit, Reclamation Pian and Mining Permit granted to Karmela Minerals, Inc. It is understood and agreed that the Financial Institution will hold the Certificate of Deposit until the assignment is released by the County of Butte, or the Deposit Amount is paid to the County of oultv upon its written demand. Interest on the Deposit Amount shail ke pdyntiv to he Assignor. 1 The undersigned Financial Institution accepts the assignment of the Certificate of Deposit and any document(s) pertaining to the evidence of Deposit, and agrees that any such document(s) will be held for the term of deposit stated above or until this assignment is released by Tr a steer's Office cif the County of Butte or is paid to the County of i;+ijtte ..;; ;: i 1-s written demand. Said release or demand for payment shall be in from the Treasurer or the Treasurer's Office of the County of Butte. ACCEPTED kftmftft I NB BanION /'Vc 201 Broadway ���-✓T.�l/ouU /y� irJyGv�-r2 .D�y �i-v. ��� Q1Q0. Calif. 85828 Signature of Assignor BY y Gr C cc, ice• TITLE gnature of Assignor66� ru�rvF.r�rw� Qcr-odcie iy85- DATE ��'7 ol r)--e� DATE ACCEPTED BY BUTTE COUNTY -5 dz- rte'/ BY- `� J -- -- -- TITLE E%J/ZtCmr. ore ✓41e4., c DATE ORIGINAL TO EACH OF: Assignor County Finr+ciai !:i__itutiJn (2) i November 25, 1987 Mr. William Cheff Director of Butte County Public Works 7 County Center Dr. Oroville, Ca. 95965 Dear Bill; Sure appreciated your time day before yesterday and just wanted to get these documents on their way before the holidays. Enclosed please find a copy of my letter to Karmela Minerals, Inc. regarding our.conversation. I have also included for -your file a copy of the promissory signed by the Joint Venture guaranteeing repayment to Black Gold, Inc. the full $25,000 plus interest. This note was signed by Gary Coomber (who was the -general manager of the Joint Venture and a representative of Black Gold, Inc. at the time) and Joe Wise (who was operations manager of the Joint Venture and president of Karmela Minerals, Inc. at that time). Since the note was never repaid and the Joint Venture -now defunct, I would like to work directly with you in trying to expediate the reclaimation of the Blum Property and the ultimate return of my money posted as the present reclaimation bond with Butte County in the form of a matured C.D. at 1st Interstate Bank Chico under the direction of Mr. Gene Albright. Please let me know what your thoughts are regarding this matter once you've had a chance to visit with Fred Baker and/or the.property. I will then attempt to set up my budget and timetable to reclaim the site according to your recommendations analyzing of course cost as well as weather. Hope you had a great holiday and I'll look forward,to your reply in December. Thank you for all your time and consideration in this matter. Respectfully yours, Ae_� Greg Miller 7701• Mullen Dr. Austin, Texas 78757 + (512)459-6945 BUTTE COUNTY Public Works Dept, (For Action 1, 2, 3) (F r Information / ) Director Dep. Dir, 1, Sec. , I Rd. & Br. Mtce. � Shop & Yards Bldg. Insp. Admin. Q. Design Engr, a Bridge Engr. t, Constr. Engr, Surveys Mapping Transp. jr Land Dev, Drng. /S.I. Sub, & Pc 1. Maps Permits Addr. st'14,86` 19 p0 O 1 1, F , I � st'14,86` 19 p0 O is . ................. 251000.00„.obe.n..25.............198.5... For Value Received ....Dny Cneeh Joint Ven.tune promise to payto...J M..F.2?.a.ttontic Bn9.ineening Company d/b/a r... ....................... B.faek Go.fd, I nconpona..ted on demand ............................................................................................. or order, at ...................Dnmine.6i,te, Ca.fi�onn�a...............................the sum ol' ive .thou-6and ($25, 000.00. )...•............... dollars together with interest on the unpaid portion thereof from date until paid at the rate of ... .ten annum • • • • • . • • .............. per cent per .............. .. ..... both principal and interest payable it lawful money of the United States, in installments, and at the times hereinafter stated, :j wit:•l Said principal and interest shall be payable in ........... ve. , , , , , , • • . , installments of ..............................................................6ive houz-and an.d....in.ten.ez t.. dollars. ........ ............. . each, the first of said installments to be paid, in said lawful money, on the. A. , ,n �s # day of ................. Dec emb en a 19.8 5. and a like installment, in said lawful money, on the • • • • • th in.t y • .4 in At ...... day of each and every ......... ..........month thereafter until loan and naenezt..ane„pa•i.d..:in Should„ h��s„loan„be„nep�aeed ....�u��............. . by a peA. onmanee bond ,in .the amount o .twen.ty bi.ve .thousand do.f.fa” .th�.a note w.i.2t be ne.tiAed 9 at -P. 6 in.tene,s•t w.i.2t be ne6undv ,to paq e.e...-................................................................................................................ tU std irzgrael t is tWk WE fali)k pa W. As each payment is made it shall be applied first, in payment of the interest then due, and the remainder on account of the principal sum, and thereupon interest shall cease upon the amount so paid on the principal sum. And ..Dny Cneeh Joint VentuAe ... agree ......that in case any one of said installments, or any part thereof, is not paid as it becomes due, then such unpaid installment shall bear interest from the date of its maturity until paid at the rate of.. 0..) ... t.en - per cent per ......annum. , , , , , and in case any one of said installments or any part thereof, is not paid within .! 30) thi*-t gays after the same becomes due and payable, or in case any change is made in the title to all or any part of the property described in the instrument securing this note, then the whole of said principal sum then remaining unpaid, together with all interest unpaid thereon, shall forthwith become due and payable at the election of the holder of this note, of which election notice is hereby waived. If action be instituted on this note. 4y.. CA e.0. Jo.in.t. Ven.tune • • • • • • • • • • • • • • • • • • • ....... , promise to pay such sum as the court may fix as attorney's fees. This note is securedpya.$25,000.cen.ti6ica•te o6 depo.s.c.t • �r1 g even date herewith. Upon paNmen.t in u.f•2 0� pn.cnctpQe £ inte.neztt at`i�� pnom�-s ny �10 e the $25, 000 eent.i� ic.a.te o6 de o.s.ct Iwitf become an az4q..t o6 Dnu rR.gc�c ,r � �I,it All 614- Cneeh Joint Von-tuxe ,rS�� �. I ��AG�� / cards?::at •v�riu�1%' ... � Tlu aotanwu o aay a 17Mtar loan wort ma w �• �?K�Ai�l.t i<VAMCq ` ���,• Y propel fer use m 6j” trmsaet wa and m M way acts. a u "!ended to act. u a tuosmute lei the adv” of an aM hey. The pnnW dews not make.w' -.0, a a WOW- u p *0 t.pr vakdty d any 1XVVWon a the awsabMy of then lama in any apawc eana ow. any a^W. rdw Cowdery's Form No. 1072 — PROMISSORY INSTALLMENT NOTE — Installments Include Interest — (Rev. 8/83) • A O S�!HQ�1 November 23, 1987 Mr. Gary Steingrebe, President Karmela Minerals, Inc. P.O. Box 655 Loyalton, Ca. 96118, Dear Gary, F. Since I have not heard from you raSardiny our last .conversation oil the replacement of our bond which guarantees your good faith preformance to follow the mining plan described to Butte County on specifically the Blum Property, 5 miles south of Paradise, Ca., 2.5 miles north of Messilla Valley Rd., at the end of Dry Creek Rd., I respectfully request, on the behalf'of Black Gold, Inc., Joint Venturer with Karmela Minerals, Inc. dba Dry Creek Joint Venture, that you cease and desist all mining actio-ity on the above mentioned placer mining property, which is presently authorized under the, Butte County Planning Commission Mining Permit # 85-72, Assessor's Parcel # 41-08-08. We would like to recalim the property in accord with the County's guidelines set forth in the above mentioned mining permit to secure the release of our $25,000 bond that your group has enjoyed the free use of since we removed our equipement approximately 18 months ago. I am sending a copy of this letter to Mr.. William Cheff, Butte County Director of Public Works in order to gain his full coorporation in expediting this matter. Respectfully, Greg Miller cc/Wm. Cheff at October 18, 1987 d Mr. William Cheff Director of Public Works County of Butte 7 County Center Drive Q,oville, CAL 95965 Dear Bill;, You will receive a renewal of the Certificate prior to the 26th of October. ) The operation iiigoing, but on a much smaller scale than we had anticipated. The main road has been improved by grading and graveling; the neighbors seem to ;be happy. We are re - claiming Is we mine and will i plant grass as soon as we have rain. As of now, it appears we will complete the project. i j fr6d E. Baker Karmela Minerals, Inc. 5361 Pentz Road 1 Paradise, CIA 95969 s FEB/bj cc: Gary Steingrebe Y File No.�47./ Design Engr. BUTTE COUNTY�� (For Action Public Works Dept. 1, 2, 3) (For I Director ormat' n � ) N Dep. Dir. T ran s p. Sec. Land Dev. Rd. & Br. Mtce. Drng. /S.I. Shop & Yards Sub. & Pcl. Maps Bldg. Insp. Admin. Permits da e t Design Engr. Bridge Engr. Constr. Engr. i Surveys Mapping T ran s p. Land Dev. Drng. /S.I. Sub. & Pcl. Maps Permits Addr. da e t I ft, S R AJTY •••.-�..v%vii'/ v-­rr, tdiluctur 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965 Telephone: (916) 538-7681 RONALD D. McELROY October 15, 1987 Deputy Director Fred Baker ' Re: Karmela Minerals Karmela Minerals, Inc. 5361 Pentz Road Paradise, CA 95969 Dear Fred: This is -to advise that your certificate of deposit from First Interstate Bank of -California will expire on October 26, 1987. This certificate of deposit is to cover the Performance Bond requirements of your Use Permit No. 85-72. Please renew this certificate of deposit prior -to October 26, 1987 if you wish to continue with your project. Also, we would appreciate a status report of your mining operation. Your early attention to this matter would be appreciated. Very truly yours, WC: ss cc: Planning Department 9 William Cheff Director of Public Works File No/67i - I- .' q_—,I) ,BUTTE COUNTY (For Action 1, 2, 3) Public Works Dept. (For InJormation Director Director I Dep. Dir. Sec. Rd. & Br. Mtce. Shop & Yards Bldg. Insp. Admin. Design Engr. Bridge Engr. :Constr. Engr. Surveys Mapping Transp. Land Dev. Drng. /S.I. Sub.& Pcl. Maps Permits Permits P �Addr. AOV-/C �ie.4--S "Au/ �. !6 /6�0d40 ll�c14o�% wiT'00 . ,6 i /�� /f=S lheG / /z 0 4 40, C f r.1r ov 49ep._ cq vs U' r � � . � _ _ � i/Ddb/•� ... .... z / ',- BUTTE COUNTY (For Action 1, 2, 3i Public Works Dept. (For nformation ✓ ) Director Dep. Dir, Sec. Rd. & Br. Mtce. Shop & Yards Bldg. Insp. Admin. Design Engr. Bridge Engr. Constr. Engr. Surveys Mapping T ran sp. Land Dev. Drng. /S.I. Sub. & Pcl. Maps Permits Addr. r a •� ' k COUNTY OF: 13117 .a t , ... .... z / ',- BUTTE COUNTY (For Action 1, 2, 3i Public Works Dept. (For nformation ✓ ) Director Dep. Dir, Sec. Rd. & Br. Mtce. Shop & Yards Bldg. Insp. Admin. Design Engr. Bridge Engr. Constr. Engr. Surveys Mapping T ran sp. Land Dev. Drng. /S.I. Sub. & Pcl. Maps Permits Addr. r a •� ' k COUNTY OF: 13117 Fred Baker Re: Karmela Minerals Karmela Minerals, -Inc. 5361 Pentz Road Paradise, CA 95969 Dear Mr. Baker: F 'We have been advised of increasing activity at your Karmela Minerals site on Dry Creek Road. Please forward to me a status report of the operation and what your future planning is for the site. There are certain conditions contained in your Use Permit No. 85-72 that have.not been complied with at this point. Your early attention to this matter is requested. + Very truly yours, William Cheff Director of Public Works WC/ss b�+ate ®ung 'NATURAL LAND OF WEALTH AND BEAUTY DEPARTMENT OF PUBLIC WORKS WILLIAM (Bill) CHEFF, Director 7 COUNTY'CENTER DRIVE - OROVILLE, CALIFORNIA 95965 Telephone: (916)xgxTxx 538-7681 RONALD D. Mc.EL ROY January 9, 1987 Deputy Director Fred Baker Re: Karmela Minerals Karmela Minerals, -Inc. 5361 Pentz Road Paradise, CA 95969 Dear Mr. Baker: F 'We have been advised of increasing activity at your Karmela Minerals site on Dry Creek Road. Please forward to me a status report of the operation and what your future planning is for the site. There are certain conditions contained in your Use Permit No. 85-72 that have.not been complied with at this point. Your early attention to this matter is requested. + Very truly yours, William Cheff Director of Public Works WC/ss t File No. PDir. ;Dept I.Sec. Rd. & Br. Mtce. Shop & Yards Bldg. Insp. Admin. Design Engr. Bridge Engr. Constr. Engr. Surveys Mapping Transp. ` Land Dev. Drng. /S.I. Sub, & Pcl. Maps Permits Addr. (For Action 1, 2, 3) (For Irmotion / ) fl y , fY count ... tl rte.. ... LAND OF NATURAL WEALTH AND B E A L T Y DEPARTMENT OF PUBLIC WORKS WILLIAM (Bill) CHEFF, Director 7 COUNTY CENTER DRIVE - OROVILLE; CALIFORNIA 95965 Telephone: (916) 534.4681 RONALD D. McELROY April 23, 1986 Dep,,,,, D;rec,o. Fred Baker RE:. Karmela Minerals Karmela Minerals, .Inc. 5361 Pentz Road - Paradise, CA 95969 \ Dear Fred: On April 22, 1986, we drove out to your mining operation on Dry Creek Road. There was no activity but we noticed that a lot of the work that has been done does not comply with the conditions of your approved mining permit. Attached is a copy of the permit with those items checked in red that need your attention. Also, the access road has still. not been cleared, the trees that were cut down have not been removed and the dirt berms not removed. At your early convenience, would you please perform the necessary work required by your mining permit. I would also appreciate a status report of, your operation and what you are planning in the immediate future. Your cooperation is appreciated. Very truly yours,, WC:dd Att. cc: Planning w/att. William Cheff Director of Public Works I I . I I F le No. J3 i BUTTE COUNTY For Action 1, 2, 3) Public Works Dept. (FO/.formation s/ ) Director Dep. Dir. Sec. Rd. & Br. Mtce. Shop & Yards Bldg. Insp. Admin. Design Engr. Bridge Engr. Constr. Engr. Surveys Mapping Transp. Land Dev. Drng. /S.I. Sub. & Pcl. Maps Permits Addr. I • MINING AND RECLAMATION PERMIT BUTTE COUN'ry PLANNING COMMISSION DATE: (Registered Mail Rec.) 8S -7i PERMIT NUMBER ASSESSOR'S PARCEL NO. Pursuant to the provisions of Chapter 1' of the ButtV Coi_cnty Code and the special conditions set forth below: Karmela Minerals, Inc. is hereby granted a Mining Permit in accordance with application filed: 5/30/95 to allow a mining, backfilling and reclamation operation on property zoned A-2 (General) located at the end of the Dry Creak Road, 2 1/2 miles north of Messilla Valley Road, 5 miles south of Paradise, and as a condition of approval, to provide -for the reclamation of this mired area in accordance with the approved Reclamation Plan on file. 1. As a condition of approval for the permit or the reclamation plan, or both, periodic inspections of the site by thE= public works department shall be made to evaluatE> continuing compliance with the permit and the reclamation plan. 2. The public works director may suspend the permit for- a period riot to exceed fifteen (15) days where continuation of a violation will. adversely affect the pub 1 is c . In the Event of 8 USPE:.rnsi on , or - should the public worV::s director r-eqLjest disciplinary action, the planning commission shall immediately set a hearing thereon with rot less than five (C) days notice to the operator-. The planning commission, after completion of the hearing, may suspend or revnk.e the permit, rwr• modify the permit, or may place the operator on probation should the violation found to e:•:i_t be of a seriou nature, adversely affecting the health and wel fare of the residents of the coc.inty. Upnn A f i ndi nq by the planning commission that a supple -mental guarantee for the reclamation of the mined land is necessary, a reasonable sc.crety bond, lien on the property or a portion thereof, nr other secur-i ty CILA�-,r antec-2 condi t i oned c_cpon -the faithful performance of- the reclamation, Flan shall be filed with the public_ wor-k.s department. SPECIAL CONDITIONS; 1. Transitional ar-eacs between reclaimed property and natural contoc.rrs 0.,o° will be sloped to minimize erosion and storm .water runoff . Sl open (*' shall be no steeper thran 1 : C wi th no e:::posed cuts. 2. All reclaimed areas will earthquake measuring 6.5. have to be capable of withstanding an 71. Mine area which i. s ciunuded of vegetation to be no greater than 2 acres at any one time. 4. Construct a perimeter ditch around the mine and plant site to coney Loo,O'` storm waters, away from disturbed area_. 5. Cover stockpiled soils with mulch, tarpaulin or plant with native grasses. . 6. Reclaimed land to be revegetated leaving no exposed soils or cut banks. 7. Maintain a 15 foot no development area from the top of Dry Creek's • banks. B. Maintain native vegetation within 15 feet of Dry r;reelk. bant-s. 0 9, Gravel Dry Creed:: Road from parking .area on-site to Mes.sill,a Valley. ®1U. Construct a 2 foot earthen berm adjacent to the plant site and l� between the creek and any disturbed area. 11. Construct ponds to accommodate design capacity w- 10�f year storm. o Two feet of free board shall bb maintained at all times. g ®12. All fuels, oils or chemicals to be installed in double wall tank with monitoring system, or installed on an impervious surface surrounded by a berm sufficient to contain the t„nk.'s capacity. 3. A fully equiped fire trailer with pumps and hose to be maintained on-site at all times., 14. Water diversion for pond makeup water to be no greater than .:i2' cfs e continuous. 15. No blasting permitted. 16. No transport of gravels off ---site or sale of gravel permitted. (Gravelling of Dry Creek Road is excepted). 17. Prior to issuance of the Use Permit (Mining Permit) applicant shall post a $25,000 performance bond with the Director- of Butte County Public Works Department. 19. Prior to any mining activity, construction or i. s7�ua.nce of any subsequent di5cretionary permit by Butte County Public Works or Butte County Environmental Health, applicant shall obtain the following permits: Waste discharge report -From Regional Water Qua.l.ity Control. c. Stream bed alteration agreement from Department. of Fish and ®� Game. d. Water ri ht -Fr State g -from Mate Water F;e_oUrces Control board, division of Water Rights. 19. Mining operation is to be conducted and improvements located as depicted on Plate I and described in the Reclamation Plan. 8® `,. Dry Creek: Road to be gravelled along c�;; i sti ng travelled way from parking area to Messilla Valley Road (pavement standard per f''l.thliG Works 9/5/E35), modify width standard retaining depth standard. (54t.4V - flor �� e '*OO* t4V&4 ev 004LIC 4e6itui 6060 21. Applicant must also comply wi all other applicable State and local statutes, ordinance, and regulations. I hereby declare that I have read the foregoing conditions, that they are in fact the conditions which were imposed Upon the granting o=: this mining permit, and that I agree to abide fully by Braid conditions. DATED: o - .Z i S S --^------._....__.._._._-_ ��1--.�..� '�._.___.— ��►-t`- .ate/ DIRECTOR 0 . '6iiCIC WORKS CC: Planning Department Department. of Public- State ublisState Geologist:. S i eater -Departmental Memorandum TO: Bettye Kircher, Planning Director FROM: William Cheff, Director of Public Works SUBJECT: Karmela Mines BATE: November 12, 1985 Attached is a letter from Lucy Cooke dated November b, 1985; concerning the above -noted mining operation. I have been in contact with the mining operators about the road, but it appears they haven't done much to remedy the situation. I will talk to them again. The rest of the items she mentions in the letter don't seem quite correct. Do you want to answer? Maybe we should jointly prepare an answer.. William Cheff WC:dd Director of Public Works Att.. e iy File No. -/ ( , BUTTE COUNTY (Foi Action 1, 2, 31 Public Works Dept. (For Information s/ ) Director Dep. Dir. Sec. Rd. & Br. Mtce. Shop & Yards Bldg. Insp. Admin. Design Engr. Bridge Engr. Constr. Engr. Surveys Mapping Transp. Land Dev. Drng. /S.I. Sub. & Pcl. Maps Permits Addr. N t. .1 November 6, 1985 Mr. Bill Cheff Director Dept. of Public Works 7 County Center Drive Oroville, CA 95965 Dear Mr. Cheff; This letter concerns the mining permit approved for Karmela Minerals, Inc. on Dry Creek Road. None of us living in the canyon along Dry Creek Road and Dry Creek were notified of the public hearing - except the Logans, who obtained a mining permit a few years ago (which was vigorously opposed by most of us). While the notifi- cation process attempted to be procedurely correct, the -landowner having consid- erable acgrage close to the mine and whose property includes a half mile of private road to be usedby the mine, was not notified because of a county error. The road and .the creek are going to be greatly effected by the mine. If not intentional it seems to be bureaucratric shortsightedness not.to have notified at least some of those living along the road and the creek — other than the Logans. The road is a private road, maintained by individuals on it. It seems too casual that the county 'did not consider us worthy of notification while allowing a permit that is considerably increasing the use of the 'road. Several years ago the Planning Commission refused to grant a permit for the Logans to mine which is adjacent to Karmela. One of the concerns was the road. The Board of Super- visors overturned the decision and issued the permit. Nothing much became of the Logan mine. But already Karmela has put more stress on the road in a few months than we have in five years. We know that the Planning Commission placed a condition on the mining permit that Karmela gravel the road. The commission deleted a condition, requested by the Planning Dept., that Karmela widen the Qr,'0ad to 16 feet. That condition was deleted when the Commission was informed that Karmela had no easement allowing for a wider road. Karmela proceeded to widen the last mile of road, bulldoze trees over and fill in culverts. You have seen the road and agree that they showed no regard for private property and a total lack of competency for roadwork. Karmela told you that they would 'repair' the road. Our concern is their lack of regard for other peoples' property rights. If they mine like they bulldozed the road than the canyon enviroment could be damaged greatly: We do not question Karmela's right to mine. However, we do think there should be another hearing. As the people who live in the canyon, -and who will continue to live in the canyon After -the miners have gone, we think our concerns should be heard.. We need some assurances that if they gravel the road, it improves, not impairs the road. We do not want to go behind them cleaning up culverts and ditches. We think they bhould take some responsibility for replacing a few culverts that show the burden of their heavy traffic. We also would like a limit on the number of employees. A small operation is in keeping with the nature of previously established road use. A large operation is not. And we think that the Commission should recognize this. Sec. Rd. & Br. Mtce. Shop & Yards Bldg. Insp. Admin. t Design Engr. I Bridge Engr. Con str. Engr. Surveys Mapping Transp. Land Dev. Drng. /S.I. Sub. & PcI. Mops r ' I1 I 11 Also, we need some assurance that the mining will not silt up the creek. If Karmela mines according to the conditions set forth in their permit, the creek should be safe. However, we doubt that Karmela will abide by the condi-_1 tions.:.Already they violated the 'condition' of not widening the road. Also, Mr. Joe Wise, president of Karmela, has indicated no intention of obtaining "as purchased water or from outside sources" the water for the initial filling of their settling ponds - 620,000 gallons. That was agreed to by Mr. Fred Baker of Karmela, or so indicates a letter from the State Water Resources Control Board dated 10-1-85. It seems Karmela is choosing the conditions by which they abide. Those who build homes pay a substantial permit fee that covers paperwork and inspections to see that one abides by the building code.. You said the County does not have the money for regular inspections of a mine. Traditionally they inspect after someone notifies the department of damage. We think it is more sensible and cheaper to inspect to see that conditions are followed and damage prevented. ..If Karmela's permit fee does not cover inspections - it should. An altern- ative is to have Karmela post a bond to cover damage to the creek and/or the road. The bond they have posted is specifically designated to cover the recla- mation of their own land. The creek and the road, which are shared by all are unprotected. This does not make sense. We expect our views to be considered. Thank you. 7 Cq 42��,eassilla Vall� �- 64, 9s �.s- s, Ila 0I�� 3 5y7 �Or I Cr4b_�. 'l�✓z. ,evncl �, Y 130- ei� � c:k bOA-17MA j��l �'�"'1 ���-f Eek 12 a O'S �L7 35-0 3 O �� DiLY G�EE(L_�y-E!j U Dry Ores.4� O"v%,Ut G'f 959'GS QS3 `1 - 0 Z 3 �f 40 I STATE OF CALIFORNIA GEORGE DEUKMEJIAN, Governor.. STATE WATER RESOURCES CONTROL BOARD DIVISION OF WATER RIGHTS THE PAUL R. BONDERSON BUILDING P.O. BOX 2000, Sacramento, CA 95810 "P 901 P Street, Sacramento, CA (`i1.6) 324-5646 In Reply Refer to: 316:WJ:266.0 OCT 1 MS Laura Tuttle Butte County Planning 7 County Center Drive Orovill.e, CA 95965-3397 Dear Ms. Tuttle: KARMELA MINERALS, INC. PROPOSED MINING PROJECT ON DRY CREEK, BUTTE COUNTY This letter is pursuant to your telephone onversation of September 9, 1985 with Willy Jenkins of our staff. "his is to confirm our comments regarding the water issues on the subject project. As Willy Jenkins had previously indicated, Karmela Minerals, Inc. will not'have to file a water right application for storage for the following reasons: Mr. Fred Baker of Karmela Minerals, Inc. has agreed not to fill the water storage ponds at the initial filling (capacity - 620,000 gallons) with wester from Dry Creek or springs on the subject property. The water that wi.11 u,, uued [.or L11.1.1my Lhir p(,iiJu will. bu UhLal.Iled ,itt lout rll,:ttjod wat.of or from other outside sources. The existing direct diversion of 15,000 gallons per day can thereafter be utilized as make-up water due to evaporation losses since with this project that use is considered regulation. Should you have any questions regarding the above, please contact Willy Jenkins at (916) 324-5646. S•in"Crely, Ming-slyong Yang, Chief Environmental Unit cc: Fred Baker • w. `Karme.la' ninerals,;`�Inc.'a 5361 Pentz Road Paradise, CA 95969 STATE OF -CALIFORNIA GEORGE DEUKMEJIAN, Gove/no! STATE WATER RESOURCES CONTROL BOARD DIVISION OF WATER RIGHTS THE PAUL R. BONDERSON BUILDING P.O. BOX 2000, Sacramento, CA 95810 "P 901 P Street, Sacramento, CA (91.6) 324-5646 In Reply Refer to: 316:WJ:266.0 OCT 1 MS Laura Tuttle Butte County Planning 7 County Center Drive Orovill.e, CA. 95965-3397 Dear Ms. Tuttle: KARMELA MINERALS; INC. PROPOSED MINING PROJECT ON DRY CREEK, BUTTE COUNTY This letter is pursuant to your telephone onversation of September 9, 1985 with Willy Jenkins of our staff. This is to confirm our comments regarding the water issues on the subject project. As Willy Jenkins had previously indicat?d, Karmela Minerals, Inc. will not have to file a water right application for storage for the following reasons: Mr. Fred Baker of Karmela Minerals, Inc. has agreed not to fill the water storage ponds at the initial filling (capacity - 620,000 gallons) with w,.iLr_r from Dry Creek or springs on the subject property. The water that will be used for filling the ponds will be obtained as purchased water or from other outside sources. The existing direct diversion of 15,000 gallons per day can thereafter be utilized as make-up water due to evaporation losses since with this project that use is considered regulation. Should you have any questions regarding the above, please contact,Willy Jenkins at (916) 324-5646. Sincerely, tr7y I? "Ll Ming -sllyong Yang, Chief Environmental Unit CC: Fred Baker Karmela Minerals, Inc. 5361 Pentz Road Paradise, CA 95969 • t AN' (jl 1 IC I�!i� UI -ALBERT M. KinG ALF11-PT M KING :��J�fC. •1 II Lf. F,i V'll' 2—Is UI)n Di'.- C'(llll. "",-0 1',FFj0f+AH A KING OQOYILLf, CfiLlf04(llfl 95965 August 26,'1981 RE: APPLICATION of Ronald Logan for a mining Permit File No. 81-135 TO: Butte County Planning Commission On behalf of HOWARD L. YOUNG and BERNICE L. YOUNG, husband and wife, as Joint Tenants, a:, to an undivided 1/4 interest; and DAVID D. WHITTLESEY and OTAMAY HUSHING WHITTLESEY,' husband and wife, as their community property, as to an undivided 3/4 interest,_ the owners of 232 acres of real property which adjoins the 1.8 acres owned by the applicant, RONALD LOGAN, on two sides, T, ALBERT M. KING, Attorney at Law, submit the follOWing memorandum of legal authorities regarding improvement of a private road in opposition to the application of RONALD LOGAN for a mining permit and reclamation plan for a placer gold mine on property zoned "A-2'.' (General) , located on the west side of: Dry Cr.eck Road, approximately 3 miles.north of Pentz Road, identified as'AP 41-8-27, south of Paradise. t'1ic' Dry Crc('l: Ron(l is a hr1.vil:i.i1y Ilou h rhree miles in length which crosses. the property of several. o%,,ners, in- cluding the property of my clients and the.applicant. About 1./2 mile of the road is located on the property of my clients. This road has been used for many years and the users have rights by prescription, which are generally known as prescriptive easement.s. Under California law the character and extent of an easement ac- quired by prescription is fixed and'determined by the use under which it was gained. A person using the land of: another for a roadway for the five-year prescriptive period acquires the right to continue to use the road but does not acquire the right to make other uses of it unless he obtains a grant from the under.lyincr property owners. The owners of property over which the easement for road purposes exists have the right to insist that the use of: the easement remain the same as it was when it came into existence regardless of any question as to the relative benefit and damage that would ensue to either by reason of a change in the mode anti manner of enjoyment. Accordingly, a person having a right to use a prescriptive road easement cannot materially increase the burden of the road where it traverses the property of others without their consent. 28 California Jurisprudence 2d, "Easemchts and Licenses, Rights and Duties Incident to Use," Sections 30-36, and ''Limitations and Restrictions," Sections 30-34. TO: Butte County Planning Commission LI 11�-I(J : Two Item 13, (c), (d) and (f), Appendix F, Page 5, of the Environmental Checklist form indicates that there will be "substantial impact upon existing transportation systems?", "significant alterations to present patterns of circulat-i.on or movement of people and/or goods?" and "increase in traffic haz- ards to motor vehicles, bicyclists or pedestrians?". The next -to -the -last paragraph on Page 2 of the Staff Tind' ings.dated August 26, 1981 indicates that mitigation measures are required to,improve Dry Creek Road; and in item 3, Page 3, the Staff recommends that Dry Creek.Road b.e.improved if traffic warrants. Mr. and Mrs. Howard Young and Mr. and Mrs. David Whittlesey, owners of the adjoining 232 a,, -;res, give notice that they will not consent to any enlargement or improvement of Dry Creek Road be= yond its present condition; and.if any attempts are made to do so without their consent, they intend to take legal action to enjoin such improvement or extension of its use. DATED: August 26, 1981 Respectfully submitted, A P,r-r,T M. KING % nLLC).i-ney at T,nyt AMK : be I ASSIGNMENT OF CERTIFICATE OF DEPOSIT TO: TREASURER OF BUTTE COUNTY FOR DEPARTMENT OF PUBLIC WORKS BUTTE COUNTY FOR BOND OR SECURITY DEPOSIT REQUIRED BY BUTTE COUNTY GENERAL PLAN AND BUTTE COUNTY CODE, CHAPTER 13, SECTION 13-106 THIS ASSIGNMENT BY KARMELA MINERALS INC. AND BLACK GOLD INC. dba DRY CREEK JOINT VENTURE OF TWENTY -FIVE -THOUSAND AND NO/100i1DOLLARS ($25,000.00) REPRESENTED BY CERTIFICATE OF DEPOSIT ACCOUNT NO. 238 �8S WITH �icST //V TL�ieS,l%1l� A6i*'V& o A CAL1,90�A11,4 Zo/ �eo•�w.gy, Chico c'�l/F��i�i 959.2 IS PRESENTED TO TREASURER OF BUTTE COUNTY/DEPARTMENT OF PUBLIC WORKS V (Assignor) (Deposit Amount) (Evidence of Deposit) (Financial Institution) IN FULFILLMENT OF requirements..of BUTTE COUNTY GENERAL PLAN AND CHAPTER 13, SECTION 13-106 BUTTE COUNTY CODE MINING PERMIT NO. 85-72 IN SECTION 1, Township 21N, Range 3E.M.D. B. & M BUTTE COUNTY, CALIFORNIA The undersigned Assignor does hereby assign, transfer, and set over unto the County of Butte all right, title and interest in and to the Deposit Amount with the Financial Institution in the name of the Assignor, with full power and authority on the part of the County to demand, collect, and receive said Certificate of Deposit and thie proceeds therefrom on maturity date. Butte County acknowledges that the proceeds from said certificate will be used for the purposes prescribed by Butte County General Plan and Chapter 13, Section 13-106, of Butte•County Code receipt and acquittance therefore, and to guarantee the requirement of the Use Permit; Reclamation Plan and•Mining Permit granted to Karmela Minerals, Inc. It is understood and agreed that the Financial Institution will hold the Certificate of Deposit until the assignment is released by the County of Butte, or the Deposit Amount is paid to the County of Butte upon its written demand. Interest on the Deposit Amount shall be payable to the Assignor. 40 r -I - -File No. BUTTE'COUNTY (For Action ; 2, 3) Public Works Dept. (For I formation ✓ ) Director Dep. Dir. Sec. Rd. & Br. Mtce. Shop & Yards Bldg. Insp. Admin. Design Engr. Bridge Engr. Constr. Engr. RAddr. Or.f. Maps The undersigned Financial Institution accepts the assignment of the Certificate of Deposit and any document(s) pertaining to the evidence of Deposit, and agrees that any such document(s) will be held for the term of deposit stated above or until this assignment is released by the Treasurer's Office of the County of Butte or is -paid to the County of Butte upon its written demand. Said release or demand for payment shall" be in writing from the Treasurer or the Treasurer's Office of the County of Butte. ACCEPT010 ft&N2ftft8kjW ION CHICO MAIN OFFICE 201 -Broadway Chico.' Cat 858 28 Signature of Assignoro�BY T I T L E Vr-C�e V Signature of Assignor vle�,C 6:r.,e OC=Tvc4C-2 2 S, / 9P5' DATE ORIGINAL TO EACH OF: Assignor (2) DATE 0GQ,7—&ems ACCEPTED BY BUTTE COUNTY DATE 11,4 9/�,� County Financial Institution P RMANCE BOND TO CONDUCT MININQ� For surface mining permit No. 85-72 CERTIFICATE OR DEPOSIT BOND NUMBER 2-3 8/,qSS Site Location: SEC. 1 Twn. 22 N Rge 3E M.D.B&M COUNTY Butte KNOW ALL MEN BY THESE PRESENTS: That we KARMELA MINERALS INC., & BLACK GOLD, INC. dba Dry creek, JOINT VENTURE, as principals are corporations duly licensed to do business in the State of California, as surety are held and firmly bound unto the County of Butte, acting by and through the Department of Public Works, in the sum of Twenty -Five thousand and no/100 dollars ($25,000.00). Lawful money of the United States for the payment of which will and truly to be made we bind ourselves and our legal representatives jointly and severally by these presents.. DATES this 25 day of QCTo,BEe , 1985 The condition of the above obligation is such that whereas the above principle is.an applicant for a permit to conduct surface mining in Butte County pursuant to Butte County General Plan and Chapter 13, Section 13-106 of Butte County Code.. It is understood and agreed that the Department of Public Works may grant to principal extensions of time to complete his reclamation plan, which are based upon delays occasioned by causes beyond principal's control. Such extensions of time shall not cancel the bond, but continue it in full force and effect for the period of such extension of time. NOW THEREFORE, if the said principal shall faithfully perform the require- ments of the Use Permit, Reclamation Plan and Mining Permit filed with the Planning Commission and Department of Public.Works; the terms and conditions of his operating permit; and the provisions of permit No. 85-72 and the rules of said County of Butte adopted thereunder, then this obligation to be void, otherwise to remain in full force and effect provided that if the surety elects to cancel this bond as to subsequent liability, surety must give written notice to the principal(s) and to the Department of Public Works for Butte County at least thirty (30) days prior to the effective date of canc.ellation. This bond shall remain in full force and effect until completion of the reclamation of the site as specified and approved by the Department of Public Works. X1A,P19E 4 M/NERA S i.Ic. AA'd ,51,Abc 6044 Avc. ,16a- ARY' �"2EE JOIA.17- UE1✓Tu2F Principal •V/[E fYlES B[iS�x 6� /Nc. vEvrueE- N2. -..238185 4tl N Bank on First Interstate Bank -Negotiable of California "i" 6'tiftlf Icat Tim e -of A 'CAUFQRNI'A 1D-25-85 C HI -Cf, �MAIN 656 6FF 6 'HIS CERTIFIES THAT POSiTED IN THIS BANK H DE MMD INT VENTURE. AND:-COUNTY*-1OF--- BUT- E'.. RY CREEK JO P& SyV Firs t­60IZ4 i r LA�S'..w25-,000MM. m ­` � OL $1 M In -4 W !y 40 to endorsed9 a , 7th,�,below named payee upon presentment and surre�dei of this 1AYEE-M:i4 DIRIY."CREEK'- J,OIN TVENTURE , . INTEREST RATE: idu1T RITYDATEI q%PER A, -8 7ANNUM F mCOUNTY OE This deposit bears interest at the above rate from issue date to maturity date. Mtert"0isnot allowed after maturity unless cetificate is'automa t cally renewable: Interest will be Upon.renewal, at the prevailing rate. I "i . 1WQT.SAJj3"JECT TO CHECK/NOT TRANSFERABLE A 0 IZED SIGNA.TURE j SUI�r§T ..,WFI'ALINTEREST PENALTY REQUIRED FOR EARLY WITHDRAWAL V ow -p -M Hi K At A0171 0 m rn, O e9 O. Q Q _ n tit 00 0-11 Qn 23 rd ew MINING AND RECLAMATION PERMIT BUTTE COUNTY PLANNING COMMISSION a .6ATE:-(Registered --- Mail Rec.) ---85_7________________._ PERMIT NUMBER _ _ _41 _-08-08 - ASSESSOR'SwPARCEL NO. _ �- Pursuant to the provisions of Chapter 13 of the Butte County Code and the special conditions set forth below: karmela Minerals, Inc. is hereby granted a Mining Permit in accordance with application filed: 5/30/85 to allow a mining, backfilling and reclamation operation on property zoned A-2 (General) located at the end of the Dry Creek Road, 2 1/2 miles north of Messilla Valley Road, 5 miles south of Paradise, and as a condition of approval, to provide for the reclamation of this mined area in accordance with the approved Reclamation Plan on file. 1. As a condition of approval for the permit or the reclamation plan, or both, periodic inspections of the site by the public works department shall be made to evaluate continuing compliance with the. permit and the reclamation p1an. 2. The public works director may suspend the permit for a period not tD exceed fifteen (15) days where continuation of a violation will. adversely affect the public. In' the even'fof ­ a suspension, or should the public works director request disciplinary action, 'the planning commission shall immediately set 'a hearing thereon with not less than five (5) days notice to the operator. The planning commission, after:,completion of the hearing, may suspend or revolve the permit, or modify the permit, or may place the operator on probation should the violation found to e;.,i st be of a serious nature, adversely affecting the health and welfare of the residents of the county. 3. Upon a finding by the planning commission that;a supplemental guarantee for the reclamation of the mined land is necessary, a reasonable surety bond, lien on the property or a portion thereof, oe'other security guarantee conditioned upon the faithful performance of the reclamation plan shall be' -filed with the public works department. SPECIAL CONDITIONS; 1. Transitional areas between reclaimed property and will be sloped to minimize erosion and storm water shall be no steeper than 1:2 with no exposed cuts. natural contours runoff. Slopes 2. All reclaimed areas will have to be capable of withstanding an earthquake measuring 6.5. 3. Mine area which is denuded of vegetation to be no greater than acres at any one time. 4. Construct a perimeter ditch around the mine and plant site to convey storm waters away from disturbed areas. 5. Cover stockpiled soils with mulch, tarpaulin or plant with native grasses. 6. Reclaimed land to be revegetated leaving no exposed soils or cut banks. 7. Maintain a 15 foot no development area from the top of Dry Creek's, banks. B. Maintain native vegetation within 15 feet of Dry Creel:: banks. 9. Gravel Dry Creed; Road from parking area on-site to Messilla Valley. 10. Construct a 2 foot earthen berm adjacent to the plant site and between the creek and any disturbed area. 11. Construct ponds to accommodate design capacity + 100 year storm. Two feet of free board shall bb maintained at all times. 12. All fuels, oils or chemicals to be installed in double wall tank with monitoring system, or installed on an impervious surface surrounded by a berm sufficient to contain the tank's capacity. 13. A fully equiped fire trailer with pumps and hose to be maintained on-site at al -1 times. 14. Water diversion for pond makeup water to be no greater than .02 cfs continuous. 15. N61 - blasting permitted. 16. No transport of gravels off-site or sale of gravel permitted. (Gravelling of Dry Creek. Road is excepted). 17. Prior to issuance of the Use Permit (Mining Permit) applicant shall post a,:25,000 performance bond with the Director of Butte`-tCounty Public Works Department. le. Pr'i or t:o any mining activity, construction or,- i ssUance of any subsequent discretionary permit by Butte County Public Works or Buttetounty Environmental Health, applicant•shall obtain the f of l owing permits: .,,.. -" ^ � � a. Authority to construct from Air PollutionControl District. . .' b.` Waste discharge report from Regional Water Quality Control. C., Stream bed alteration agreement from Department of Fish and Game. d. Water right from State Water Resources Control Board, division of Water Rights. ' 19. Mining operation is to be conducted and improvements located as depicted on Plate I and described in the Reclamation Plan. 20. Dry Creek Road to be gravelled along existing travelled way from parking area to Messilla Valley Road (pavement standard per Public Works 9/5/85), modify width standard retaining depth standard. 21. Applicant must also comply with all other applicable State and local statutes, ordinance, and regulations. � I hereby declare that I have read the foregoing conditions, that they are in fact the conditions which were imposed upon the granting cf this mining permit, and that I agree to abide fully by said conditions. Cr DATED: � /--------------- ~�-~----'— ------������-- ����^/s��� AF��'ICANT ^n«�'=~�«�=�� e � DIRECTOR O��nUBLlC WORKS . ^� CC: Planning Department De' parmen o u t t f Public ic or s W k (2) State Geologist ` ' ` � ..� ` ' � (7) . . ~ c� � v m C5 Q C- o z { ww0 GD r -n 0 GQ : C co '1 �l C. Approve the proposed use permit, mining permit, and reclamation plan for a gold mine on AF 41-08-08 (Karmel.a: Minerals, Inc.) subject to the following mitigation measures.and conditions: Mitigation Measures: 1. Transitional areas between reclaimed property and natural contours will be sloped to minimize erosion and storm water runoff. Slopes shall be no steeper than 1:2 with no exposed cuts. 2. All reclaimed areas will have to be capable of withstanding an earthquake measuring 6.5. 3. Mine area which is dunuded of vegetation to -be no greater than 2 acres at any one time. 4. Construct a perimeter ditch around the mine and plant site to convey storm waters away.from disturbed areas. 5. Cover stockpiled soils with mulch, tarpaulin or plant with native grasses. 6. Reclaimed land to be revegetated leaving no exposed soils or cut banks. 7. Maintain a 15 foot no development area from the top of Dry Creek's banks. 8. Maintain native vegetation within 15 feet of'Dry Creek banks. 9. Gravel Dry Creek Road from parking area on-site to Messilla Valley. 10. Construct a 2 foot earthen berm adjacent to the plant site and between the creek and any disturbed area. 11. Construct ponds to'accommodate design capacity + 100 year storm. Two feet of free board shall be maintained at - all times. 12. All fuels, oils orIchemicals to be installed in double wall tank with monitoring system, or installed on an impervious surface surrounded by a berm sufficient to contain the tank's capacity. 13. A fully equipped fire trailer with pumps and hose to be maintained on-site at all times. 14. Water diversion for pond makeup water to be no greater than .02 cfs continuous. 15. No blessing permitted. '�„ ,.:. .s`"roe t'.•4s1�d1'9i�'.�"E�®�1��➢E.'�v7irl:. \B\ e.K��:•"i.�+1m1N�4����Y±9.y�`l1iQ..ti%'ILS� �.4� � � � ; ��a �.. e ' �.��'Y� .. 4.et>: '..,. 16. No transport of gravels off-site or sale of gravel permitted. (Gravelling of Dry Creek Road is excepted) 17. Prior to issuance of the.use permit applicant shall post a $25,000 performance bond with the Director of Butte County Public Works Department. 18. Prior to any mining activity, construction;or issuance of any subsequent discretionary permit by Butte County Public Works or Butte County Environmental Health, applicant shall obtain the following permits: • .• _ - _FinIXL b. Waste discharge report from RWGC. C. Stream bed alteration agreement from Department Fish and Game. d. Watmer ^a4 A4_.) d 19. Mining operation is to be conducted and improvements located as -depicted on Platej and described in the -Reclamation Plan. 20. Dry Creek Road to be gravelled along existing travelled way from parking area to Messilla.Valley Road (pavement standard per Public Works 9/5/85), modify width standard retaining depth standard. 21. Applicant must also.comply with all other applicabele State and local statutes, ordinances, and regulations. t 'P' S OC20 e� �/ /��ZQ�(' w��( _,Pi�-�,cc•c�(� Gz���yL��c f��i��e�icc���c-v / Cf� 1?i -v 1 T if +) Gene C. Albright Vice President FEW -tersUft First Interstate Bank Bank of California 201 Broadway Chico, CA 95926 916 343-3501 C sf � File Nc. BUTTE COUNTY (For'Ac ion 1,*2, 3) Public Works Dept. (For Information ✓ ) Director Dep. Dir. Sec. Rd. & Br. Mtce. Shop & Yards Bldg. Insp. Admin. Design Engr. Bridge Engr. Constr. Engr. Surveys Mapping T ran sp. Land Dev. Drng. /S.I. Sub. & Pct . Maps Permits Addr. t s PA/Vi yad ty I-a'nG JL - G jo ! o S— y cu lla�ry � l pft a y-sc, OCT 2 51985 4ORMANCE BOND TO CONDUCT MINIi For surface mining permit No. 85-72 CERTIFICATE OR DEPOSIT BOND NUMBER Site Location: SEC. 1 Twn. 22 N Rge 3E M.D.B&M COUNTY Butte KNOW ALL MEN BY THESE PRESENTS:. That we. KARMELA MINERALS INC., & BLACK GOLD, INC. dba Dry creek, JOINT VENTURE, as principals are corporations duly licensed to do business in the State of California, as surety are held and firmly bound unto the County of Butte, acting by and through the Department of Public Works, in the sum of Twenty -Five thousand and no/100 dollars ($25,000.00). Lawful money of the United States for the payment of which will and truly to be made we bind ourselves and our legal representatives jointly and severally by these presents.. DATES t"h i s 2-,5- day of 1985 .The condition of the above obligation is such that whereas the above principle is an applicant for a permit to conduct surface mining in Butte County pursuant to Butte County General Plan and Chapter 13, Section 13-106 of Butte County Code. - It is understood and agreed that the Department of Public Works may grant to principal extensions of time to complete his reclamation plan, which are based upon delays occasioned by causes beyond principal's control. Such extensions of time shall not cancel the bond, but continue it in full force and effect for the period of such extension of time. NOW THEREFORE, if the said principal shall faithfully perform the require- ments of the Use Permit, Reclamation Plan and Mining Permit filed with the Planning Commission and Department of Public Works; the terms and conditions of his operating permit; and the provisions of permit No. 85-72 and the rules of said County of Butte adopted thereunder, then this obligation to be void.,' otherwise to remain in full force and effect provided that if the surety elects to.cancel this bond as to subsequent liability, surety must give written notice to the principal(s) and to the Department of Public Works for Butte County at least thirty (30) days prior to the effective date of'cancellation. This bond shall remain in full force and effect until completion of the -reclamation of the s.ite -as --specified and. approved by the Department -of Public Works. ' �� �� �/�Cc�/� To/�'! Lac-.✓Tdli E Principal «c..X, lax T/1�%'yy"�-�L_., ' f�.fES .N�.C�1cG�4 .!evdt+G�st.S• v / 0/r. /SAS 4W GtC-r+rJrr 41& r. f- The undersigned Financial!Insti:tution accepts the assignment of the Certificate of Deposit and any doc.Ument(s) pertaining to the evidence of Deposit, and agrees.that any such documents) will be held for the term of deposit stated above;o.r until,- this assignment is released.by the Treasurer's Office of the County of Butte or is paid to the County of Butte upon its written demand. Said release ,or demand' for payment shall be in writing from the Treasurer or the Treasurer's Office'of the County of Butte. ACCEPTICO MAIN OFFICIE.ION 201 Broadway C/�ti' Chico, Callf. 958 Signature of Assignor0o5 /!�/JIVOcor;` . BY .Usy e r4. eze ul�vlv71 d,�it/lAi/ i i�v� TITLE V..t-cc Si' nature of Assignor`'�-���� g ' D.2�C.e� TY.vr lx 7o,BE/c_ L 6 - DATE' DATE ORIGINAL TO EACH OF:'-. DATE ACCEPTED BY BUTTE COUNTY BY TITLE DATE Assignor 'County Financial Institution 6 • 4ORMANCE BOND TO CONDUCT MINI For surface mining permit No. 85-72 CERTIFICATE OR DEPOSIT BOND NUMBER Site Location: SEC. 1 Twn. 22 N Rge 3E M.D.B&M COUNTY Butte KNOW ALL MEN BY THESE PRESENTS: That we KARMELA MINERALS INC., & BLACK GOLD, INC. dba Dry creek, JOINT VENTURE, as principals are corporations duly licensed to do business in the State.of California, as surety are held and firmly bound unto the County of Butte, acting by and through the Department of Public Works, in the sum of Twenty -Five thousand and no/100 dollars ($25,000.00). Lawful money of the United States for the payment of which will and truly to be made we bind ourselves and our legal representatives jointly and severally by these presents.. DATES -h i s 27-6- day of 1985 The condition of the above obligation is such that whereas the above principle is an applicant for a permit to conduct surface mining in Butte County pursuant to Butte County General Plan and Chapter 13, Section 13-106 of Butte County Code. It is understood and agreed that the Department of Public Works may grant to principal extensions of time to complete his reclamation plan, which are based upon delays occasioned by causes beyond principal's control. Such extensions of time shall not cancel the bond, but continue it in full force and effect for the period of such extension of time. NOW THEREFORE, if the said principal shall faithfully perform the require- ments of the Use Permit, Reclamation Plan and Mining Permit filed with the Planning Commission and Department of Public Works; the terms and conditions of his operating permit; and the provisions of permit No. 85-72 and the rules of said County of Butte adopted thereunder, then this obligation to be void; otherwise to remain in full force and effect provided that if the surety elects to cancel this bond as to subsequent liability, surety must give written notice to the principal(s) and to the Department of Public Works for Butte County at least thirty (30) days prior to the effective date ofcancellation. This bond shall remain. in full force and effect until completion of —the -reclamation -of the site as spec i f i -ed and - approved -by -the -Department -of-- ----- Public Works. 13 L).Q S! C�c�c�/� Toi�T Lac.✓Tds� E - Principal I, N2 23818.51 IgFw'st / Bank Non-Negotiable First ts Bank Time' Certificate of Deposit of Californialfornl i SSUED AT `. .. :,"CHICO MAIN 656 oFFICECHICO -. .. 'YYr�' ';;CALIFORNIA' DATE —• 10-25-85 M -HIS CERTIFIES •T„„HAT wmDRY -CREEK JOINT VENTURE AND .COUNTY.'OF.:.BUTTEo4wmm?4mmmaw.mm.mmt4NHASDEPOSITEDIN THIS BANK HE SUM OF split” 3' "J� { c 3 �� ti s^'�# - ;rte " DOLLARS ' WM25,000 00wm surrender of this certificate, properly end `.'sed, at the Issiiing office. ?ayable only to the below named payele upon presentment and ArEE,,,, D R Y CREEK JOINT VENTURE- A N ' INTEREST RATE %PER INTEREST PAYABLE : , , I MATURITY DATE n, 10-26-87 ANNUM r_,. , This deposit bears interest at the above rate from issue date to maturity date. Interest is not allowed after maturity unless certificate is automatically renewable. Upon renewal, interest will be at the prevailing rate. NOT'SUBJECT TO CHECK/NOT TRANSFERABLE PUTHo IZEO. SIGNATURE SUBSTANTIAL INTER EST PENALTYREQUIRED FOR EAR LY WITHDRAWAL N CA. A� r' ASSIGNMENT OF DEPOSIT TO: TREASURER OF BUTTE COUNTY FOR DEPARTMENT OF PUBLIC WORKS BUTTE COUNTY FOR BOND OR SECURITY DEPOSIT REQUIRED BY BUTTE COUNTY GENERAL PLAN AND BUTTE COUNTY CODE d. -per- 1 0...�G.e�►- 13 - 10 THIS ASSIGNMENT BY KARMELA MINERALS INC. AND BLACK GOLD INC. dba DRY CREEK JOINT VENTURE (Assignor) OF TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00). (Deposit Amount) REPRESENTED BY CERTIFICATE OF DEPOS.1r, (Evidence of ACCOUNT NO. Deposit) WITH �. '(Financi.al Institution) - IS PRESENTED TO TREASURER OF BUTTE COUNTY/DEPARTMENT OF PUBLIC WORKS' IN FULFILLMENT OF requirements of BUTTE COUNTY GENERAL PLAN AND CHAPTER 24, of Butte COUNTY CODE 7.) niwJ�N G PERMIT NO. IN SECTION 1, Township 21N, Range 3E.M.D. B. & M &M BALE COUNTY, CALIFORNIA. The undersigned Assignor does hereby assign, transfer and se over unto the County of Butte all right, title and interest in and to the Deposit /a"thority nt with the Financial Institution in the name of the Assignor, with full power and on the part of the County to demand, collect, and receive said Deposit Amounor the uses -and purposes prescribed by Butte County General Plan and C , of Butte County Code receipt and acquittance therefore. A✓a 7V 6✓A4,ir-f 7W o,- 7Vx dry Pc,e.,.l, IQGcL►rrl�r�Q✓ /'L�*,. o n -q -4c ic.c0-0i7 aA^-Ir" 7V Mr-~ CA -no --A-A-4 [d, "✓G. It is understood and agreed.that the Financial Institution will hold the Deposit Amount until the assignment is released by the County of Butte, or the'Deposit Amount is paid to the County of Butte upon its written demand.. It is agreed that the Financial Institution will hold the Evidence of Deposit in trust for the uses and purposes stated herein. Interest on the Deposit Amount shall be payable to the Assignor. The undersigned Financial Institution accepts the assignment of the Deposit Amount and any document(s) pertaining to the Evidence of Deposit, . and agrees that any such document(s) will be held for the uses and purposes stated above until this assignment is released by the County of Butte or the Deposit Amount is paid to the County of Butte.upon'its written demand. ACCEPTED BY FINANCIAL INSTITUTION Signature o (,,Assignor BY TITLE - Signature of Assignor DATE DATE ORIGINAL LTO EACH OF: Assignor County Financial Institution .'-Z (2) i +a PERFORMANCE BOND TO CONDUCT MINING For surface mining permit No. $ S"7a. BOND NUMBER Site Location: SEC. 1 Twn. 21 N Rge 3E M.D.B&M COUNTY Butte KNOW ALL MEN BY THESE PRESENTS: That we KARMELA MINERALS INC., & BLACK GOLD, INC. dba Dry creek as principal, and JOINT VENTURE, a corporations duly licensed to do business in the State of California, as surety are held and firmly bound unto the County of Butte, acting by and through the Department of Public Works, in the sum of Twenty -Five thousand and no/100 dollars ($25,000.00). Lawful money of the United States for the pay- ment of which will and truly to be made we bind ourselves and our legal representatives jointly and severally by these presents.. DATES this day of ,1985 The condition of the above obligation is such that whereas the above principal is an applicant for a permit to conduct surface mining in Butte County pursuant to Butte County General Plan and 4, of Butte County Code. It is understood and agreed that the Department of Public Works may grant to principal extensions of time to complete his reclamation plan, which are based upon delays occasioned by causes beyond principal's control. Such extensions of time shall not cancel the bond, but continue it in full force and effect for the.period of such extension of time. NOW THEREFORE, if the said principal shall faithfully perform the requirements a� filed with the Planning Commission and Department of Public Works; the terms and conditions of his operating permit; and the provisions of permit and the rules of said County of Butte adopted thereunder, then this obligation to be void, otherwise to remain in full force and effect provided that if the surety elects to cancel this bond as to subsequent liability, surety must give written notice to,the principal(s) and to the Department of Public Works for Butte = County. at least thirty(30) days prior to -the effecti ve date of cancellation. _F% 47 bd p r/�BLc� �!i✓+esr y.r /�vw ACIA- , 6 A(.A i t 'W771- 1 C'Orlp:c�a� O7- ?1N- C L+o �fca+tiM7u✓ Or ?bz t• -*';L .A -f 4V TIM e ,06,3,r. Ur- Pu., �� �✓u�ICf � t b Principal Resident Agent BY Attorney -in -Fact i Inter-®epartcnpnfaI Memorandum To: Bettye Kircher, Planning Director FROM: William Cheff, Director of Public Works SUBJECT: Karmela Minerals DATE: October 14, 1985 Attached is a copy of a letter dated September 19, 1985 to the Planning Commission from the law firm of Shepherd and Kennedy relative to the Karmela Minerals project. This letter indicates that Karmela Minerals has prescriptive use only of the Dry Creek Road. Recently we received a complaint from Lucy Cook, one of the property owners on which the Dry Creek Road lies. She complained about the widening of the road by the Karmela Minerals operations and the mess they were making without obtaining permission from the property owners. On Wednesday, October 9, 1985 I drove the road and it was in poor shape with piles of dirt on each side and some trees taken down. I also talked to Mrs. Cook about the situation. Our interpretation of prescriptive rights to use a road does not mean it can be widened without obtaining the permission of the adjacent property owners, We also met with the mine operators on Friday, October 11, 1985 and advised them to make peace with the property owners. They and Mrs. Cook met on Saturday, October 12, 1985, Mrs. Cook called me today, October 14, 1985 and stated they could not reach a suitable agreement and asked if I would bring this matter to the attention of the Planning Commission. Hence, the reason for this memo to you. WC/ss Attachment William Cheff Director of Public Works ly , File No. G �� ' /' —4A BUTTE COUNTY;—,..Ci4y or Action 1, 2, 31' Public Works Dept. (For Information or ) Director Dep. Dir. Sec. Rd. & Br. Mtce. Shop & Yards Bldg. Insp. Admin. Design Engr. Bridge Engr. Constr. Engr. Surveys Mapping Transp. Land Dev. j Drng. Sub, & Pcl. Maps Permits Addr. I SHEPHERD & KENNEDY AN ASSOCIATION OF LAW FIRMS .1074 East Avenue, Suite Q Chico, California 95926 (916) 891.5256 Law Firms Of MICHAEL T. SHEPHERD DAVID W. KENNEDY September 19, 1985 Butte County Planning Commission 25 County Center Drive Oroville, California 95965 Re: Karmela Minerals, Inc.. Permit and Reclamation Plan No. AP 41-08-08 Gentlemen-: I have been requested by Karmela Minerals, Inc., to address the question of whether Karmela Minerals, Inc. ("Karmela") has the legal right to.the use of those certain roads known as Mesilla Valley Road and Dry Creek Road, either by easement or prescriptive rights. FACTUAL BACKGROUND: . 1. Karmela Minerals, Inc., is the owner of approximately 127.6 acres located at the terminus of Dry Creek Road, which originates at Mesilla Valley Road, being approximately three- -fourths of one mile west of the Pentz-Magalia Highway. 2. Karmela purchased the property from Mr. Edward Blum. The Blum family had held recorded title to the property dating back to 1857. 3. The property has also been known as the Blum Placer Deposit and the Lyte Placer Deposit. 4. Gold mining operations have been conducted ori the property for well over 100 years, with the earliest gold purchase receipts from the U.S. Government dating back to 1857. 5. Mesilla Valley Road and Dry Creek Road have existed since 1857 and, at that time, were part of'the county road system. These roads were abandoned by the county in 1877, and maintenance Butte County Planning Commission Page 2 September 19, 1985 was thereafter assumed by the property owners. 6. Approximately 12 other properties are served by these roads. These properties are typically small farms and small ranches. 7. In 1971, a Record of Survey was filed with the County of Butte, Book of Maps, Book 54, pages 31, 32, 33 and 34. This Record of Survey was prepared for Mr. Edward Blum, the previous owner. The survey defined.the location of the easement. 8. Karmela intends to use the roads for ingress and egress. to its property and mine the property, as did the Blum family for in excess of 100 years. ISSUES: A. Whether Karmela and its successors in interest have acquired an easement by prescription for the purposes of access to the subject property and for uses consistent with prior use. of the property. B. Whether Karmela, as*successors-in-interest to Edward Blum, .et al., have an easement of access over the road to its property following the abandonment of the public road in 1877. DISCUSSION: A. An easement to use the property of others can be cre- ated by prescription. If the requisite elements are shown to exist,.prescription creates an easement in favor of the user. Highland Realty Company vs. San Rafael (1956), 46 Cal. 2d. 669, 298 P. 2d. 15. A user establishes a vested and permanent right or interest in the prescriptive easement, which attaches to and runs with the land, if the property was used continuously for a period of five years, under a claim of right, and in a manner which was open, notorious and clearly visible to the owner of the fee, with the use being hostile and adverse to the fee owner's rights. A prescriptive right can only be established by a prop- erty owner's failure to interfere with the use of his property which he has a legal right to prevent. One claiming a prescriptive easement must, with its succes- sors -in -interest, have used the property continuously and without interruption for the full prescriptive period, 5 years. This use need not be every day, but the use is sufficient if it occurs on those occasions when it is necessary for the convenience of the user. Scott vs. Henry (1925), 196 Cal. 666, 239 P. 314. Butte County Planning Commission Page 3 September 19, 1985 The use must be sufficiently visible, open, and notorious, so that one inspecting the fee owner's property would discover the existence of the use. Further, the use must have been known to the fee owner so that he or she would have been able t•o take steps to prevent the use. The open, visible and notorious use of the property raises an inference that the fee owner had either actual or constructive notice of such use. Hails vs. Martz (1946), Cal. 2d. 775, 172 P. 2d. 52. For the use to have been adverse and hostile to the'fee owner, it is sufficient that the use be made without the express or implied recognition by the fee owner of the user's rights. Sorenson vs. Costa (1948), 32 Cal. 2d. 453, 196 P. 2d. 900. One uses the fee owner's property under a claim of right if the user denies that it is using the fee owner's property with the owner's permission or under a license. Lord vs."Sanchez (1955), 136 Cal. App. 2d. 704, 289 P. 2d. 41. The use proposed to be made by Karmela is consistent with the use which has been historically made of the referenced roads, access to the property for mining operations. "The ultimate criterion in determining the -scope of a prescriptive easement - is that of avoiding increased burdens upon the servient tenament while allowing some flexibility in the use of the dominant tene- ment." Pipkin vs. DerTorosian (1973), 35 Cal. App. 3d. 722, 111 Cal. Rptr. 46. In Bartholoieew vs. Stah6-li (1948), 86 Cal. App. 2d. 844, 195 P. 2d. 824, the Court quoted with approval Sections 478 and 479 of the :Restatement of Property. These - sections state: Section 478: "In ascertaining whether a particular use is permissible under an easement created by prescription a comparison must be made between such use and the use by which the easement was created with respect to (a) their physical character, (b) their purpose, (c) the rela- tive burden caused by them upon the servient tenement." Section 479. "In ascertaining whether a particular use is permissible under an easement appurtenant created by prescription there must be considered, in addition to the factors enumerated in Section 478, the needs.which result from a normal evolution in the use of the dominant tenement and the extent to which the satisfaction of those needs increases the burden on the.servient tenement." It is the opinion of this writer that. Karmela Minerals, Inc., has a prescriptive easement for the purposes of access • Butte County Planning Commission Page 4 September 19, 1985 i to its property, which property shall be used for mining opera- tions. The disputed easement has been used continuously, notor- iously, openly, adversely and hostile to the rights of the fee owners, and under claim of right for a period vastly in excess of the five year statutory period. The use of the prescriptive easement so acquired was for access to property on which mining operations have .been historically conducted. The mining opera- tions proposed and the limitation on use of the road as proposed by the applicant are consistent with the historical use of the applicant's property and the referenced roads. B. Further, it is the opinion of this writer that on the abandonment of the county road in 1877 the adjacent property owners became vested with easements of access to their respective parcels, including the property now owned by Karmela. As stated in Miller and Starr, 3 California Real Estate, Section 18:64, page 382, "(U]pon the abandonment of a highway, any easement of access to any parcel which is adjacent to the highway survives and is not extinguished if there is no other access to a public street or highway. "Upon abandonment of a public street or highway, title to the street reverts to the owners of the underlying fee, which generally results in a reversion to the abutting property owners,. one-half to the owner on each side, subject to any private ease-. ments that may have survived the termination of the public ease- ments." (Citations -Streets and Highway Code §§837,' 960,. 960.5,, 1932; Safwenberg vs. Marquez (1975), 50 Cal. App. 3d. 30.1, 123 Cal. Rptr. 405. - This private right which would survive the abandonment of a public easement is one for access to and from his property and the general system of public streets, which allow-_ a reason- able and convenient access to.the property. The owner, of course, additionally has the -same rights as does the public."in general for unobstructed passage over a public street. However,, that right is distinctive from his or -her -pr I ivate easement, and is lost on the abandonment of the easement bythe governing body. However, the property owner's private easement in the.road remains after it is vacated or abandoned. Harman vs. San Fran- cisco (1972), 7 Cal. 3d. 150, 101 Cal. Rptr. 880. CONCLUSION: The applicant has existing prescriptive rights for the use.of'the Mesilla Valley Road and Dry Creek Road, which rights have ripened into an easement and are appurtenant to the land, Butte County Planning Commission Page 5 September- 19, 1985 being fully vested. These rights entitle the owner.to the use of those roads for operations not inconsistent w.ith.prior uses of the property. Further,* the applicant has an existing private. easement for access to the property, which is not restricted by use, following the abandonment of the county road;,in 1877. DI'cerely, V i Kennedy; :kkd 0 TO: FROM: SUBJECT: DATE: • gUTT� � �, �� Inter -Departmental Memorandum Bill Cheff, Public Works Director`--*. Laura Tuttle, Associate Planner Karmela Minerals Use Permit, Mining Permit and Reclamation Plan AP 41-08-08 July 26, 1985 Please determine the bond amount necessary to insure implementation of the proposed Reclamation Plan. LMT:lkt Attachment: Application for Use Permit Suggested Model Reclamation Plan Checklist with Addendum and Mitigation Measures/Conditions Map File No. Q, y 40, BUTTE COUNTY Public Works Dept,. Action 1, 2, 3) (For Information t/ ) Director Dep. Dir. $ec. Rd. & Br. Mtce. Shop 8 Yards Bldg. Insp. Admin. I Design Engr. Bridge Engr. ^� Constr. Engr. Surveys Mapping T ran s p. BUTTE COUNTY Public Works Dept,. Action 1, 2, 3) (For Information t/ ) Director Dep. Dir. $ec. Rd. & Br. Mtce. Shop 8 Yards Bldg. Insp. Admin. I Design Engr. Bridge Engr. ^� Constr. Engr. Surveys Mapping T ran s p. Land Dev. Drng. /S.I. � Sub, 8 Pcl. Maps Permits Addr. We have completed our review of the above -noted plan and recommend that a $25,000.00 performance bond be required to insure that the required reclamation work will be accomplished. d This bond needs to remain in full force and effect until all work is completed as stated in the reclamation plan. WC/ss File No. x,,. . E` ,, s BUTTE COUNTY (For Ac ton 1, 2,3) Public Works Dept. (F Information ✓) Director Dep. Dir. Sec. Rd. & Br. Mtce. Shop & Yards Bldgs. & Grnds. Bldg. Insp. Admin. Design Engr. Bridge Engr. Constr. Engr. Surveys Mapping Transp. Land Dev. Drng. /S.I. Sub. & Pcl. Maps Permits Addr. William Cheff . Director of Public Works C, 4b Inter-®epartmenta b Memorandum To: Bettye Kircher, Plnning Director FROM: William Cheff, Director of Public Works SUBJECT: Karmela Minerals -Mining and Reclamation Plan DATE: July 29, 1985 We have completed our review of the above -noted plan and recommend that a $25,000.00 performance bond be required to insure that the required reclamation work will be accomplished. d This bond needs to remain in full force and effect until all work is completed as stated in the reclamation plan. WC/ss File No. x,,. . E` ,, s BUTTE COUNTY (For Ac ton 1, 2,3) Public Works Dept. (F Information ✓) Director Dep. Dir. Sec. Rd. & Br. Mtce. Shop & Yards Bldgs. & Grnds. Bldg. Insp. Admin. Design Engr. Bridge Engr. Constr. Engr. Surveys Mapping Transp. Land Dev. Drng. /S.I. Sub. & Pcl. Maps Permits Addr. William Cheff . Director of Public Works C, r to 40 '�" /rho od o _ _Y�y- "' _ ZGO /r,✓�. &LICATION FOR USIhOERMIT BUTTE COUNTY PLANNING COMMISSION i j APPLICANT: Read and follow instructions as set forth on attached sheet. Applicant's name KARMELA MTNFR AT,S , TNC _ Phone No. 91 6) -„931}-+10)2 Applicant's mailing address P.O. Box 925 , Loyalton, Calif. 96118 993-1139 Applicant's interest in property (Owner, Lessee, other) nwmm Owner's name and address Above Contact person for project (if other than applicant) address or telephone. Assessor's parcel number(s) R Maz No_ 41 -n8 Present zoning Agri cul ttir Location and size of parcel.(s) 1 ng -6 ArreS i I Street address NA Z Directions for travel to property.(rural and mountainous areas only):: T,neated at the end of Dry Greek Rnad 2.7 miles from pavement on Marsilla Vally Road. J Description of'proposed development and use .To develop and mine a proven -lacer gold deposit. This involves the. mining, -washing and extraction of container. U. old from old channel gravels. Backfilling.and reclamation of the mined area will be.concurrent but, will lag approx. 30 days behinj. Description of existing land use Na,�f; PO0o das IgRigg/�sS cS aYerd* le mining. Mining w ll start. nPndina nPrmit,_ P e c i c a ro is YL�-1 —n Z Q Anticipated incremental development J 8 vProject s an ici.pa e yr. i e. Building construction (state dimensions, square footage and materials used) J 0- a. Existing buildings Two old house-, and three outhui l d i ngs . Del a nidat=.d. d Q b.. Proposed buildings NO n -rmi n n , structures ar planned. Hazardous materials to be used (inflammables, explosives or strong chemicals) Diesel: fuel. iio chemicals are used in the washing and recovery process. Daily hours of operation 1 fl ji t.i 'l=16JD0SSi1) 1a Number of employees 3 Jj t,i al -;inn; ihl c Number of off-street parking spaces provided NA Existing/roposed sewage e disposal method: Rented c toilets . At a latter date th=re may tecome a need for septic for traiier quarters. ot planned no -.,r. Proximity of power and phone lines:Power I ine runs to south end of ro erty. Not 2lose to planned area of development. Power will be genera e . istanc to natural water course or storm drain: Prnp Pyr ha 6, T)rV Creek run n i n g through i t _ o storm drains. Anticipated on and off-site drainage improvements: !rh.e maAn rl-rnJriage improvement w111 b a and which will catch any overflow which might occur which could cause he settling ponds to over -;.low. Other diversion as needed. Water source:gtp—' gnil-rCP gill'°=hp -from Dry Creek. The nrol ert�r Oarries the Total water ri hts-from Dry Creek. Proximity of water for fire-Tighting purposes (hydrants, ponds, etc.) Pum, ,; l l jae placed firfir- _ purposes along with the required fire extinguishers for equipment, etc. Will excavation or grading be necessary? Cubic yards (esti mate):0 i�a� 12 —r� v� An estimated 300,000yds. mining. All'.to be replaced,:=graded and seeded. 0 J J la. Z Q V J CL CL Q J Z CD W CO* W U 4. La.. Q List and describe any other re Permits and other public approvals re uie this project, including those re cuired by city, regional, State and,Federal agencies: KPQ I amaTi on 11_an re =efit by Gotmty 0_t' B tttP A_ttpresentwe are not aware of any additional permits required. Stream crossing permits have been -obtained from the U.S.F.S, along with a ermit to extract.water from Dry Creek. RESIDENTIAL, include the number of units, whether units are single or mul.ti-story in.height, schedule of unit sizes, and type of household size expected. NA IF COMMERCIAL, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities. . NA IF INDUSTRIAL, indicate type, estimated employment per shift, and loading facilities: Mining, with estimated Three to Five employees. }. IF INSTITUTIONAL, indicat2 the major function, estimated employment ped shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. NA ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES* Identify potentially significant environmental impacts associated with the use permit. What project design features or special conditions of approval (mitigation measures) are proposed to alleviate potential environmental impacts? i ENVIRONMENTAL- SETTING* Describe 'the project site as it exists before the project, including information on topography, soil stability, plants and ani- mals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the. use of the structures. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate *the type of land use (residential, commercial, etc.) intensity of land use (single-family, apartments, shops, depart- ment stores, etc.), and scale of development (height, frontage, setback, rear yard, etc.). * Use separate sheet for longer responses. I hereby declare under. penalty of perjury that I have read and understand the instructions and that the foregoing statements are true, complete and correct to the best of my knowledge and bVl��{i MELA MINERALS, INC . By: Date. Applicant's signature wise -Pres. ame_a inera s, inc. Date Property owner's Signa re Use Permit Number Request: Use permit to allow. Location and size of,parcel(s) VERIFY: A.P. Number(s) Project Description Ownership Zoning and Requirements Proof of Agency (if -needed) Location Description 20 Copies of Plot Plan a; , "r Date Received` r $ Receipt Number Application taken by_ ENVIRONMENTAL IMPACTS'AND '.MITIGATION MEASURES The anticipated environmental impacts from mining operations are minimal in that the mining area presently comprises old mine workings, tunnels and cobble -dumps with veg•itation limited to meadow ..grass, occassional clumps of secondary distiurbed soil vegitation such as, poison oak, willow clumps and occaissional small oak and brush. There are several large oak and pinle.trees within the area to be mined. However, to help preserve theiesthetic value of the area, these large trees will be left in place and.not damaged. Approx. 70/ of the area to be mined is open meadow. The mining. plan calls for stripping of the top. -soil wh'ch is from 1ft. to 2 ft. thick, stockpiling this .topsoil into iwindrows for respreading when the backfilling progresses to a point when thi.s would be feasible. Gras.s will then be seeded forming open meadows very like those before mining. Dry Creek flows through the property and contains some fish and wildlife habitat along it's banks.. In order to minimize.environmental impact of this habitat.it is planned to leave a 10 to 15 foot.undisturbed zone along both sides of Dry Creek. Becouse the mining plan -calls for -the saving and recirculting of water necessary.for the washing of the gravel and no chemicals are to be used for the recovery of gold.values there should be no change: ,. in water quality of Dry Creek. There.should be no effect on••ground water in.the area, i.e., ground water aquifers. The channel to be'mined is very dry and bei-' rock carries little or no water. The only aquifers known in the Dry .Creek canyon are those between the volcanic flows of the Tuscan Formation. Mining will in no way disturb these aquifers Becouse excavation -will not come within 500 ft: of the lowest Tuscan outcrop. ENVIRONMENTAL SETTING The subject property is located near the head of.Dry Creek Ca.lyon and at the end of,Dry Creek Road.. Elevation of the property varier, from 750ft. to 1200ft. Topography is a mixture of gently sloping sidehills covered with oak, conifers, and brush along with fairly flat open meadows. Indications of mining over the past 100 years is evidenced by tunnels and dumps, excavated pits, large tailings ponds.and steep hydrauliced faces the latter which can be seen downstream from the subject.property. Lands adjacent to the subje--t property are relatively steep with heavy tree and brush cover. The closest residence to the property is at its south line and is owned by Mr. Logan. It is understood that Mr. Logans property has been permitted for mining and an operation is planned for the very near future. This is the closest residence to the property and no..others are within one mile nor within visual sight of the project. Ekisting structures on the property consist of two v.ery•old . and rundown houses plus three outbuildings. None of these structures are in use'and oily one of the outbuildings will be used for.shop purposes.* .t I I II i11'I'I:NDI X I' I:OUNTY OF BUTT'►; 1:NV IRONM1:NTA 1. CI I I:CK L I ST I:0RNI (to be completed by Lead Agency) I,og 11 85-06-04-03 AI' A 41-08-08 BACKGROUND 1. Name of proponent -_Karmela Minerals, Inc. 2. Address of proponent and representative (i.f applicabl.e) Karmela Minerals, Inc. X16 T-9-75" — ya�,t�r� ; -CA 3. Project description MANDATORY FINDINGS OI: S I l N I F I C.ANCE Does the project have the potential to degrade the dual, ty of tile. crla, i ronment , substant.i al ly redlfcc the habitat of a fish or wildlife species, cause .1 fish or wild i fe popUl lt.ion to drop below SC f- sustain:i.ng levels, threaten to el inl:inatc 1-1 plant or animal conunlul.i.ty ,. reduce the number or restrict the range of a rare, or endangered plant or aninla:l 01- eliminate reliminate .important examples o1' the major periods of California history or prehistory? IF b. Does the project have the potential to achieve short -tern) henel-its to the detriment of long-term, env i ronmenta.L goals? (A shirt - t:ernl impact on the environment is one which occurs in a relatively brief period of time while long-term il"I" is will endure into the futlrr0.) YFS MAYBE. NO X_ — C . I)oes the project Have impacts which arc individtl- ally limited, but cumulatively considerable"? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) d: Does the project have environmental effects which Will cause sl.lhstantial adverse effects on hul»an beings, either directly or indirectiv? 11I. DETERMINATION ('1-o he completed by the Lead Aucncy) On the basis of- this initial evaIL1ati01l: 1/WE find the proposed proiect COULD NOT have a significant effect — on the env i ronnlcnt , and a NP.GATI VI: DITLARAT'I ON will be prepared. l/WF find that although the proposc(I project could have a signifi- 7/25�,g< Cant effect on the envi ronment, there wi l l not he a signi ficant effect .in this case because the MITIGATION NIFASURES described on the attached sheet have been added to the project. A Nl',(;ATTVE DITEARAT I ON w i l l he 1)1-01):1 rod . 1/WE find the propose(.I project N10 have a significant effect on the env 1 I.011111ellt , and an ►INV I RONNIEN'I'AI, I IMPACT RT:I'ORT i s rcdui red . DAT 1: July 11 , 198 5 f:OUN 1-Y of: RU'I" IT , I'LANiN I NG 111*:PAR'rM N`I' Laura Tuttle, A- ociate Planner R0viewe(f hv: ��-_�__�� — IV. ENVIRONMENTAL IMP (.Explanations o a ''yes" on attached sheet(s)) and "maybe" answers !!`e required 1. EARTH. Will the proposal result in significant: a. Unstable earth conditions or in changes in geologic substructures? b. ;Disruptions, displacements, compaction or overcovering of the soil? C. Change in topography or ground surface relief features? d. Destruction, covering or modification of any ,unique geologic or physical features? e. Increase in wind or water erosion of soils, either on or off-site? f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a.river or stream or the bed of the ocean or any bay, inlet or lake? g. ;Loss of prime agriculturally productive soils !outside designated urban areas? h. 'Exposure of people or property to geologic !hazards such as earthquakes, landslides, mud - Slides, ground failure or similar hazards? YES MAYBE NO 2. AIR. Will the proposal result in substantial: a. Air emissions or deterioration of ambient air quality? b. The creation of objectionable odors, smoke .or fumes? c. Alteration of air movement, moisture, or temperature, or any change in climate, locally or regionally? 3. WATER. Will the proposal result in substantial: a. Changes in currents, or the course or direction of water movements in either marine or fresh waters? 3L b. Changes. in absorption rates, drainage patterns, or the rate and amount of surface runoff?. c. Need for off-site surface drainage improve- ments, including vegetation removal, channel- ization or culvert installation? AL d. Alterations to the course or flow of flood waters? .L e. Change in the amount of surface water in any ;water body? f. 'Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved ozygen or turbidity? g. 'Alteration of the direction or rate of flow of ground waters? h. Change .in the quantity of ground waters, :either through direct additions or with- drawals, or through interception of an aquifer by cuts or excavations? i. Reduction in the amount of water otherwise available for public water supplies? X. j. ;Exposure of people or property to water related hazards such as flooding? -2- YES MAYBE NO 4. PLANT LIFE. Will the proposal result in substantial: a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? �( b. Reduction of the numbers of any unique, rare 7! or endangered species of plants? c. Introduction of new species of plants into an area, or in a barrier to the normal replenish- ment of existing species? d. Reduction in acreage of any agricultural crop? S. ANIMAL LIFE. Will the proposal result in substantial: a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shell fish, benthic organisms or insects)? b. Reduction in the numbers of any unique, rare or endangered species of animals? C. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? d. Deterioration to existing fish or wildlife habitat? 6. NOISE. Will the proposal result in substantial: a. Increases in existing noise levels? b. Exposure of people to severe noise levels? 7. LIGHT AND GLARE. Will the proposal produce significant light and glare? 8. LAND USE. Will the proposal result in a suMsantial alteration of the present or planned land use of an area? 9. NATURAL RESOURCES: Will the proposal result in su stantial: a. Increase in the rate of use of any natural resources? b. Depletion of any non-renewable natural resources? o 10. RISK OF UPSET. Will the proposal involve: a. A risk---oT risk---oexplosion or the release of hazard- a.ous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in'the event of an accident or upset conditions? b. Possible interference with an emergency response plan or emergency evacuation plan? 11. POPULATION. Will the proposal alter the location, istri ution, density, or growth rate of the human population? 12. .:HOUSING. Will the proposal affect existing housing, or:cr.eate a demand for additional housing? -3- X Le IN 13. 14. TRANSPORTATION/CIRCULATION. Will the proposal result in: a. Generation of substantial additional vehicle +movement? b. :Effects on existing parking facilities, or demand for new parking? c. Substantial impact on existing transportation systems? d. -Significant alterations to present patterns hof circulation or movement of people and/or ;goods? e. Alterations to waterborne, rail or air traffic? f. IlIncrease in traffic hazards to motor vehicles, ;bicyclists or pedestrians? PUBLIC SERVICES. Will the proposal have an effect upon, or result in a need for new or altered governmental services: a. Fire protection? b.. Police. protection'. c. Schools? d. -Parks or other recreational facilities? e. 14aintenance of public facilities,.including roads? f. 'Other_ governmental services? 15. ENERGY. Will the proposal result in: a. Use of substantial amounts of fuel -or energy? b. Substantial increase in demand upon existing isources of energy, or require the development of new sources of energy? 16. UTILITIES. Will the propsal result in a need for new systems, or substantial alterations to the following: a. Power or natural gas? b. 'Communications systems? c. Water availability: d. (Sewer or septic tank? e. 'Storm water drainage? f. ;Solid waste and disposal? 17. HUMAN -HEALTH. Will the proposal result in:. a. Creation of any health hazard or potential ,health hazard (excluding mental health)? b. Exposure of people to potential health +hazards? 18. AESTHETICS. Will the proposal result in the o struction of any scenic vista or view open to theepublic, or will the proposal result in the creation of an aesthetically offensive site open to public view? i I _.n - YES MAYBE NO FA X % % YES MAYBE NO 19. RECREATION. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? 20. CULTURAL RESOURCES. a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? b. the proposal result in adverse phys;cal (Will or aesthetic effects to a prehistoric or !historic building, structure or object? c. Does the proposal have the potential to cause a physical change which would affect unique !ethnic cultural values? d. Will the proposal restrict existing religious or sacred uses within the potential impact area? V. DISCUSSION OF ENVIRONMENTAL EVALUATION AP 41-08-08 See attached sheets. C) 0 -S- DISCUSSION OF ENVIRONMENTAL EVALUATION AP 41-08-08 Site Description: The site is located near the head of Dry Creek canyon, in a historic mining region. Though the New Era Mine (tunnel and shaft) has been abandoned, Mr. Logan immediately south holds a Use Permit for an open pit, wet mining operation. Past mining operations are evidenced by tailing piles, pits, tunnels, etc. The applicant will be working the Blum placer deposit, a known auriferous channel. It is an ancient river channel measuring 8-20' deep, 400' wide. Much of the deposit and overlying materials have been eroded away, leaving an estimated 2-1/2' of overburden. Of that figure, 2' is Peters Clay Loam (topsoil), underlain by a 6-8" seam of impervious clay. 1 The mining.operation will be open pit, 18' deep over a 16 -acre area. Approximately 2 acres will be exposed in the pit at any one time. Blasting is neither necessary nor anticipated. Gravel will be transported via conveyors to the plant site, a distance varying between 200 and 800 feet. Gravels will be processed with a trommel (cylindrical scrubber) which washes and sorts the materials. The minus 1/2" and 1/2 to 1-1/2" materials are run through sluices where gold is trapped. Any gravel over 1-1/2" passes through the trommel to waste. Three settling ponds and one overflow pond will be constructed for the capture and clarification of waters used in the process. Flocculants will not be used. Approximately 270,000 gallons of water will be (=) circulated through the system per shift, with 15,000 gallons of makeup water coming from Dry Creek. No water is discharged to Dry Creek from the mine. Reclamation and mining will be continuous, with the former lagging approximately 45 days behind. Backfilling of wastes will be done with a loader and caterpillar tractor. All lands will be reclaimed. The following environmental impacts and concerns have been identified for this proposal: 1a: Mining operations will remove approximately 2' of soils, and 16' of gravels down to bedrock. After removing the gold, pits will be backfilled with gravels and graded to approximate a natural landform. Transitional areas between reclaimed property and natural contours will have to be sloped to minimize erosion and stormwater runoff. Slopes should be no steeper than 1:2, with no exposed cuts. All reclaimed areas will have to be capable of withstanding an earthquake measuring 6.5 on the Richter scale. i 1b: Eighteen acres within Dry Creek canyon will be disrupted on a 109 -acre parcel (16-1/27.). Soil will be temporarily displaced into windrows prior to reclamation. Reclamation involves backfilling pits with stratified gravels and covering with topsoil. A total of 312,000 cubic yards will be excavated. D 1c: On-site topography will be altered during the life of the mine 1:5 years). The gravel channel will be excavated to a depth of 18', 450' wide, and approximately 2000' long. Four ponds will be excavated on a bench at an' elevation of 860'. Dry Creek's channel and gradient will not be altered. Future elevations at the site were not submitted and therefore are not known. Reclamation will involve contouring to minimize erosion and stormwater runoff. To achieve this end, the property will have to slope gently up to the 900' contour. 1e: Erosion of soils could occur at numerous points in the process including: (1) wind/water erosion after vegetation clearing; (2) wind erosion during excavation; (3) wind/water erosion of stockpiled soils; and (4) water erosion from rains/stormwater runoff. Erosion can be significantly reduced by observing the following mitigation measures: 1. Mine area which is denuded of vegetation to be no greater than 1 acre at any one time. 2. Construct a perimeter ditch around the mine and plant site to convey stormwaters away from disturbed areas. 3. Cover stockpiled soils with mulch, tarpaulin or plant with native grasses. 4. Reclaimed land to be revegetated, leaving no exposed soils or cut banks. 5. Maintain a 15' no -development area from the top of Dry Creek's banks. 6. Maintain native vegetation within 15' of Dry Creek's banks. 1g: The property is not suited to agricultural use as it exists. After brush is cleared away and soils reseeded, it may support winter and spring grazing. 1h: An inferred fault passes 1 mile southwest of this property. All disturbed areas will need to be reclaimed, graded, contoured to withstand an earthquake measuring 6.5 on the Richter scale. 2a: Sources of dust on site include: excavation, transport, stockpiles and traffic on dirt roads. Dust generated by excavation is difficult;to control. I Recommended air mitigation measures include:. 1. Install a high-pressure, low-volume mist system along the conveyor transporting material to the plant site. 2. Install a high-pressure, low-volume mist system at the point of discharge of 1-1/2"+ material to the waste dump. 7 3. Gravel Dry Creek Road or run a water truck over the road before and after each shift prior to use by employees. 4. Obtain an "authority to construct" permit from Air Pollution Control and install the required facilities. 3b: Existing permeability rates are slow, causing much of the stormwaters to run off into Dry Creek. During mining operations, natural drainage should be channeled away from the mine site and intD Dry Creek. Sheet flow will be arrested by construction of berms around the plant's west side and on both sides of Dry Creek. These changes in the drainage patterns are temporary; a more natural pattern will be established with reclamation. The natural drainage was modified by previous mining activities and road construction. 3e: The reclamation plan indicates that 15,000 gallons per shift will be diverted from Dry Creek. This amount will make up water lost to evaporation out of the settling ponds. Two local Fish and Game wardens have indicated that Dry Creek may be unable to support this great a diversion. Warden Bishop estimates that 15,000 gallons is greater than winter flows. This diversion may dry the channel on site and significantly reduce flows downstream. Accretion from stormwaters and springs will deposit some waters downstream. A water rights permit from Division of Water Rights and water diversion permit from Fish and Game are required. 3f: Mine waters will not be discharged into Dry Creek, but into a closed system of settling ponds. Potential for accidental discharge can be reduced by implementing the following mitigation measures: 1. Construction of 2' (minimum) berms adjacent to the plant site and between the creek and any disturbed area. 2. Construct ponds to accommodate design capacity + 100 -year storm. Two feet of freeboard should be maintained at all times. 3. All fuels, oils or chemicals to be installed in double-wall .tank with monitoring system, or installed on an impervious pad surrounded by a berm sufficient to contain the tank's volume. 3g,h: A geologic report prepared by Wesley Paulsen on an adjacent property (Logan, 1982) indicates that the Tuscan formation overlying auriferous gravels and the New Era formation is the primary water -producing formation of the area. Groundwater entering this formation west of Dry Creek is expected to move southwest. This is indicated'by the many springs in canyons to the west. The many springs in use along the west wide of Dry Creek canyon are at an apparent contact between the Tuscan and New Era formations. This contact is at an elevation between 800 and 900 feet. No significant springs were found below the Tuscan -New Era contact. Applicant has indicated that the Tuscan -New Era contact <; s . 1 C 4b �f F averages 80' above and 400' away from the mine site. Verification of the contact's location has been requested. I If mining will not involve the Tuscan formation, groundwaters and springs will not be affected. Groundwaters may be affected if a well is drilled. 3j: A Zone "A" flood boundary has not been.designated on site at Dry Creek. The.plant site and ponds are located 300 to 400 feet east of Dry Creek, outside of any potential flood zone. 4a: The property is covered with grasses, brush, scrub oak, and a flew pines. Some fruit trees are located around the old cabin at the southwest property line. Dry Creek supports a lush band of riparian vegetation. Water diversion will have a negative impact on riparian vegetation'on site and downstream. Water levels must be maintained to preserve this rare and valuable habitat. The reclamation plan indicates a 15,000 -gallon diversion, possibly more than Dry Creek's entire flow. 5d: Mining activities have the potential to reduce habitat values on and off site. Wildlife will be disrupted by noise, human activity and improvements (ponds, pipes). Wildlife dependent on riparian habitat, maydie or relocate onto adjoining lands. Aquatic life including a trout fishery and, further south, a warm water fishery may face catastrophic destruction. Impacts to fish, wildlife and riparian vegetation are long term. Once destroyed, a habitat and species may never come back. The Paradise warden has indicated that a 1603 Agreement entered into by Karmela Minerals indicates that diversion shall never exceed 1/2 of the flow. 6a: Noise increases will occur on site from machinery, and off site from traffic along Dry Creek Road. The mining operation will use the following equipment: 988 Loader: 84.5 dB Pumps: 2 at 98 dB Caterpillar: 107 dB Conveyor: 98 dB Trommel: 105 dB Grader: 108 dB C Generator: 96 dB 1 With all machinery working at once, at peak performance, noise CD output is estimated to be 112.25 dB. Accounting for wave divergence and no'excess attenuation, noise at the property line is approximately 84 dB, 55,dB at the nearest occupied residence. The nature of the mining process makes it unlikely that all equipment will be operated at once. Therefore, actual noise levels will be less. Noise generation is within the guidelines established by the Butte County I� 9 f , General Plan Noise Element and Federal standards. An additional 6-10 vehicle trips per day may affect 2 residences off of Dry Creek. This traffic will be generated by the 3-5 employees in passenger cars and trucks. The operation does not involve transport of material off site and therefore will not utilize heavy trucks. Upgrading of the road surface will be a one-time noise source to the benefit of all residents. Given the site's physical isolation, distance from residents and temporary nature, an increase in noise will not result in significan- impacts. 8: Evidence of previous mining activities is on this and surrounding properties. Open pits and mine shafts are visible. In 1981, a Use Permit was granted on AP No. 41-08-27 immediately south to allow open -pit mining. 9b: Mining will make more gold available on the market. Gold reserves will be depleted on site. 10a: Risk of upset is minimized by storing fuels on an impervious surface surrounded by berms or "dams" sufficient to contain the tank's contents. Storage-ponds/settling ponds will need to accommodate design capacity plus rainfall from a 100 -year storm (see 3f). 12: Two residences may be affected by the estimated 6-10 daily vehicle trips. Dry Creek canyon is very isolated; there are no residential developments within it. Surrounding properties are primarily open, some are grazed. Few residences take access off Dry Creek Road. 13: Dry Creek Road is unimproved, narrow, and in places has deep ruts. Itis passable in a passenger car with a high ground clearance, crawling along. It winds around trees, next to a barn and corral and in front of three houses, two of which are occupied. The road ends at this property. One must travel 2-1/2 miles (+/- 20 minutes) to the nearest paved road, Messilla Valley Road. O Dry Creek Road will need grading, widening and possibly gravel to permit emergency vehicle access. The deteriorated state of the road evolved over years and is in no way attributable to the applicant. However, year-round traversable access must be provided for employees and emergency vehicles. Impacts to the road will be reduced by structural improvements or ferrying employees: 14a: The Butte County General Plan Safety Element rates the on -sits fire hazard as high. Operation of equipment, storage of fuel, steep terrain and'poor access exacerbates hazards. To reduce fire hazards, a fully equipped fire trailer with pumps and hose should be maintained 10 i on site at all times. The California Department of Forestry will be contacted to ensure that all precautionary measures available are taken. 14e: Dry;Creek Road is a private road. This property includes.a 60' easement to Messilla Valley Road. It has been surveyed and recorded. in Record of. Survey, Book 54 at pages 31-34. 15a: On-site machinery will be powered by diesel fuel and a generator: The scale of operation wouldn't.appear to require large quantities of fuel. However, information on the rate of consumption and amount of storage needs to be submitted in order to determine the level of impact. 16c: A Grant Deed dated 5/20/85 recorded 5/24/85 conveyed the property and 200 miner'.s inches to Karmela Minerals. A notice of water appropriation for 200" dated 11/11/1881 was recorded 1/10/77. A notice of water appropriation for 50 miner's inches dated 8/30/1912 was recorded 8/21/1962. These documents appear to substantiate the property's water rights. A water rights permit shall be secured from the California Division of Water Rights and recorded with Butte County. A water diversion permit is required by the Department of Fish and Game under Government Code Section 1603. CY (Note: a miner's inch is one inch of water 12 inches wide, the approximate width of a sluice.) 16d: Sanitation facilities must be provided for employees. O 16e: Stormwater drainage (perimeter ditches, berms, ponds) is necessary Ito protect the water quality of Dry Creek (see 3f). 16f: All1solid waste must be disposed of in an acceptable manner, with no refuse remaining on site after operations cease. The Neal Road facility will accept garbage and trash, no oil or large equipment. A list of facilities accepting oil or equipment may be obtained from the Butte County Public Works Department. i 17b: Release.of diesel fuel, overflow of the settling ponds, or wildfire will expose surrounding residents to health hazards. All of these potential impacts can be reduced to an insignificant level by complying with the suggested mitigation measures. 1 20a: Oldimine shafts and homesites are located on the property. An archaeological survey prepared on the property immediately south indicatedithat these mine shafts have no historical significance. Comments will be solicited from the Office of Historic Preservation in order to determine whether the shafts may be filled in. Mining activities are not in the vicinity of either cabin-homesite, and therefore should not affect them. II. The applicant is proposing to divert 15,000 gallons a day from Dry Creek, more than Warden Bishop says is available. Diverting all available'waters from Dry Creek will destroy woodland riparian habitat, a valuable limited habitat. Not only will the plants be destroyed, but the animals which feed on them will be significantly affected.i Dry Creek supports trout (north end) and warm water (south end) fisheries, both of which will be significantly impacted. An alternative water source should be secured. As proposed, the project has the potential to result in the following cumulative impacts: * Water diversion - fish, wildlife, riparian vegetation water quality and temperature O * Traffic - increased demand on a substandard dirt road in disrepair, dust potential I * Increased fire hazard and lack of fire protection equipment and services * Securing an alternative water source may affect natural springs and surrounding owners' water supplies. 12 i Applicant: Karmela Minerals, Inc. i DATA SHEET Assessor's Parcel # 41-08-08 Log # 85-06-04-03 A. Prolect Description I 1. Type of Project: Use Permit, Mining Permit and Reclamation Plan. 2. Brief Description: Gold mining of abandoned stream channel. Disruption and reclamation of 18 acres. 3. Location: At the end of Dry Creek Road, 2-1/2 miles north of Messilla Valley Road, 5 miles south of Paradise. 4. Proposed Density of Development: 2 -acre operation area, 16 -acre excavation on 109 -acre parcel. 5. Amount of Impervious Surfacing: Less than 2 acres. << 6. Access and Nearest Public Road(s): Dry Creek access, Messilla Valley nearest public road. 7. Method of Sewage Disposal: Septic tank and leach field. 8. Source of Water Supply: Dry Creek. 9. Proximity of Power Lines: To parcel immediately south. 10. Potential for further land divisions and development: Unknown: -limited by topography, access,. distance to services. B. Environmental Setting • .�. u99. 1. Terrain a. General Topographic Character: Upper end of narrow canyon with sloping side hills. Property stops short of steep canyon walls. b. Slopes: 10-209 in mine site, 409 at upper reaches of property. cl. Elevation: 750-1200'. d. Limiting Factors: Ground stability. 2. Soils a.. ;Types and.Characteristics: Peters Clay Loam, 2' underlain :(in sequence) by Tuscan formation, New Era gravel, Blum i -placer gravel, Mariposa Slate. bi Limiting Factors: Very low permeability. 3. Natural Hazards of the Land a: Earthquake Zone: Inferred fault 1 mile southwest. b. Erosion Potential: Moderate. c: Landslide Potential: Moderate. d' Fire Hazard: High. e: .Expansive Soil Potential: Low. 4. Hydrology a.. Surface Water: Two branches of Dry Creek on site. Numerous springs in hillsides.at contact between Tuscan and New Era formations. b. Ground Water: Available at interface of Tuscan and New Era formations. c, Drainage Characteristics: Canyon drains to Dry Creek. 14 Q d. Annual Rainfall (normal): 4099. e. Limiting Factors: Low permeability generates stormwater runoff. 5.' Visual/Scenic Quality: High - extremely low population density. 6. Acoustic Quality: Generally excellent; Logan Mine may generate sporadic noise. 7. Air Quality: Excellent. Biological Environment: 8. Vegetation: Grassland, oak woodland, scrub oak, brush, poison oak, riparian vegetation along Dry Creek. 9. Wildlife Habitat: Upper Sonoran Life Zone. Abundant wildli.fe, deer, coyote, wild turkey, some aquatic life. j CulturalEnvironment: I 10. Archaeological and Historical Resources in the area: High. 11. Butte County General Plan designation: Agricultural -Residential. 12. Existing Zoning: A-2. 13. Existing Land Use on-site: Two abandoned cabins and outbuildings, temporary campsite. 14. Surrounding Area: a. Land Uses: South: Logan Mine, New Era mine (abandoned), residential on large parcels; north-, west and east: canyon walls, open space. b: Zoning: A-2. C;. Gen. Plan designations: Agricultural -Residential, Open -Grazing to south and southwest. dl Parcel Sizes: 35-300+ acres. Few undeveloped and possibly unbuildable 10 -acre parcels to the west. e`. Population: Sparse. 15. Character. of Site and Area: Isolated canyon in Central Butte. 16. Nearest Urban Area: Paradise 10+ miles by road, Oroville 15 miles. 17. Relevant Spheres of Influence: Butte County Mosquito Abatement District. 18. Improvements Standards Urban Area: N/A. 19. Fire Protection Service: al. Nearest County (State) Fire Station: Butte College .I. miles, Paradise 10 miles. b Water Availability: Creek, settling.ponds, springs, capacity. 20. Schools in Area: N/A. e 7-11/2 truck Addendum to Initial Study AP 41-08-08 Karmela Minerals Use Permit 7/26/85 The State Water Rights Board has established the riparian rights of Dry Creek property owners and allocation of use. Diversion op the Blum property (Karmela Minerals) received a 2 priority rating for mining or irrigation. Domestic uses are the highest priority (1)• .80 average cfs Total of East and West Forks above diversion) .46-.56 cfs average available for diversion and use2 (.46-.56-cfs) = .1 cfs domestic priority 1 = .36-.46.cfs3 available for priority 2 .08 = Blum all.otment,.or 7.55% of priority 2 allocation; 7.55% of .36-..46.= .0272 cfs-.0347 cfs (worst case) ' .08 cfs maximum March 1=October 314 = 6912 cubic feet = 51,704 gallons/dayY'for 245 days/year or .05 cfs continuous for 34,705.42 gallons/day Applicant has indicated a need for 15,000 gallons/day. 15,000 gallons = 1950 cfs = .02 cfs continuous diversion or .05 cfs for 12 hours daily. .02 is within the: court determined allotment. During the critical:dry months (July -September) average flow varied from .75 to .85 cfs. A .02.cfs diversion out of a .75 cfs flow is not significant. 1Page 18 2Page 19 3Page 23 4Consumptive mining assumed to have same period of use as irrigation, Page 24 V Addendum to Initial Study AP 41-08-08 Karmela Minerals Use Permit 7/26/85 Page 2 Based on the preceding information, impacts to the water flow of Dry Creek (3e), riparian vegetation (4), and wildlife (5) are not significant. These checklist items should be changed from "Yes" to "No". U.S.G.S. Bulletin 184 "Geology of the Oroville Quandrangle" maps the Tuscan formation. The mine.will.not intercept this formation or springs at its interfaze. Applicant has agreed to implement and perform the mitigation measures recommended in the initial study, excepting items 2a, 1 and 2. All impacts are reduced to a level of insignificance.' Revise determination to "Mitigated Negative Declaration". LMT:lkt AP 42-08-08 Karmela Minerals, Inc. ` 7/26/85 MITIGATION MEASURES/CONDITIONS MITIGATION MEASURES 1. Transitional areas between reclaimed property and natural contours will be sloped to minimize erosion and storm water runoff. Slopes shall be no steeper than 1:2 with no exposed cuts. ` 2. All reclaimed areas will have to be capable of withstanding an earthquake measuring -6.5. 3. Mine area which is denuded of vegetation to.be no greater than i acre at any one time. 4� Construct a perimeter itch around the mine and plant site to convey storm waters awayfromdisturbed areas. ` � 5. Cover stockpiledsoils with mulch, tarpaulin or plant with native grasses. ' 6. Reclaimed land to be revegetated leaving no exposed soils or cut banks. � 7. Maintain a 15 foot no development area from the top of Dry Creek's banks. 8. Maintain native vegetation within 15 feet of Dry Creek banks. 9. Gravel Dry Creek Road from' parking area on-site to Messilla Valley. 10. Obtain an "authority to construct" from Air Pollution Control and install the required facilities. ' . 11. Obtain applicable permits from Division of Water Rights and Department of Fish and Game. ' 12. Construct a.2 foot earthen berm adjacent to the plant site and between the creek and any disturbed area. ' 13. Construct ponds to accommodate design capacity + 100 year storm. Two feet of free board shall be maintained at all times. 14. All fuels, oils or chemicals to be installed in double wall tark with monitoring system, or i�stalled on an -impervious surface surrounded b)/ a berm sufficient to contain the tank's capacity. � � � AP 41-08-08 k;armel a Minerals, Inc: MITIGATION MEASURES/CONDITIONS ------------------------------ Page 2 15. A fully equipped fire trailer with pumps and hose to be maintained on-site at all times: PROPOSED CONDITIONS 1. Water diversion for pond makeup water to be.no greater than .02 cfs continuous. 2. No blasting permitted. 3. No transport of gravels off-site or sale of gravel permitted. (Gravelling of Dry Creek Road is excepted.) LMT: 1 kt BUTTE. COUTITY PL I% COMMISSION % COUNTY CENTER DRIVE - OROVILLE, PHONE: 534-4601 TO: County.Public Works t -- CALIFORNIA 95965 DATE: June 5, 1985 RE- P1,OJEC`.i' REVIEW AND ENVIRONMENTAL EVALUATION Enclosed is preliminary data our office has, received or generated concerning the following project: AP# 41-08-08 - Karmela Minerals, Inc. A Use Permit to allowa mining backfilling and reclamation operations on property zoned A-2 (General) located at the end of Dry Creek Riad 2 1/2 miles north off Mesi•lla Valley Road, S miles south of Paradise. We are making an assessment of possible �ilv,r•onmental impacts and will be preparing an environmental document, either a Negative Declaration, Mitigated Negative hc'C i. Fl ?'at:1Gn or i)7i EIIHl.r01'Lili tllt.:ll, fiiq:t,ct. Report. Please provide any factual statemenL�;, ideas for investigation, or opinions you can offs r in yo;; area of cc)ncern or-xpert.i�e that relate to either physical, social, or economic impact.;; t.h:rl. LhiG 1u'0jL:cL may generate. Please respon,:i within '14 days o.i' the,0)ovk:-rioted date. I.f no re.,ponse is generated by Chir; i.ntluiry, thi=n it ;:h:1L1 h� �u::,luned that there are no significant environmental impact;= which are }potential from the project. We appreciate any assistance you can provide. Sincerely, Rick Rodriquez ''-7 Planning Technician Comments: ), tvAFV rw�-I"r�c, Ott'"i r — oJoro" M1441myftF '`; 6&4t7-O6tk4 d Fir 2SAit106r�- d a16 t e -{/-/0yj) ¢c� . A :...s^� 1 �, b .....`nnn- * . �,&.%' 1• Gtr , f iP ( 4 V V ", >' �° , / �1 / e u �.� /re C'�a d!r c�. z ��� r��� .� �v� ,��� 0/-(J1 ), 1%2Xe 60 a��J r,�� �;�; J /J (Urite or type in space provided K- ret)Al-n this Peet.)) , 3A n A,/fitd�_ �����. .�O'�(JA�°C � iC�^4,f' ecert�rP/U. Ct_.t� Eyeil2.��, i :amiss / COM IX M !VJ0 . DrAwmw in JUN 5 1985