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HomeMy WebLinkAbout83-93 CODE AMENDMENT MRS 1 OF 1r• A . : . N 1 r 1 ' Y Y a L ,J . � �. ref �� � • �''LANNIN'G COMMISSION SUMMA BE APPLl:ClkNT Butte CountyLlanning� Commission 83-9,i ADDRESS, 7 C-. Count Cents r rive, Oroville OWNER Various PROJECT DESCRIPTION Code amendment_to the applicability to subsurface za neral rights throughout the County N :PROPERTY ZONED Various LOCATED County Wide ASSESSOR'S PARCEL NUMBERS);IDENTIFIED AS AP Various . _ CONSISTENT? CITY GEN' PLAN ;PROJECT DATE APPLICATION RECEIVED 6/2/83 DATE REZONING PETITION SIGNATURES CNEC:.bil PERCENTAGE DATE LEGAL DESCRIPTYON PREPARED OR CHECKED.- DATE HECKE'DsDATE PUBLICATION NOTICE WRITTENv Pl1B.LISt-tED DA%E DISPLAY AD PREPARED , �.�..� x 1JBI,ISFfiED PLACE NEWSPAPER NOTICE (S) PUBLISHED ,�' C� DATE MAILING LIST PREPARED DATE RAIL -OUT NOTICES WRITTEN MAILED NUMBER ENVIRONMENTAL CATEGORIM EXEMPTION DATE FILED DETERMINATION AND DATE _ NEGATIVE DECLARATION' - DATE ADOPTED ` ENV. IMPACT REPORT DATE CERTIFIED OTHER COMMISSION NEARING DATES COMMISSION ACTION ,BOARD ACTIO ! 5 3 Butte County Planning Commission - an amendma»t to th« Butte County ` (I3...' Code `(an item vthich is not subject to CEQA) as to the applicability' to subsurface mineral rights throughout the county. MOTION: 1, WOULD So MOVE, FIND THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW AND FIND THAT THE PROJECT IS IN CONFORMITY WITH THE POLICIES,OF THE BUTTE COUNTY GENERAL, PLAN, AND ADOPT ORDINANCE 2364ADDING TO THE THE BUTTE COUNTY CODE SECTION' 24-57`,APPLICABILITY TO SUBSURFACE MINERAL RIGHTS AS SET FCiRTH IN THE COPY OF THE ORDINANCE ATTACHED HERTO. M 3 Y 4 y 5 Y VOTES: 1 Y 2 X (Unanimousrr ly caied.) " BOARDOV, $MAVI8OR8 MINUTES rAu st J . 1 8WIN „� a PUBLIC HEARINGS NEW Ad. AN STEM WHICH IS NOTSUBJECT To=L-A. `. An Amendment to the Butte County Code as to the applicability to subsurface mineral rights throughout the County. Specifically, the following provision is to be added,: The provisions of this 'Cocke are not intended to act or be construed so as to impair, interfere, repeol,,extinguish or terminate any.subsurface minexal right below 100 feet regardless of the zone within which such subsurface mineral. right exists, Subsurface mining in conjunction with any subsurface mineral right shall be permitted regardless of the zone,d. in which it is located. Provided however, that the surface work, entrance', and other activities incident to an un ergroun� mine s a be sufi�ject to the provisions ,o t is included u theSurface Mining andoReclamationUe Actofe1975easnimplemented I y the County of Butte through orda.nance,and policy. (83-93) ?sirs. Kircher read staff findings dated lune 16 for this proposal. There was no correspondence; Chairman Bennett opened the hearing. Lou Camenzind, 2194 Oro -Chico Highway, Durham, spoke in favor of the code amendment, adding that there had been a recent Supreme Court declsion re_ ported in the 'Wall Street Journal on ,Dune 7 that gravel is now considered. a mineral. Bill Spr,uance, an Oroville attorney, also spoke ,in support of the amendment. There was no one else to speak. The hearing SJa,s closed and motion made by Commissioner Avis, snconcied by Commissioner Schrader to.- A, o:A. Note that the project has been found to be Categor'icAll,',y Exempt from Environmental'Review; and B. Vind that theta roj e .tPis inanconformity with the. li'lici.es of the ButtC Recommend that the Board cf Supdrvisors adopt an amendment to the Butte 1`,unty Code Section t'Appl.icability to Subsurface Mineral Aights '' AS SET FORTH CE IN , DRAIF BELOW: .4- BUTTE COUNTY 'PLANNING COMMISSION MINUTES June 16, 1983 - UIJ+� 1.1 Section APPLICABILITY TO SUBSURFACE MINBRAL RIGHTS The provision,'o:e this Chapter are not intended to act or be construed as to impair, interfere, repeal,'extinguish or terminate any mineral right more than 100 feet below the surface regardless of the zone within which such subsurface mineral right exists. Subsurface mining in conjunction with any :ouch, zou'ol surface mineral right shall 'be permitted regardless o'L' the zolxe in which it is located. Provided,,; however,., that the surface work, entrance, and other surface activities incident to an underground mine shall be subject to the provisions of this Chapter including but not limited to the requirements of the Surface Mining and Reclamation Act of 1075 as implemented by the County of Butte through ordinance and policy. Compmissioners Avis, Schrader, Behunino Lambert and Chairman Lambert: �NorS No one, ABSENT': No one. Motion carried, 5� FILE 83-93 To,; Butte County Planning Commission Staff Findings - June 16, 1983. The proposed code amendment resulted from the rezone from A FR. -40 to FR -1/2 application of Daniel 8 Robin Kennedy for 2 and. known as "Paradise Bluffs Subdivision, at the urging of WmprSpruay Attorney for owners of mineral right` under the Kennel P nce, james Hansen, President of the Local Mining Council,; Lou m-SPCamenproperty; Y property; member of the Mining Council; and .lames Lenhoff, a principal. in the Lambert. Chrome Dine adjacent to the -Kennedy property, The Commission had previously discussed the subsurface mineral rights during the hearing on the Upper Paradise Ridge Rezone 27, 1982) and deleted the Kennel (Jan. sideration, recommending that inytherzoning ocodee that ntheynwould consider the subsurface interestj e Board accepted tate planning Commission's recommendation Supervisors also Kennedy property, he A tentative subdivision map, "Paradise Bluffs Subdivision" conditionally approved on October 12 ,1981, was recorded' in $k ?.7 O.R. ' A final map was of approval was the requirement yto 7dil igentlOne of the conditions subject property, Pursue rezoning of the Staff supports the concerns regarding subsurface mine has 'provided a Draft finance to implement tal rights and attached Draft) he Code r amendment. (See R1 COMMENDATIONS A. No> that ,the project hqs on found to be Categorically Exempt from Environmental Review; and B Of the Butte Count i S in conformity with the policies Find that the project Y General Plan; and n os Recommend that the Hoard of Supervisors adopt C. to Butte Count 'Code - p aanondnte nt Y Section ++Aplflicability to Subsurface A�ineral Right,. ►► BK/hd alttaclYme'nt Draft `Applicability to Subsurface Mineral R ghts IJ ».✓ .✓ Section APPLICABILITY TO SUBSURFACE MINERAL RIGHTS The provision'of this Chapter are not intended to act or be Construed as to impair) -interfere, re,jpeal, extinguish or terminate any mineral right more than 100 feet below the surface regardless of the zone within which such subsurface mineral right exists. Subsurface mining in conjunction with any such subsurface mineral right shall be permitted regardless of the zone in which it is locatedi provided, however, that the surface work, entrance, and other surface activities incident to an underground mine shall be subject to the prnVsions of this Chapter including but not limited to the requirements of the Surface Mining and Reclamation Act of 1.975 as implemented by the County of Butte through ordinance and policy. T -T APPLICATIO, Nd FOR ;REZO 46. E COUMY PLANNING COMMIS -' %» z7P_)�CANT: Read and fallow instructions as set forth on reverse side of this form, , -,=Tit's Name_ -butte County Planning Commission Pone No. A�p. ,,, -giants Mailing Address 7 County Center Drive, Oroville Sast3t's Interest in property (Owner, Lessee, Other) Various .. s�Name Various Rhone No, Address Parcel Number (s) County }Vide REQUESTF-D �440tI lie- it ,-�- raz Zoning . <`a��.T 'g Y on dimensions and size to subsurface mineral rights throughout the - of Brea (s) to be rezoned < County, Hants's 'reasons for'Cr r%�igY L C 0 –�F-:ay declare under penalty of perjury that I have read and understand the Instructions and that the foregoing erits are true, complete and Correct to the best of my lknowledgeol belief, 3 Z l9 8 3 June Applicants Signature y tci Erle Number. _a -.oral plan Designation fiequest Consistent? A,R, Number(s) — Location Description Owner,!-ip — Legal DOtcHotibn of area Proof of Agency (if`needed) — G Maps of Area Present Zoning rw Appftkioh Received W - $ Receipt No, y �y A-;:',t:aation Taken by -- UTTE COUNTY PLANNING COMMISSION A-nNUTES = May 11„ 1983 A. ITEM ONWHICH AN ENVIRONMEN'd'AL IMPACT _RE'P RT W�1S REV OUSL, C-� ER FIED Daniel & Robin, Rezone from acAe211arGener l) and 11 Gi_neral ) 1. RT -1 /2 "FR -40" (Foothill Recreational - Mobile p (,minimum Density Residential - Mobi1e Home 1/2 acre parcels) located on Athens Way,, 150 feet south" of South Park -Drive, identified' as AP 51-03.10 Containing134 acres t more or' Less, Paradise Pines e ave mironimus read .Analysis and, Recommendations from Sta £ Findings dated .y 19 and called attention to the following correspondence, copies of whic3 d been received by the. Commission: . 4. -'�c'. ,�-'3 �W=1= COUNTY PLANNING COMMISSION ,'�S May 19, 1.983 : NO. 1 ,-,Batt» County Mining -'.c ouncil Chapter of the 'Igo ,-)rn Misting Council Inc. The Oftico or the president 215 Lone Tree 'Nd t ""oVil .e2 CA '95965 Butte County Planning Commission May 9 1983 A=>1: B. Kircher Director Planning A. � of 7 County Center Drive Buff Co. Planning Comm, O=villei CA 95965 MAY 0 1983 Y 0 10, Ca►lih M4 mar :Ms. Ki.r-°..-.rs defunct cle�ceQtIt may, at time�g District is neither Fo a g be dormant and,without eaafirers w,1q:r, the district is still a legal .entity. We are one;deritig breathing new life into this particular District Council. t this time we would question the rezoning of the area:: Idea .�fi.ed as AP 51-03~10 (Daniel & IRobin Kennedy) . The road which travels through tine proposed area is 'a time -travelled one and muAt remain open to b-,avy vehicle travel. At the present time there are valid mining claims and patented mining property iit the Magalia Mining District and in particular the area described in the Notice Of _Public. Hearing. Albert Speer made his point in the•'Rise and Fall of the Third' peichl' 'When we lost our sources for chrome, Z knew we had lost the War" Chrome is considered a strategic metal. For years, the United States purchased this metal Prom r3hodes .a and when the U.N. put an embargo on trade with this country our source there stopped. 'tte then put•chased chrome from the U.r.S.R. who, incidentally, purchased it from Rhode8ia and resold it to the U. S. y' taking a pretty good mark-up in the process. We- still purcho e chrome from the U.S.S.t. and they Still purchase it from Zim` tbwe(the now ;dation that was once Rhodesia) to resell to the U.S. at a .considerable premium° The of n' t x tm trying to bring to yo'ur(and the Commissions s attention -7 s that the largest source of chrome in the United States is located in the area that this road runs through the area, concerned in 'the Daniel and robin .'ennady rezone proposal., if you incorporate a Stipulation which will insure that travel of heavy vehicles o;t the primary road serving the various mining I3UUTTE COUNTY PLANNING COMMISSION' 14INUTES - May 3.9, 1983 ]properties in the proposed area is included in all further titles of the property parcels. in this area, then the Mining Council would have no further objections..If, however, the afore mentioned stipulation(travel be allowed on primary road by heavy vehicles for txie purpose of mining) is not an integral g part of ftticure titles then the Butte County Mining Council recommends denial of the rezone and the parceling of the proposed area. For the members of the Butte County Alining Council, a Chapter of the Western .ATinin Council Inn. We James _�1. Haase I President NO. 2 1084 Montgomery St Oroville, Cad 95965 May 10, 1983 Planning Commission County of Butte Oroville,' daliforni,a Gentlemen; Regardixig the Kennedy request to divide property at Paradise a Pines Magalin into half -acre mobile home lots, the undersigned does not object as long as it is clearly understood that the develop- ment y protest further dc,vn the of the property will not result in an line against the operation of the gold and chrome mines whose access is over a prescriptive road which goes through the Kennedy property. i It %voulr' be well to stipulate this ,on the title to lots sold. The property X am involved in as a principal is the Lambert Chrome Mine which adjoins the Kennedy property and consists,of 125 acres of patented land. The property is the site of one of California.0s largest chrome deposits, considered one of Americats' most strategic Metals in the event of a futurewax ow boycott. The chrome mine ' open sled an the 1w includes South PAT'k Drive to Magal�a highway, road, ' s under the national, stockpile act The pro sent also now Y g ay, was primarily built and maintdined for mining purposes. Adjoining the tambett mine property is a large chunk of federal land, much of which has been taken up in potentially -valuable mining claims whose only access is the road above -referred to s truly, F James Wi Lenhoff -6- BUTTE COUNTY PLANNING COMMISSION' MINUTES - May 19, 1983 No. 3 hUNAS`IAN, N11NAgAN, MINA510,N, SPRUANCE, BASER Mnim ` ATTORNEim AT LAW PA0/1a..la. MIMASIA.(A.I�ARTNERSHIr PAWL IL MINASIAN. IN""OSED OF PROFESSIONAL CORPORATIONS) JOHN C C. ARLRTON. oRAor. 147S.1910 . w9LL'" N. XPRUANCly INC..' 1 1 BIRO ATREKT AT OAK 2TwZ6T . CARLETON GRAY. 11/i+1941 VIILLIA , K •AORM 114 C. IN r. O. ■dX 1670' ' PAUL JACKION M1NAE1AN. i'q17.18@9 JIMFRCT O,pIE1TM amovILLR.,CALIB'OYINIAgai;M16T0 M, ANTMONM,I O^qt& ' TELMPHONO (616) 673•2Ae1i °. May 16 1. 1983. ' * Butte County Planning Commission 7 County Center Drive BUR& cc. Plennin4 Gxfm' OtOvill.e, California 95965 f,�AY 4N 8 Res May 19, 1983,° Hearing 01OV11104 Coli pm:1 Kennedy Rezone y Assessor's Parcel 51-03-10 Gentlemen:. Pease do not rezone the Kennedy parcel to RT-1/2 without concurrent action to protect the mineral interests Of our clients Norma Frances Cohn Miss Cohn owns the mineral rights under the Kennedy Parcel at a depth of 1.00 feet and greater: She also Owns surface access rights on the Kennedy parcel If the el is rezoned to RT--1/2 it W' ll have tie effect of totally extinguishing her rights because subsurface mining is not a Permissible use within such zone. This request should sound familiar. it was iirs'L made on June 17, 198L at the Planning commission hearing on the general plan amendment for the Upper Ridge. At that time, we 'were assured by staff, County Counsel, and the Commission that there was no intention of extinguishing Miss Cohnls mineral .rights, and that an amend ment could be enacted to the County Zoning Ordinance allowing subsurface activities This assurance has been repeated at various proceedings over the past two years. Staff even prepared a draft amendment a(co been set for hearing, PY enclosed), but it has never A fair and reasonable compromise has been worked out with Xennedy, whereby kris Cohn would retain surface ' access at only two locations, leaving the remainder of the surface unei:ected by any e � y potential: mining activities. adopted so that such work only if the zoning amendment as Huwe�rer this will uch activiticas are Permits' e. ., - • "BUTTE COUNTY PLANNIN COMMISSION MD.TUTES May 19, 1983. Please help us to bring this matter to a reasonable conclusion in the near future. Very truly yours, MINASIAN, MINASIAN, MINASIAN SP:RUANCEt BABER & MEITY By("-'tv Q. WILLIAM H PRUANC WHS/J=ha Enclosure cc: Miss Norma Prances Cohn Mr. Del Siemsen, County Counsel Mr. Dan Kennedy se6tion APPLICAEILI%Y TO SU&D51, : -ACE MI NEP-RIG 1TS The provisions of this Chapter are not' interled to act or be construed so as to impair, interfere, repeal, extinguish or terminate any subsurface mineral right -regardless of the zone i4ithin which such subsurface s mineral right eXis to . Subsurface mining it conjunction with any subsurface mineral right shall be permitted regardless of the zone in z Which it is located Provided • •• �urFac� t • , prtrarcc aha d%T�.,t accr vities 'lnc.l- hotuetiex that the Surface_., F:or�; ! _ -�.. 1 dent 'to. a;n underground nine sh,,.; o subjact, to t?ae provisaon5 of this Chapter incl"uslei ' but not limited to the regv4 vemen'ts -of the 1 SUr ace :fining and Reclamation Act of 1975 as in. p'temented by the County of Butte through ordinance and policy. 01:1V L r x , underlined portions fro,► SMAA dofini'1 ons. g !� was also emphasized by stafr that the subsurface entry rights are yet' to, "be resolved --that the County Counsel and the Town of Pgradise hold opposite V ROPONENTS 'R Kennedy disagreed with Staff's proposal that the lower portion of this '- Y ' -propertyshould remain in the FR -40 zone and agreed that Norma Frances Cohn: dwd 4,,vm the mineral rights under the ;Kennedy parcel: ,James Hansen, 215 Lone Tree Road, aroville, again expressed concern regarding =,Lners'l loss of access with heavy' tiqu:ipment to gthpr mining' properties in 'the area, He later accused the Cotaty of "killing the economy and building fious%��. on it" Mx. Kennedy assure Dirt, Hansen that they have no intention DY- closing the roads into the area. Lou Camenzind`, 2194 Oro-' Durham Highway, read an excerpt from a copy of the `y. S. Mining Law, June 1886, Page 132, Section 8 "Right -of -way" --assuring niaers of the right to use any public thoroughfare for mining purposes, He then a.s%ed what had been done concerning fulfilling the requirements of the 1-917 'Surface :Mining Act. Charlie Voods responded that the effects of this Act (identifying 'locations of precious metals) would not be felt in . this Part of the state for some years because attention is being directed to she faster growing, more densely populated areas such as Los..Angeles and San Francisco areas which appear to be the most threatening�to thelsiies containingi fi Reals of whatever kind. Camenzind utav, also concerned A�dut the possibility t --c. -adverse effects underground'blast,tai; or ocher methods of mineral extraction Naoiild have on those living on the surface, cave-ins, slides and other )i,.-oblems now, being experienced in the Tucson area 4:s a distinct possibility -for this i)roiect of 208 proposed parcels. Ht,, reqs mated that the Local (Butte) Chapter c4, the Western Mining CouncP at 275 Lone '%ce Road, Oroville:, be .notified future meetings in thisyx,.,ea and other similar hearings in other Zreas. :Bill Sprudttce, an Oroville Attorneyrepresenting thea licant asked that ata on on ;aaias project be postponeuntil he can get some assurance that the rights of his client, Norma Frances Cohn are not extinguished C See draft included with his letter above). Mr. Spruance also stated that ]ie dad been working with the Kennodys on an agreement to trade property for subsurface access nights, etc. 1t was emphasized that the proposed 11T-1/2 zone does not allow mining and subgestion was made that another zone might be more appropriate,. Staff was :instructed to activate the proposed Lode amendmont( Draft above), and.it was suggested that it could be carried along with this Project which was continued OPEN until June 16. t� * :k ORDINANCE N0. 2364 AN ORDINANCE ADDING TO CHAPTER 24 OF TETE BUTTE " y COUNTY CODE AS IT PERTAINS TO SUBSURFACE MINERAL RIGHTS j i 1 ," The Board of Supervisors of the County of Butte, State 2 `��of California, under andursuant -to chapter: II P 24-29 of the Butte 3 (County Code of said County DO ORDAIN as follows 4 'i SECTION 1 Section 24-57 of the: Butte County Code is 5hereby added to read as follows- 6 s24-57 -.APPLICABILITY TO SUBSURFACE t4INERAL RIGHTS. 7 The provision of this Chapter are not intended to act or be con. - 8 strued as to °`.mpair, interfere, repeal, extinguish or terminate 9 any mineral right more than 100 feet below the ,surface regardless 10 of tho zone within which such subsurface ratneral right exist. Sub 1.1 surface mining in conjun ,tion with any such subsurface mineral 12 right shall be permitted regardless of the zone in which it is 13 located. Provided, however, that the surface work, tMntrancr, and 14 other surface activities incident to an underground mine shall tj,e 15 subject to the provisions of tills Chapter including but not limited 16 to the requirements of the Surface Tuning and Reclamation. Act of 17 1975 as implemented by the County of Butte through ordinance and 18 policy. 15 SECTION 2. This Ordinance $Ball be and it 1.8 heteby 20 declared to he in full force and effect from and after thirty (30) i 21 days alter the date of its passage,, and before the o piration of 22 fifteen (15) days after its passage, this Ordinance shall be 23 published once with `tile riames of t}ie members of the hoard of P i voting for and against it in the orov].11e Mordury a 3 2� 5uerv,sors 25 newspaper published in tile County of 8uttoj, State of California; 26PAS88D AND ADOPTED by the Board of Supervisors of the `Z� i i ?;County of Butte, State of California, on the 9th day of August, 2 '!19331 of the following vote - Z AYES; Supervisors Fulton, Moseley, Saraceni, Wheeler and Chair Dolan 4 LOES: None 5 1 ABSENT : None 6 a NOT VOTING: None i i 7il , NE OLAN, Chair ButtL County Board of Supervisors 9 '10 ATTEST 11 ELEANOR M. BECKER, County Clerk , .and e Zolficio Clerk of the Board 13 y 1 15 16 Y 17 18 39 20 21 22 23 24 25' 2C `Z� i a t� Q DepafNl�rt1 � y �■`M� A m a m Inter t - ; Board of Supervisors .. Planning s✓r: Amendment to the Butte County Code as to the Applicability to to Subsurface Mineral Aights Suggested Motion July 29, 1983 If it is the intention of the Board to approve the subject item, the suggested motion is as follows; A Find that the project is Categorically Exempt from 'Environmental Review; and B. Find that the project is in conformity with the policies of the Butte County General Plan; and C. Adopt an Ordinance adding to the Butte County Code 'Section 24-57 "Applicability to Subsurface Mineral Rights" as set forth in the copy of the Ordinance attached hereto, /ix attachments, Ordinance BUTTE—QQUNTY. PL] I NG COMM I S,� I QN I COUNT' CENTER RIVE - OROVILLE CALIFORNIN'95965 �/w PHONE 534-4601 To: John hlendonsa, Public 1'iorks DATE: June 2, '1983 RE PROJECT REVIEW AND ENVIROMENTAL EVALUATION A Enclosed is preliminary data our office has received or generated.concerning the ,following project: 83:. -� __C�omnti Code amendment as to the applicability to su sur ta, mineral r�ighEB t roug out the County; to add the following provision: The provisions of this Code are not MtencLeZl ac or be construe so as E5 -impair, in er ere, repeal, extinguish or terminate any subsurface mineral right below T'Uuft. regardless of the zone within which such su Surface mineral , ,rights exists. Subsurface mining in conjunction with an subsurface mi eFa-1 ilght s all be permitted regardless of the zone in which it is located, Provided 'however, that the surface work, entrance, and other* We are making an assessment of possible environmental impacts and will, be preparing an environmental document, either a Negative Declaration, Mitigated Negative Declaration or an Environmental Impact Report. Please provide any factual statements, ideas for investigation, or opinions you can offer in your area of concern or expertise that relate to either physical, social, or economic impacts that this project may generate. Please respond within 14 days of the above -noted date. If no response is generated by this inquiry, then it shall be assumed that there are no significant environmental impacts which are potential from the project. We appreciate any assistance you can provide Sincerely, Ste`�;h"b A. Streef'er Seni.o Planner " Comments : ��,trx *activities incident to an underground mine shall be subject to the provisions of this Chapter included but not limited to the requirements of the Surface Mining and Reclamation Act of 1915 as implemented by the County of Butte through ordinance and policy: (Write or type in space provided & return this sheet:) BUTTE, COUNTY ,H& I N0 COMM I SS I ON COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965 PHONE: 534-4601 T0: Division, of Mines & Geology DATE: June 2 1983 1416 Ninth Street Sacramento, Ca 9581.4 RE: PROJECT REVIEW AND ENVIRONMENTAL EVALUATION Enclosed is preliminary data our office has received or generated concerning the following project: 8 . _ _ Plannino rnmmiqq'nn Code amendment as to the applicability to 7subsurfacd mine T axigi Fs throughout the County; to add the following provision: The provisions of this Code are ,not inten e o act or be construed so as Eo impair, In er- ere, repeal, extinguish or terminate any subsurface mineral right below iu(ift.' regardless, of the zone within which such subsurface mineral rights exists, Subsurface mining -in conjunction with any subsurface mineral right shall be permitted regardless of the zone in which it is located. Provided however, that the surface work, entrance , and other We are making an assessment of possible environmental: impacts and will be preparing an environmental document, either a Legative Declaration, Mitigated f, Negative Declaration or an Environmental Impact Report. Please ,provide any factual statements, ideas for investigation, or opinions you can offer in your area of concern or expertise that relate to either physical, social, or economic impacts that this project may generate. please respond tAthin 14 days of the above -noted date. If no response is generated by this inquiry, then it shall be assumed that there are no significant environmental impacts which are potential from the project. We appreciate any assistance you can provide. Sincerely, 5telyh"d ,A, Streeter %. -Planner Comments;' *activities incident to an uncerground mine shall be subject to the provisions I i limited to the requirements ofthe SurfaceMining andReclamationAct of 1975 as implemented by the County of Butte through ordinance and policy. Writc or type in space provided & return this sheet.') BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIU HbARINU Notice is hereby given by the Butte County Planning Commission that Public hearings will be held on Thutsday, June 16, 1983 at 7:30 p.m, in the Butte County Board of Supervisors' Room, .Admin- istration Center, 25 County Center Drive, Oroville) California, regarding the following: AN ITEM WHI C1 -I IS NOT SUBJECTL Butte County Planning Commission - An Amendment to the Butte County Code as to the applicability to subsurface mineral rights throughout the County. Specifically, the following provision is to be added: The provisions of this Code are not intended to act or be construed so as to impair, interfere, repeal, extinguish or terminate any subsurface mineral right below 100 feet regardless of the zone within which such subsurface mineral right exists. Subsurface mining in conjunction with any subsurface mineral right shall be permitted regardless of the zone in which it is located. Provided however, that the surface work, entrance, and other activities incident to an un ergrounEFmin—es`iaZT be subject to the provisions o - this apter inc u e. but not: limited to the requirements of the Surface Mining and Reclamation Act of 1975 as implemented by the County of Butte through ordinance and policy. (83-93) Underlined portions from SMARA definitions, The above mentioned file is on file and available ;for public viewing at the office of Butte County Planning, 7 County Center Drive, Oroville, California, BUTTE COUNTY PLANNING COMMISSION B A.. KIRCHER, DIRECTOR OF PLANNING TO BE PUBLI81M ON THURSDAY IN THE OROVILLE MERCURY, CHICO ENTERPRISE, AND BIGGS NEWS, June 2, 1983 TO BE PUBLISHED ON PRIDAY IN THE PARADISE POST AND GRID -LEY HERALD, June 3� 1983 Sc:ciio`f AP-PbIGAB-Zb-JTy T'CS S BSUI PAGE.-MXNBRAL--R--C,Wps-, The provisions of this rWpt!eY7-are not intended to act or be construed so :as to impair, interfere, repeal, extinguish or terminate any subsurface mineral right below 100 feet regardless of the zone within which such subsurface mineral right exists. Subsurface mining in conjunction with any subsurface mineral right shall be permitted regardless of the zone in which it is located. Provided however, that the surface work, entrance, and other activities incident to an underground mine shall be subject to the provisions of this Chapter included but not F.. limited to the requirements of the Surface Mining and Reclamation Ast of 1575 as implemented by the County of Butte through orOinance and policy: Underlined portions from SMARA definitions. Section APPLICABILITY TO SUBSURFACE MINERAL RIGHTS The provisions of this Chapter are not intended to act or be construed so as to impair, interfere, repeal:, extinguish or texminat'e any subsurface mineral right below 7.00 :feet regardless of the zone within which such subsurface mineral: right exists. Subsurface mining in conjunction with any subsurface mineral Tight shall be permitted regardless of the zone in which it i5 located. Provided however, that the surface work, entrance, and other activities incident to an underground mine shall be subject to the provisions of, this Chapter included but not; limited to the requirements of the Surface Mining and Reclamation Act of 1975 as implemented by the County of Butte through ordinance. and policy, Underlined portions From 8MAAA definitions l;i �, BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARMU— Notice is hereby given by the Butte County Pl'inning Commission that public hearings will be held on Thursday, June 16, 1983 at 7:30 p.m, in the Butte County Board of Supervisors' Roam, Admin- istration Center, 25 County Center Drive, Oroville, California, regarding,the following AN ITEM WHICH IS NOT SUBJECT TO CEQA Butte County Planning Commi sxon" An Amendment to the Butte County Code as to the applicability to subsurface mineral rights throughout the County. Specifically, the following provision is to be added: The provisions of this Code are not intended to act or be construed so as to impair, interfere, repeal., extinguish or terminate any subsurface ;mineral right below 100 feet , regardless of the zone within which such subsurface mineral right exists. Subsurface mining in conjunction with any subsurface mineral right shall be permitted regardless of the zone in which it is located. Provided however, that the surface work, entrance, and other activities incident to an— an mine n—"unTmine shall be su ect"to the provisions of this Chapter ncludeed but not limited to the requirements of the Surface Mining and Reclamation Act of 1975 as implemented by the County of Butte through ordinance.and policy. (83-93) Underlined portions from SMARA definitions. The above mentioned file is on file and available for public viewing at the office of Butte County Planning, 7 County Center Drive, Oroville, California. BUTTE COUNTY PLANNING C%'IMISSION B A. K'IRCHER., DIRECTOR OF PLANNING TO BE PUBLISHED ON THURSDAY IN THE OROVILLE MERCURY, CHICO EN'T'ERPRISE, .AND BIGGS NEWS, June 2, 1983, TO BE PUBLISHED ON FRIDAY IN THE PARADISE POST AND GRIDLEY HERALD June 3, 1983, D i