HomeMy WebLinkAbout94-63MINING PERMIT
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BUTTE COUNTY PLANNING COMMISSION Jut..
DATE: (Certified Mail Rec.)
94-63
PERMIT NO.
041-120-007 115
ASSESSOR'S PARCEL NO.
Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special
conditions set forth below: Duke Sherwood, Duke Sherwood Contracting Inc., Lucky 7
Ranch is hereby granted a Mining Permit in accordance with application filed: April 19,
1994 to allow a Mining Permit and Reclamation Plan on property zoned "U" (Unclassified)
and A-160 (Agricultural - 160 acre parcels) located east of Clark Road, along Dry Creek,
in central Butte County.
Failure to comply with the conditions specified herein as the basis for
approval of application and issuance of Permit, constitutes cause for the
revocation of said permit in accordance with the procedures set forth in the
Butte County Zoning Ordinance, including Butte County Code Sec. 24-62.
2. Unless otherwise provided for in a special condition to this Mining Permit,
all conditions must be completed by the Permittee within 12 months of the
delivery of the countersigned permit to the Permittee.
3. If any use for which a Mining Permit has been granted is not established
within one year of the date of receipt of the countersigned permit by the
Permittee, the permit shall become null and void and reapplication and a
new permit shall be required to establish the use.
4. The terms and conditions of this permit shall run with the land and shall be binding
upon and be to the benefit of the heirs, legal representatives, successors, and
assigns of the Permittee.
SPECIAL CONDITIONS:
1. Mining activities shall be prohibited from riparian corridors where riparian
vegetation is located.
P14
Should any historic or prehistoric sites, features, artifacts, or human skeletal
remains be discovered during the project development, the Butte County
Development Services Director shall be notified and activity shall cease until a
qualified professional archaeologist has been consulted to assess the
archaeological or historic significance.
C; '
3. The applicant shall comply with emissions and dust control requirements of the
Butte County Air Pollution Control District.
4. The applicant shall provide toilet facilities per Butte County Environmental Health
standards.
5. The applicant shall post a performance bond or other financial assurance in an
amount and form acceptable to the Director of Development Services, Director of
Public Works and County Counsel, prior to issuance of the Mining Permit.
6. Construction materials, equipment, tires, or other mining related items that are
broken or in disrepair, shall not be stored on-site and shall be promptly removed
from the site.
7. The applicant shall pave the entrance from Clark Road (State Route 191) back to
the cattle guard within six (6) months after issuance of the permit, to Public Works
standards and approval.
B. Prior to the issuance of the Mining Permit, the applicant shall obtain the necessary
stream bed alteration permits required by Section 1600-1603 of the California Fish
and Game Code.
9. The mine operator shall submit annual reports containing information regarding
cubic yards of resources mined, number of acres mined, number of acres
reclaimed, etc.. Annual reports shall be submitted by January 31 of each year to
the Department of Development Services.
10. As a condition of approval for the permit, or the reclamation plan, or both, periodic
on-site inspection and monitoring by the Director of Development Services,
Director of Public Works, or contract monitor, and the Butte County Air Pollution
Control Officer shall be made to evaluate continuing compliance with the permit
and the reclamation plan. The monitoring shall be on an annual basis.
11. The applicant shall pay for the costs of the time and expenses of inspections by
the Director of Development Services, or his designee, Director of Public Works,
or contract monitor, and shall be billed this amount after each inspection.
12. A Reclamation Plan shall be submitted and approved prior to issuance of Mining
Permit.
13. The applicant shall comply with all other State and local statutes, ordinances, and
regulations.
NOTE: Minor changes may be approved administratively by the Director of Development
Services, or designee, upon receipt of a substantiated written request by the applicant.
Prior to such approval, verification shall be made by each Department or Division that the
modification is consistent with the application, fees paid, and environmental determination
as conditionally approved. Changes deemed to be major or significant in nature shall
require a formal application for amendment.
I hereby declare under penalty of perjury that I have read the foregoing conditions,
that they are in fact the conditions which were imposed upon the granting of this Mining
Permit, and that I agree to abide fully by said conditions.
Dated:
Applicant
NOTE: Issuance of this Mining Permit does not waive requirement of obtaining Building
and Health Department permits before starting construction, nor does it waive any other
requirements.
Butte County Planning Commission Chairman
cc: Land Development Division
Building Division
Environmental Health Division
Department of Forestry
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DUKE SHERWOOD CONTRACTING, INC.
RECLAMATION PLAN
LUCKY 7 PIT
March 22, 1994
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• A. ENVIRONM]E. AL SETTING
A-1 INTRODUCTION
Duke Sherwood Contracting, Inc. has been operating in the Lucky 7 Pit since January
17, 1984. This quarry site is adjacent to Dry Creek between Clark Road on the southwest end
of the pit and Wheelock (Messila Valley) Road on the northeast end of the pit, approximately
two and one half miles in length. The side limits on the pit are clearly defined by the alluvium
deposits.
This quarry site, it is said, was the first operating quarry in Butte County. The quarry
has been mined by many different operators over the years. Since 1970, Duke Sherwood
Contracting, Inc. is the third operator of the quarry.
The material extracted from this site is the alluvium that has been deposited over the
years. Much of this material is the result of the hydraulic mining that occurred at the Cherokee
Mine. Because this is only a screening operation, the products offered are sands and gravels.
The washed sands produced are used for backfill of utility trenches for electrical and gas lines,
for plaster and mortar sands and for decorative uses such as golf courses and volleyball courts.
The unwashed sands are used asa backfill material. The gravels produced are pea gravel and
a cobble rock. The pea gravels are used as a bedding material for pipe lines and for decorative
uses. The cobble rock is used for decorative work and for erosion control. These products are
sold to the general public, to utility companies and to governmental agencies at all levels.
A-1 PRESENT AND FUTURE LAND USE
This quarry site is part of Lucky 7 Ranch and has been used for grazing. The grazing
has continued on the mine site through the years of the quarry's operation. With on going
reclamation, the site can be used for grazing while it is being mined. Upon extraction of all
usable minerals and the completion of the reclamation, the site will continue to be used for
grazing. Because these alluvium deposits are the result of the hydraulic mining from the
Cherokee Mine, it is unlikely that this site will produce adequate materials to justify further
quarry operations.
A-3 GEOLOGY AND SOILS
The Riverwash lies between Scabland on.the north and Honcut sandy loam on the south.
The scab land consists of areas of dissected remnants of lava flow that extend from high up in
the Sierras to the valley floor. The slopes are gentle and regular, but the surface is covered with
large lava boulders which are andesites and basalts. The Honcut sandy loam is a loose, friable,
granular material 12 to 40 inches thick. This will rest upon variably textured and stratified
elements. The Honcut sandy loam is a reddish -brown color and does have considerable organic
matter in the top few inches. Riverwash comprises the comparatively barren areas of sand,
gravel, and boulders occupying positions along Dry Creek. These materials have come from
• workings of the old C ukee hydraulic mine.
A-4 SURFACE WATER AND GROUND WATER
Dry Creek runs through the quarry site although most of the mining operation, to include
the plant operation, lie to the south of Dry Creek. Settlement ponds have been constructed and
are used in conjunction with the screening operation. The water source for the "settlement ponds
is Dry Creek.
The Dry Creek watershed north of the quarry is in excess of 6,500 acres. The
watershed runs from an elevation of 2200', draining part of the Town of Paradise, to an
elevation of 400' at the quarry site. This watershed is steep, long and narrow. Winter runoff is
very fast with this basin being very sensitive to localized storms. Dry Creek does flow water
through out the year however, late summer flows are low.
The closest domestic well to the quarry site indicates the ground water table to be at
approximately 40'.
A-5 VEGETATION
In general, the river wash is barren of" vegetation, ' but in places there is a growth of
cottonwoods, willows, brush and vines. Native grasses have propagated in areas that were mined
years ago and also in areas that have been reclaimed by Duke Sherwood Contracting.
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0 B. MINING
B-1 CURRENT CONDITIONS, PUBLIC HEALTH AND SAFETY
All mining to date by Duke Sherwood Contracting has been performed using bulldozers,
scrapers,. graders or other excavation equipment.
While the entire quarry site has been previously mined, the current operation is limiting
the extraction areas to five acre sites. Because of the alluvium materials being mined, there is
no need for explosives to be used on site.
Reclamation of mined areas has been performed. The mined areas are graded to a
uniform condition, naturals are placed if needed, to allow grasses to grow. It has been possible,
because of the alluvium materials, to complete reclamation without placement of naturals. Since
Duke Sherwood Contracting has been operating the pit, they have reclaimed over thirty acres
that they have mined.
B-2 EXTRACTION METHODS
Materials in this mine are identified as alluvium with these materials being the result of
the old hydraulic Cherokee Mine. Extraction of these materials can be accomplished with the
use of normal excavation equipment. The alluvium material is rarely found in depths greater than
six feet. Therefore, the use of scrapers, dozers, graders and front. end loaders are common for
this quarry operation.
The materials extracted from this mine include sands, gravels and cobbles. The
processing of this material is via a wet screening plant. The plant site is stationary and occupies
approximately five acres.
Since the types of alluvium materials may vary throughout the quarry, two or three
separate areas of excavation may be ongoing simultaneously, The -sand deposits may be heavier
in one area with the gravels heaviest in another. However, special care is taken not to disturb
more than a five acre site. Upon completion of extraction on the mineral, that site is uniformly
graded, topped with naturals if needed and seeded with a mixture of seed that is approved by
the agricultural commissioner.
This mine has been mined for decades prior to the current operator. Evidence of these
operations is clearly visible throughout the mine. Because of these prior operations and the
irregular depth of the alluvium deposits, it is difficult to designate definite areas of future mining
activity. The quality and quantity of the materials to be mined can only be determined by
exploratory excavations.
0 B-3 EXCAVATION LIMITS, SLOPES AND DRAINAGE
The Lucky 7 Pit is defined as being along Dry Creek from Clark Raad to Wheelock Road
(Messila Valley Road). This a length of approximately two and one half miles. It is clearly
visible that prior operators of this mine did in fact extract materials for the full length of the
quarry.
With the plant site occupying approximately five acres, and the evaporation -settlement
ponds being approximately two and one half acres, Duke Sherwood Contracting would not
disturb more than five additional acres for materials extraction. Upon completion of the
extraction, those mined lands would be reclaimed by uniformly grading, placement of naturals
if needed and seeding using an approved seed mixture.
With this operation being the extraction of alluvium deposits, rarely does the depths of
these materials exceed six feet. More typically, the depths are four to six feet and in some cases
only a couple of feet. Slopes of the materials will be retained or replaced at 4:1. Because of the
types of mined materials and the local environment, drainage is not a problem. The mined areas
being graded uniformly and seeded will assist in the prevention of erosion.
B-4 CONTAMINANTS AND MINING BY PRODUCTS
Preventive measures against soil contamination have been in effect since the beginning
of the Duke Sherwood Contracting operation, and they will continue. Petroleum products are
dept under lock and key. The petroleum tanks are located in containment areas that .limit
potential contamination from an accidental spill as per state and federal laws. Other contaminants
are kept in proper containment devices to insure safety from accidental spills.
The hazardous materials stored within the quarry site are as follows: Diesel Fuel,
Hydraulic Fluids, Motor Oils and Anti -freeze.
All surface water runoff from the plant operation site is sloped away from Dry Creek and
in the direction of the settlement pond. As needed this pond will be cleaned of the fines and silts
which then will be used in the reclamation process.
All materials passing through the screens are sold as the different types of sands, gravels
and cobbles. The only by product is a limited amount of naturals which will be used in the
reclamation process.
B-5 DUST CONTROL
Because this mining operation is the extraction of alluvium deposits, dust is generally not
a problem in the excavation of this material. The natural moisture content of this material and
the lack of the finer silts prevents excessive dust, .
. The screening r ..)cess used is a wet screen. This is used for not only control of any
potential dust but also for the production of the more 'specialized materials offered by this
quarry. These products include plaster sand, mortar sand, decorative sands, pea gravels, drain
rock.
All dust amounts shall be kept within the existing limits set by the Butte County Air
Pollution Control District.
W]
• C. RECLAN. ,ION
C-1 RECLAMATION METHOD
The proposed reclamation process will continue as soon as all useable materials have been
mined. Because the mining operation will disturb only five acres at a time, the largest area to
reclaim will -be five acres.
Once reclamation begins on an area, the surface will be uniformly graded with side
slopes graded to a 4:1 or clatter. As required for seeding, naturals will be placed using scrapers
and a grader. Because of the alluvium deposits and the underlying natural soils, the depths of
the naturals is not considered to be a significant factor in the seeding process.
C -Z EROSION CONTROL AND SEDIMENTATION
The topography of the quarry site is such that erosion and sedimentation from the quarry
operation is not considered to be a significant problem. The mine site slopes with Dry Creek in
the east -west direction but is basically level in the north -south direction (perpendicular to Dry
Creek).
Quarry operations as well as the plant site have been graded such that any runoff is
directed away from the stream bed. Sedimentation ponds are located south of the plant site.
Because of the granular nature of product produced, erosion from stock piles is not considered
to be a problem.
C-3 STREAM REHABILITATION
While the quarry lies parallel with Dry Creek the quarry operations are kept out of the
stream bed. The only interference with Dry Creek comes from stream bed crossings. All
applicable permits have been obtained from the Department of Fish and Game.
C4 REMOVAL OF EQUIPMENT AND MATERIALS'
Upon completion of Duke Sherwood Contracting mining operation, the plant site will be
dismantled and removed from the site. Should material stock piles remain they will be either
removed from the site or uniformly placed in an area that is to be reclaimed. The plant site and
all unreclaimed areas will then be reclaimed. The mobile equipment used for this reclamation
will then be removed from the site.
The evaporation/siltation pond will remain to enhance the environmental setting and to
provide an additional watering pond for the livestock.
• D. RE-ESTABLISHMENT OF VEGITATION
D-1 PLANT SPECIES
The planting of a grass mixture as approved by the agricultural commissioner, will be
done for future grazing.
D-2 PLANTING METHODS
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The planting methods imployed will be consistant with the recomendations of the
agricultural commissioner, the planting, terrain and the remaining. materials.
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RECLAMATION COSTS FOR LUCKY 7 PIT
The following is a cost breakdown with equipment to be used for the reclamation. The area to
be reclaimed will be uniformly graded using dozers and a grader, applying water as needed. A
blend of grass seed, as approved by agricultural commissioner, will be spread over the area.
Seeding will take place in the fall or spring of the year depending on wheather conditions at that
time. All slopes will be flatter than a 4:1.
A. Equipment
Item
Quantity
$/Day
Total Days
Total Cost
CAT D -8N DOZER
1
1300
1
1300
CAT 140G ROAD
. GRADER
1
650
1
650
WATER TRUCK
1
425
1
425
TOTAL
$3450
B. Labor
Item
Quantity
$/Hr.
Total Hours
Total Cost
D8 Equipment Operator
1
45.00
8
360.00
140G Equipment Operator
1
45.00
8
360.00
Laborer
1
35.00
8
280.00
Total
$1000.00
C. Materials
Item
Pounds per
acre
$/lb.
'Total
$/Acre
Total
Acres
Total
cost
Seed Blend
35
9.25
323.75
5
$1618.75
Total
$1618.75
Total cost for reclaiming each 5 acre work area will be $6068.75
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Duke Sherwood Contracting, Inc.
General Engineering Contractor .#327827
495 Stimpson Road - Oroville, CA 95965- (530) 533-2710
1-18-12
Butte County Department of Development Services
Chris Thomas
Senior Planner
Chris,
Please find our enclosed "Financial Assurance Cost Estimate for Duke Sherwood Contracting Inc. CA MINE
ID #91-04-0014" for 2012. It appears that this cost estimate will be more than adequate to cover the
reclamation costs.
Thank you,
�obert E. Sherwood
INA T
�E SERA
1-18-12
Financial Assurance Cost Estimate for Duke Sherwood Contracting Inc., CA MINE ID
#91-04-0014
Prepared by Robert E. Sherwood, Sec/ Tres. For Duke Sherwood Contracting Inc.
Section 1 -Primary Reclamation Activities
Description of Task: Reclaim 5 to 10 acres of surfaced mined area with grading
equipment.
Misc. Information: Reclaim 5 to 10 acres at a production rate of 1 acre per day.
• Equipment: Rates and Equipment Codes are based on the State of California, Dept. of
Transportation "Labor Surcharge and Equipment Rental Rates" Effective April 1, 2007
through March 31, 2008..
Caterpillar D8K Code#4858 10 days @ 8hrs. per day at $125.89 per hr.= $10,071.20
Caterpillar 631 C Code#2170 10 days @ 8hrs. per day at $143.35 per hr.=$11,468.00
3/4T Pickup Code #00-06 10 Days @ 4hrs. per day at $15.32 per hr.=$612.80
Labor: Labor rates are based on standard prevailing wage rate for the Butte County Area.
Please note that we are using these rates for this estimate, however we will not be
required by law to pay these rates.
Heavy Equipment operators for the Crawler Tractor and the Self Propelled Scraper will
be 2 operators at 10 days at 8 hrs per man. 160 man hrs. at $52.51 per hr. $8,401.60
Monitoring Supervision based on review of the site twice per day [ at the start of the shift
and at shifts end] 4hrs per day at 10 days. 40 man hrs. at $35.33 per hr. 1 $1413.20
Total Equip. $22,152.00
Total Labor $ 9,814.80
Total for Section 1 $31,966.80
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Section 2-Revegetation
• Northwest Hydro seeding $15,000
Total for Section 2 $15,000
Section 3 -Plant Structures and Equipment Removal
Equipment for plant removal:
John Deere 990 Code# 1720 used to dismantle the plant and load onto trucks. 24 hrs @
121.66/hr.=$2919.84
Truck Code#60 used to transport removed equipment
101oads of equipment at 3 hrs. per load 30 hrs @ 59.60
$1,788.00
Trailer Code#500 used to transport removed equipment
10 loads of equipment at 3 hrs per load 30 hrs. @26.39
$791.70
Truck Code 20-28 used to dismantle the plant
40 @ 25.74
$1,029.60
Caterpillar D8K Code # 4858 used to scarify plant area
8 hrs @ 125.74
$1,005.92
Equipment Total $4,615.22
• Labor:
Driver 30hrs. @$41.65 =$1,249.50
Heavy Equipment Operator 8 hrs @ $52.51=$420.08
Laborers 2men at 40 hrs each= 80 hrs. @35.33= $2,826.40
Labor Total $4,495.98
Section 4 Miscellaneous Costs N/A
Section 5 Monitoring These cost have been included in Section 1
Section 6 Supervision/ Profit & Overhead/ Contingencies/ Mobilization
Mobilization:
Mob DBK, 631C, J.D. 990
Truck Code # 60 16 hrs @ $59.60=$953.60
Trailer Code #600 16 hrs. @ 32.77=$524.32
Equipment Total $1,477.92.
Labor: Driver 16 hrs. @ $41.65= $666.40
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• Sections 1-6 Equipment Total
1. $ 22,152.00
3. $ 4,615.22
6. $ 1,477.92
Total $28,245.14
15 % Cal Trans. Equipment Markup= $4,236.77
Grand Total Equip. $32,481.91
Section 1-6 Labor Total
1. $9814.80
3. $4495.98
6. $666.40
Total $14,977.18
33% Cal Trans. Labor Markup $4,942.46
Grand Total Labor $19,919.64
Total for Section 2 which is sub -contract $ 15,000
!0% Sub -contract Mark up $ 1,500
Grand Total $ 16,500
• Cost Estimate Sub Total $ 68,901.55
10% Contingency $ 6,890.16
Financial Assurance Cost Estimate Grand Total $ 75,791.71
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LETTER OF UNDERSTANDING
BETWEEN LUCKY SEVEN RANCH INC. AND DUKE SHERWOOD CONTRACTING.
On May 20'", 2004 Duke Sherwood and Clayton Gunn of Lucky 7 Ranch Inc. Along with
consultant Steve Card all agreed to allow mining operations in addition to the current operation of
Duke Sherwood under the following conditions.
1. Lucky Seven Ranch, its atliliates, agents and any and all third parties shall indemnify
and hold harmless any liability from outside mining operations that do not include Duke
Sherwood mining operations. Currently this includes and is not limited to Lucky 7 Ranch,
Clayton Gunn, Cary Gunn, Steve Card, and Anderson Drag Line, Inc. Duke Sherwood is also not
responsible for reclamation of areas that have been mined by any other company other than Duke
• Sherwood operations. Contrary, Duke Sherwood Inc. will be responsible to Indemnify and holds
harmless any liability resulting from his operation to Lucky 7 Ranch and its agents/affdiates. .
2. Clayton Gunn and Duke Sherwood have agreed to exclude from the area described
below from the current month to month current 'verbal agreement between Sherwood and Gunn.
From the North West corner of the main entrance off of Clark road to the
mine site; to the North East one half mile (2,640 feet) from the pavement
of Clark road and to the south of the main entrance to the existing fence .
line to the south of the existing borrow site. Any and all material in this
section is to be controlled by and the responsibility of Cary Gunn and/or
Lucky 7 Ranch and it's beneficiaries.
The property parallel to the west of Wheelock road and North West of Highway 70
intersection of Wheelock road to the farthest north of the Lucky 7 ranch property
line. And approximately 5,000 feet, west of the pavement of Wheelock road is under
the control of Lucky 7 Ranch. (Known as Cary Gunn pit.) This is
D
approximately the demarcation line where Duke Sherwood has finished Mining and
started his reclamation to the west toward Clark Road. (This is approximate corner of
the South West corner of parcel 41-12-29.) This is a basic description of the property
that has been designated as Diamler Rock to Cary Gunn from Clayton Gunn as well as
The described area in number 2 of this document.
3.. Lucky. 7 Ranch and its agents/affiliates, and/or third parties shall be responsible for all
reclamation. and management of the area described above under, item number 2.
4. The Arain water from the Duke Sherwood operation and its' settling ponds shall not be
obstructed.
5. Dan Breedon of Butte County was given verbal notice on 5-21-04 that Cary Gunn
would be operating in these areas described in this letter of understanding, giving notice that
Lucky 7 Ranch (Clayton Gunn). has the right to. prosper financially from the sale of materials from
the areas described above.
In the event An Dragline needs additional specified material other than the
' prescnbed areas the material may not eed 00 tons and will not in any way obstruct or
interfere with Sherwood operations. Eac to the best of their ability, will respect one
another' designated areas.
7. All existing service ro to be left in existence for adequate access through property.
All parties to `get along' in respectin one another so that everyone is able to
prosper. This includes not one other ' elation to contracts for materials with third
parties. The purpose of this clause is so eryone involved can move forward enjoying the .
benefits o prosperity without negative ' ences an ' terfere
Date Oy Date
Lucky 7 Ranch Duke Sherwood Contracting Inc.
Clayton Gunn Duke Sherwood/'f
4741 Lucky 7 Lane 495 Stimpson Road
Oroville, Ca. 95965 Oroville, Ca. 95965
Steve Card (Witness)
0
c.41?y
Date
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Butte County Department of Development Services
TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR
7 County Center Drive
Oroville, CA 95965
(530) 538-7601 Telephone
(530) 538-7785 Facsimile
ADMINISTRATION *'BUILDING * PLANNING
February 7, 2013
Alicia Johnson
Department of Conservation
Office of Mine Reclamation
801 K Street, MS 09-06
Sacramento, CA 95814-3529
RE: Submittal of Annual Financial Assurance Cost Estimate (CA MINE ID # 91-04-0014) Lucky 7 Mine
Dear Ms. Johnson:
Mr. Robert Sherwood, on behalf of Duke Sherwood Contracting, Inc., has submitted a Financial Assurance Cost
Estimate for the reclamation of the Lucky 7 Mine (CA MINE ID# 91-04-0014) dated January 23, 2013 for the
amount of $105,004. The Lucky 7. is located on the Lucky 7 Ranch (within Sections 3 & 4 of T20N, R3E, and
Sections 34, 35, and 38 of T 21 N; R 3E, MDBM) and is entitled under Mining Permit and Reclamation Plan 94-
63.
Currently the Lucky 7 is covered by Surety Bond No. 5998183 for $10,000 (dated May 13, 1999) and an increase
rider of.$65,792 (dated June 20, 2008) for a total financial assurance of $75,792. Reclamation Plan 94-63
requires grading of pits to natural contours and reseeding with "naturals" for restoration of the site to grazing
land. As noted in the 2011 and 2012 MRRC-1 Annual Inspection Reports, approximately 5 acres are subject to
reclamation. However, in addition to the site disturbance area, the processing plant occupies approximately 5
additional acres, for a total reclamation area of 10 acres. The submitted financial assurance cost estimate thus
provides $10,500 per acre for third -party reclamation of the site.
Staff has reviewed the cost estimate for compliance with the provisions of the Surface Mining and Reclamation
Act (SMARA), as well as for adequacy of third -party reclamation of the mine. Based on this review, the County
of Butte believes that the estimate is adequate to complete reclamation of the site. The attached FACE is being
submitted to your office under this cover letter for OMR's 45 -day review and concurrence.
If you should have any questions regarding this submittal, please feel free to contact me at (530) 538-7150.
Sinc ely,.
Rowland Hickel, Senior Planner
Butte County Department of Development Services
rh ickela-buttecou nty. net
ENCLOSURE
40 cc: Lucky 7 Mine file
Duke Sherwood Contracting, Inc.
General Engineering'Contractor #327827
NGI?r 495 Stimpson Road • Oroville, CA 95965• (530) 531-2710
Rowland Hickel
Senior. Planner
Butte. County Department .of Development Services
530 538 7150
rhickel @buttecountY net ,
Mr. Hickel.
As per our phone ,conversation we are revising our estimates: for our Financial Assurance Cost Estimate'for the
Lucky Seven Fit (CARMINE ID #91 -04 -0014). -
In response to your -letter dated: 1-17-13 regarding the unique characteristics of everymine, I will attempt to
give. you a brief overview of this pits history, and the nature of the mining activities. This. pit is one, of the oldest
in the area. There have been numerous operato. rs. over the years with a considerable amount of material going to
the construction activities in the Feather River Canyon's development. We. are at the tail -end of this mine's
aggregate production. The materials that have been minedare from "the hydraulic mining that occurred -in the
Cherokee diggings" and washed down stream "from that location. The pockets of aggregate that we have been
mining ,vary in depth from, approximately 2' to 8'. Once we remove this aggregate we are to the originalground
pre Cherokee mining times. This area has been extremely easy to reclaim as .we' eave the large trees and, the
'existing access roads as per the ;property owners -requests. We simply smooth the original ground and then
slope up to those areas that the owner wants to leave at their existing elevation. The slope- varies from 3' or 4! to
one slopes as this area is used for cattle, grazing.
CJ
1-24-1-3-
Financial
-24-13
Financial Assurance Cost Estimate for Duke SherwoodContracting Inc., CA MINE 113
#91-04-0014
Prepared by Robert E..Sherwood, Sec/ Tres. For, Duke Sherwood Contracting Inc.
Section 1 -Primary Reclamation Activities
Description of Task: Reclaim 5 to 10 acres of surfaced mined area with,grading
equipment.
Misc: Information: Reclaim 5 to 10 acres at a production rate of 1 acre per day.
Equipment: Rates and Equipment Codes are basedon the State of California,'Dept. of.
'Transportation, "Labor Surcharge and Equipment Rental Rates" Effective April 1, .2012
through March 31, 2013.1..
Caterpillar D8K Code#4858 10 days @ 8hrs. per day -at $154.40 per hr.= $12,352,
Caterpillar 631C Code#2170 10 days @ 8hrs. per day at $180:50 per hr.=$14,440.
3/4T Pickup Code #00-06 10 Days @ 4hrs. per.dayat'$25.04 per hr:=$1,001.60
Labor: Labor rates are based on standard prevailing wage rate for the Butte County Area.,
Please note that we are using these rates for this estimate, however we will not be
required by law to pay these rates.
Heavy'Equipment operators for the Crawler Tractor and the Self P.ropelled.Scraper,will
be� 2 operators at. 10 days at 8 hrs per man.160 man hrs. at $73:09 per hr. $11,694.40
Monitoring Supervision based on: review of the site twice,per day [ at the start of the shift
and at shifts end] 4hrs per day at 10 days. 40 man hrs : at_$51'.67 per hr. $2:066.80
Total Equip. $27,793:60
Total Labor $13761.20
Total for Section 1. $41,554.80
Section 2-Revegetation
0
LJ
Northwest Hydro seeding .$1.6,'500
Total for Section 2 $16,500
Section 3 -Plant Structures and Equipment Removal
Equipment for plant removal:
Cat 350 Excavator Code#0360 used to dismantle the plant and load onto trucks.. 24 hrs
@ 193.55
.,.$4t645- 20
Truck Code#160 used to transport removed equipment
10 loads of equipment at 3 hrs. per load 30 hrs @ 75.26
$2,257:80'
Trailer. Code#500 used to transport removed equipment
10loa0s of equipment at, 3 hrs per load 30 hrs. ,034.69
$1,040.70
Truck Code 20-28 used to dismantle the plant
40 @ 33.12
$1,324.80
Caterpillar,D8K Code-# 4858 used to scarify plant area:
8.hrs @ 154.40
$1,235:20
Equipment Total $10;503:70
• Labor:
Driver 30hrs. @54.28 =$1,628.40
Heavy Equipment Operator:32,hrs @ $73.09= $2,338.88
Laborers !men at,40 hrs each=.80 hrs..051:67= $4;133.60
Labor Total $8,100.88
Section 4 Miscellaneous Costs N/A
Section 5 Monitoring These costhave been included in Section 1
Section 6: Supervision/ Profit,& Overhead/ Contingencies/ Mobilization
Mobilization:
Mob D8K;'631C Cat 350
Truck Code # 60 T2 hrs @ $75.26=$903.12
Trailer Code #60012 hrs. @ 34.69=$416.28
Equipment Total $019.40
Labor: Driver 16 hrs. @ $54.28=$868.48
Sections 1=*.Equipment Total
•
1. $ 27,793.60
3_110,503.70
6. $1,319.40
Total $40,936.10.
15 % Cal Trans. Equipment Markup= $6140.42
Grand Total Equip. $47,076:52
Section 1-6 Labor Total
1. $13,761.20
3. $8,100.88
6. $868.48
.
Total $22;730.56
33% Cal Trans. Labor Markup $7501.09
Grand Total Labor $309231.64
Total for Section 2 which, is sub -contract ,$ 16,500
!0% Sub -contract Mack up $1;650
Grand Total $18,150
Cost Estimate:Sub Total $ 95458.17
•
10% Contingency $ 9545.81
Financial Assurance Cost Estimate Grand Total $ 105003.99
0
Ar
R
•
•
MINING PERMIT
jut. 9 i7 o�JJ�
BUTTE COUNTY PLANNING COMMISSION DATE: (Certifbied Mail Rec.)
94-63
PERMIT NO.
041-120-007,115
ASSESSOR'S PARCEL NO.
Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special
conditions set forth below: Duke Sherwood, Duke Sherwood Contracting Inc., Lucky 7
Ranch is hereby granted a Mining Permit in accordance with application filed: April 19,
1994 to allow a Mining Permit and Reclamation Plan on property zoned "U" (Unclassified)
and A-160 (Agricultural - 160 acre parcels) located east of Clark Road, along Dry Creek,
in central Butte County.
I. Failure to comply with the conditions specified herein as the basis for
approval of application and issuance of Permit, constitutes cause for the
revocation of said permit0Ordinance, idance With ncluding Bthe utte County Codeocedures . Sec. in the
Butte County Zoning
2. Unless otherwise provided for in a special condition to this Mining Permit,
all conditions must be completed by the Permittee within 12 months of the
delivery of the countersigned permit to the Permittee.
3. If any use for which a Mining Permit has been granted is not established
within one year of the date of receipt of -the countersigned permit by the
Permittee, the permit shall become null and void and reapplication and a
new permit shall be required to establish the use.
4. The terms and conditions
this
thrermit haerepreentrepresentatives, successoll run with e land and shall be rs, anng
d
upon and be to the benefit
assigns of the Permittee.
SPECIAL CONDITIONS:
1. Mining activities shall be prohibited from riparian corridors where riparian
vegetation is located.
2. Should any historic or prehistoric sites, features, artifacts, or human skeletal
remains be discovered during the project development, the Butte County
Development Services Director shall be notified and activity shall cease until a
qualified professional archaeologist has been consulted to assess the
archaeological or historic significance.
3. 'The applicant shall comply with emissions and dust control requirements of the
Butte County Air Pollution Control District.
4. The applicant shall provide toilet facilities per Butte County Environmental Health
standards.
5. The applicant shall post a performance bond or other financial assurance in an
amount and form acceptable to the Director of Development Services, Director of
Public Works and County Counsel, prior to issuance of the Mining Permit.
6. Construction materials, equipment, tires, or other mining related items that are
broken or in disrepair, shall not be stored on-site and shall be promptly removed
from the site.
7. The applicant shall pave the entrance from Clark Road (State Route 191) back to
the cattle guard within six (6) months after issuance of the permit, to Public Works
standards and approval.
8. Prior to the issuance of the Mining Permit, the applicant shall obtain the necessary
stream bed alteration permits required by Section 1600-1603 of the California Fish
and Game Code.
9. The mine operator shall submit annual reports containing information regarding
cubic yards of resources mined, number of acres mined, number of acres
reclaimed, etc.. Annual reports shall be submitted by January 31 of each year to
the Department of Development Services.
10. As a condition of approval for the permit, or the reclamation plan, or both, periodic
on-site inspection and monitoring by the Director of Development Services,
Director of Public Works, or contract monitor, and the Butte County Air Pollution
Control Officer shall be made to evaluate continuing compliance with the permit
and the reclamation plan. The monitoring shall be on an annual basis.
11. The applicant shall pay for the costs of the time and expenses of inspections by
the Director of Development Services, or his designee, Director of Public Works,
or contract monitor, and shall be billed this amount after each inspection.
12. A Reclamation Plan shall be submitted and approved prior to issuance of Mining
Permit.
13. The applicant shall comply with all other State and local statutes, ordinances, and
regulations.
•
n
lU
NOTE: Minor changes may be approved administratively by the Director of Development
Services, or designee, upon receipt of a substantiated written request by the applicant.
Prior to such approval, verification shall be made by each Department or Division that the
modification is consistent with the application, fees paid, and environmental determination
as conditionally approved. Changes deemed to be major or significant in nature shall
require a formai application for amendment.
I hereby declare under penalty of perjury that I have read the foregoing conditions,.
that they are in fact the conditions which were imposed upon the granting of this Mining
Permit, and that I agree to abide fully by said conditions.
Dated:
Applicant
NOTE: Issuance of this Mining Permit does not waive requirement of obtaining Building
and Health Department permits before starting construction, nor does it waive any other
requirements.
cc: land Development Division
Building Division
Environmental Health Division
Department of Forestry
Butte County Planning Commission Chairman
CA Mine ID # 91-040014 (Page 1 of 5)
Corporation
DEPARTMENT OF CONSERVATION
OFFICE OF MINE RECLAMATION
and the
(C O U N TYWVWO F BUTTE
.SURETY BOND (CORPORATION)
(Public Resources Code §2773.1) PREMIUM $200.00
EFFECTIVE DATE OF BOND: JULY 1, 1999 Bond No. 5998183
KNOW ALL PERSONS BY THESE PRESENTS, THAT THE UNDERSIGNED
DUKE SHERWOOD CONTRACTING. INC.
(Name of Corporation - Permittee and Principal, whose address for service is:)
495 STIMPSON ROAD OROVILLE CALIFORNIA 95965
(Street Address) (City) (State) (zip)
a corporation organized and existing under the laws of the State of CALIFORNIA as
Principal, and FIRST NATIONAL INSURANCE COMPANY OF AMERICA
(Name of Surety Company, whose address for service is:)
SAFECO PLAZA SEATTLE WASHINGTON 98185
(Street Address) (City) (State)
(ZIP)
organized and existing under the laws of the State of WASHINGTON and
licensed to do business in the State of California, as Surety, are held and firmly bound unto
the 0459County of BUTTE and, in the alternative, the Department of
Conservation, Office of Mine Reclamation, !S>MXMXMXAZr mxaXiWvlmxxxxxxxxxxxxxxxxxxxxxxxxx
(Third Party
xxxxxxxxxxxxxxxxxxxxxxxxx in the penal sum of TEN THOUSAND AND NO/100 ONLY
Public Agency)
DOLLARS ($ $lo.000.00 ) for
the payment of which sum we hereby jointly and severally bind ourselves, our successors, and
assigns. In the event of forfeiture by the Principal, the Obligees agree that, in the
aggregate, they shall not demand in excess of the penal sum of this bond.
THE CONDITION OF THE ABOVE OBLIGATION is such that:
Whereas, the above-named Principal has submitted RECLAMATION PLAN
(Permit or Reclamation Plan Application)
No. 94-63 including a mining and reclamation plan, to reclaim a surface mining
operation, as defined pursuant to the Surface Mining and Reclamation Act, Public Resources
Code, Division 2, Chapter 9, §2710 et seq. (the Act), and its attendant regulations
(California Code of Regulations, Title 14, §3500 et seq.); and
Whereas, a demand has been made upon Principal for security under Public
Resources Code §2773.1, to insure compliance with the Act; and this bond is executed and
tendered in accordance therewith;
•
•
0
CA Mine ID # 91-040014
Bond No. 5998183
(Page 2 of 5)
Corporation
Whereas, the Principal has chosen to file this performance bond as a guarantee that
the reclamation of the land disturbed during this surface mining operation will be completed
as required by the Act and regulations, and as specified in the Permit and Reclamation Plan
as approved by the WCounty of BUTTE
Whereas, the Surety and their successors and assigns agree to guarantee the obligation
and to indemnify the 0#/County of BUTTE , the Department of
Conservation, Office of Mine Reclamation xmxd(itxexxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
(Third Party Public Agency)
from the failure of the Principal to complete the reclamation of the land disturbed during the
surface mining operation in conformity with the Act and regulations and as specified in the Permit
and Reclamation Plan as approved by the ObtyVCounty, of BUTTE subject to the
penal sum of this bond;
Whereas, the surety, as part of the obligation secured by this bond, and in addition
to the penal sum specified in this bond, agrees there shall be included costs and reasonable
expenses and fees, including reasonable attorney fees, incurred by the County, and in
the alternative, the Department of Conservation, Office of Mine Reclamation, vxdtczty Wa
xtoaoectixaxAkuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx in successfully enforcing
(Third Party Public Agency)
such obligation against the surety, all to be taxed as costs and included in any judgment
rendered;
Whereas, obligations guaranteed by this performance bond shall be in effect for the
following described lands which are subject to the approved mining and reclamation plan or
increment upon which initial or succeeding operations by the principal will be conducted:
(Insert legal descriotion) LUCKY 7 RANCH
PARCEL #41-12-115
SEE ATTACHED SURETY RIDER WITH LEGAL DESCRIPTION
Now, if the Principal faithfully completes all reclamation requirements set forth in the
Act, the regulations, and all conditions of the permit related to reclamation, including the
mining and reclamation plan, then this obligation shall be void; otherwise, it shall remain in
full force and effect:
(a) beginning on the date of the approval and issuance of Permit No.
(or Reclamation Plan No. #94-63 ), or prior to commencement of surface
disturbance, and extending until all reclamation and restoration work pursuant
to the Act, the regulations, and all conditions of the permit related to
reclamation, including the mining and reclamation plan, has been completed to
the satisfaction of the WCounty of BUTTE and, in the
alternative, the Department of Conservation, Office of Mine Reclamation; xxxMx
oo(: kxxzfbea-=Nx=kbe(xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxX and,
(Third Party Public Agency)
• CA Mine ID # 91-040014
Bond No. 5998183
(Page 3 of 5)
Corporation
(b) until the bond is released or replaced, or until the permit has been sold,
reassigned or otherwise transferred in accordance with the Act and its
attendant regulations.
The failure of the Principal to fulfill mined land reclamation obligations specified by
the Act, the regulations, and all conditions of the permit related to reclamation, including the
mining and reclamation plan, shall result in a forfeiture of this performance bond
according to. the procedures described in the Act.
The amount of the Surety's liability may be adjusted by the WCounty of
BtrRE and, in the alternative, the Department of Conservation,
Office of Mine Reclamation am*xxi;hxxztboaxx ixlwotkxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
(Third Party
_xxxxxxxxxzxxx xxxxxxxxxxx pursuant to the Act for lands covered by this bond which have been
Public Agency)
disturbed by the Principal, or for which reclamation has been completed and approved by
the (Lq/County of BUTTE and in the alternative, the Department of
Conservation, Office of Mine Reclamation. 'if the penal sum of this bond requires
adjustment, it shall be by use of an Increase/Decrease Rider.
• The surety hereby stipulates and agrees that no change, extension of time, alteration
or addition to the terms of the RECLANATION PLAN No. 94-63
(Permit or Reclamation Plan Application)
or to the work to be performed thereunder or the specifications accompanying the same .
shall in any way affect its obligation on this bond, and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms of the RECLAMATION
PL(Permit
AN , No. 94-63 or to the work or to the specifications. Surety
or Reclamation Plan Application)
further stipulates and agrees that the provisions of Section 2845 of the Civil Code are not a
condition precedent to surety's obligations hereunder and are hereby waived by surety.
The Surety will give prompt notice to the Principal, the DiWCounty of BUTTE
, the Department of Conservation, Office of Mine Reclamation a[ooxicbje
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx of any notice received or action filed alleging
(Third Party Public Agency)
the insolvency or bankruptcy of the Surety, or alleging any violations or regulatory
requirements which could result in suspension or revocation of the Surety's license to do
business.
In the event the Surety becomes unable to fulfill its obligations under the bond for
any reason, notice shall be given immediately to the Principal, the 9akyc/County of BUTTE
, the Department of Conservation, Office of Mine Reclamation =)d;tIxx
xxxxxxxxxxxxxxxxxxxxxxxxxxx.
(Third Party Public Agency)
. Upon the incapacity of the Surety by reason of bankruptcy, insolvency, or
suspension or revocation of its license, the Principal shall be deemed to be without bond
coverage in violation of the Act, and subject to enforcement actions described in the Act.
CA Mine ID # 91-040014 (Page 4 of 5)
Bond No. 5998183 Corporation
• IN WITNESS THEREOF, the -Principal and Surety have thereunto set their signatures
seals as of the dates set forth below. and
Date MAY 13, 1999 DUKE SHERWOOD CONTRACTING, INC.
(Corporation - Permittee (Principal])
By: a -L
(Corporate Seal)
(Signature of Corporate Officer)
S4('_ n eco o z; d
Typed or Printed Name
Title:
I declare, under penalty of perjury. under the laws of the State of California, that I have executed
the foregoing bond under an unrevoked Power of Attorney.
FIRST NATIONAL INSURANCE COMPANY OF AMERICA
(Sure C )
• By: (�
(Si nature of Attorne - act for Surety)
(Seal)
JANA B. PILGARD
Typed or Printed Name
Title: ATTORNEY IN FACT
Executed in SACRAMENT on MAY 13; 1999 Y under
(City and State) (Date)
the laws of the State of California.
(Note: Where one signs by virtue of a Power of Attorney for a Surety Company, such fully
executed Power of Attorney must be filed with this bond.)
CA Mine ID # 91-040014
Bond No. 5998183 (Page 5 of 5)
• Corporation
ACKNOWLEDGMENT OF CORPORATION - PERMITTEE
State of
SS.
County of lu�_
On this 5%f
I� QMnj in the year 2WO , before me, (name
and quality of officer), personallyi appeared bi nck Shxnocod' personally
known to me (or proved to me on the basis of satisfactory evidence)to be the person(s-j'
whose name(a) is/subscribed to the within instrument and acknowledged to me that
-h,e/she/t#ey executed the same in laic/her/tteir authorized capacity,( —,,, and that by
--tris/her/their signatureN, on the instrument the personfsj, or the entity upon behalf of which
the person,(sj acted, executed the instrument.
WITNESS my/ha d and official seal. ljjj``` oFFtCtALSFAt.
' JULIE PROPS
L. S. : • NOCOM MISSION # 1118578
PtJt3lIC•CJWFORNIA
C
Notary's Signature YUBA COUNTY
My Commission Expires: I�' -ZLY.�U MyCofSsionEW.Novembw2s,ww
• ACKNOWLEDGMENT OF SURETY
State of CALIFORNIA
SS.
County of SACRAMENTO
On this 13thof MAY , in the year 1999 , before me, SUSAN FOURNIER (name
NOTARYPUBLIC
and quality of officer), personally appeared JAMA B. PILCARD , personally
known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
SUSAN FOURNIER
COMM. # 1107042 DD
Q • m NOTARY PUBUC-CAUFORNIA D
L. S. d SACRAMENTO COUNTY
Notary's Signature MY COMM. EXPIRES JULY 28.2000
My Commission Expires: JULY 28, 2000
NOTE: Please identify the agent acting on behalf of the surety, if applicable.
AGENT CHARTMELL SURETY INSURANCE AGENCY PHONE 916-485-8000
• ADDRESS
3301 MATT AVENUE, SUITE 810
SACRAMENTO, CA 95821
•
SURETY RIDER
To be attached to and form a part of Reclamation Bond #5998183 dated effective July 1, 1999
executed by Duke Sherwood Contracting, Inc., as Principal and by First National Insurance
Company, as Surety, in favor of State of California, Department of Conservation, Office of Mine
Reclamation, as Obligee, as respects the following legal description:
Included within the Lucky 7 Ranch property situation in T. 21 N., R. 3-4 E., MDB&M, Butte
County, California, located within Sections 3 and 4 of T20N, R3E, and Sections 34, 35 and 38 of
T2 1N, R3E MDB&M, is a strip of land containing precious minerals and sand and gravel deposits.
This strip runs along Dry Creek in a general north-easterly direction and is bounded on the southwest
by Clark Road and on the north-east by Wheelock Road. The north boundary of this strip of land
shall, for the purposes of this Lease, be designated as the northerly bank of Dry Creek existing as
of the date of this lease. The south boundary shall be a line running parallel to the northerly bank
of Dry Creek at an approximate average distance of five hundred (500) feet from said northerly bank
or such greater distance as may exist sand and gravel deposits. This strip of land as it lies between
• Clark Road on the west and Wheelock road on the east shall be divided into three sections as
follows:
a) The first section shall have as its westerly boundary the intersection of said strip of land
and Clark Road. The easterly boundary shall be an imaginary straight line commencing on the north
boundary and ending on the south boundary of said strip of land at points where an imaginary three
thousand (3000) foot straight line commencing at the Clark Road entrance gate and swung on an arc
would intersect said north and south boundaries of said strip of land. This first section shall
hereinafter be referred to as the "Lower Section"
b) The second section of said strip of land shall have as its west boundary the east boundary
of the Lower Section as described above. The east boundary shall be an imaginary straight line
commencing on the north boundary and ending on the south boundary of said strip of land at points
where an imaginary six thousand (6000) foot straight line commencing at the Clark Road entrance
gate and swung on an arc would intersect said north and south boundaries of said strip of land. This
second section shall hereinafter be referred to as the " Middle Section"
c) The third section of said strip of land shall have as its west boundary the Middle Section's
east boundary as described above. The east boundary shall be the intersection of said strip of land
with Wheelock Road. This third section of said strip of land shall hereinafter be referred to as the
"Upper Section"
0
NMI �,ke . POWER
OF ATTORNEY
4333 Brooklyn Avenue N.E.
#, WA 98105
KNOW ALL BY THESE PRESENTS:
FIRST NATIONAL INSURANCE COMPANY OF AMERICA
4333 BROOKLYN AVE NE
SEATTLE, WASHINGTON 98105
No. 9829
That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint
#I:it####kkkL##kkk###kkkf##ikik#kk#4k####kk#kk#kkkkk####kkk#*JANA B. PILGARD; Sacramento, L'allf011Lafk#f#Sik####Etk###kkk####kk###kkt####ki######k#kk##ISS#kkk##
its true and lawful attomey(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of 3 similar
character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such
instruments had been duly executed by its regularly elected officers at its home office.
IN WITNESS WREREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 24th
R.A. PIERSON, SECRETARY
CERTIFICATE
day of March
1999
k�,00&6"�
W. RANDALL STODDARD, PRESIDENT
Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA:
"Alik V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointec for that
p by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to
ex on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business.. On any
instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not
be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By -Laws, and
(ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power -of --attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, R.A. Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a
Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the
Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this 13th day of MAY , 1999
• • R.A. PIERSON, SECRETARY
S-1049/FNEF 7/98
3/24/99 PDF
DUKE SHERWOOD CONTRACTING, INC.
RECLAMATION PLAN
LUCKY 7 PIT
March 22, 1994
1]
A. ENVIRONME AL SETTING
A-1 INTRODUCTION
Duke Sherwood Contracting, Inc. has been operating in the Lucky 7 Pit since January
17, 1984. This quarry site is adjacent to Dry Creek between Clark Road on the southwest end
of the pit and Wheelock (Messila Valley) Road on the northeast end of the pit, approximately
two and one half miles in length. The side limits on the pit are clearly defined by the alluvium
deposits.
This quarry site, it is said, was the first operating quarry in Butte County. The quarry
has been mined by many different operators over the years. Since 1970, Duke Sherwood
Contracting, Inc. is the third operator of the quarry.
The material extracted from this site is the alluvium that has been deposited over the
years. Much of this material is the result of the hydraulic mining that occurred at the Cherokee
Mine. Because this is only a screening operation, the products offered are sands and gravels.
The washed sands produced are used for backfill of utility trenches for electrical and gas lines,'
for plaster and mortar sands and for decorative uses such as golf courses and volleyball courts.
The unwashed sands are used as a backfill material. The gravels produced are pea gravel and
a cobble rock. The pea gravels are used as a bedding material for pipe lines and for decorative
uses. The cobble rock is used for decorative work and for erosion control. These products are
sold to the general public, to utility companies and to governmental agencies at all levels.
A-2 PRESENT AND FUTURE LAND USE
This quarry site is part of Lucky 7 Ranch and has been used for grazing. The grazing
has continued on the mine site through the years of the quarry's operation. With on going
reclamation, the site can be used for grazing while it is being mined. Upon extraction of all
usable minerals and the completion of the reclamation, the site will continue to be used for
grazing. Because these alluvium deposits are the result of the hydraulic mining from the
Cherokee Mine, it is unlikely that this site will produce adequate materials to justify further
quarry operations.
A-3 GEOLOGY AND SOILS
The Riverwash lies between Scabland on the north and Honcut sandy loam on the south.
The scab land consists of areas of dissected remnants of lava flow that extend from high up in
the Sierras to the valley floor. The slopes are gentle and regular, but the surface is covered with
large lava boulders which are andesites and basalts. The Honcut sandy loam is a loose, friable,
granular material 12 to 40 inches thick. This will rest upon variably textured and stratified
elements. The Honcut sandy loam is a reddish -brown color and does have considerable organic
matter in the top few inches. Riverwash comprises the comparatively barren areas of sand,
gravel, and boulders occupying positions along Dry Creek. These materials have come from
• workings of the old' C ukee hydraulic mine.
-A-4 SURFACE WATER AND GROUND WATER
Dry Creek runs through the quarry site although most of the mining operation, to include
the plant operation, lie to the south of Dry Creek. Settlement ponds have been constructed and
are used in conjunction with the screening operation. The water source for the settlement ponds
is Dry Creek.
The Dry Creek watershed north of the quarry is in excess of 6,500 acres. The
watershed runs from an elevation of 2200', draining part of the Town of Paradise, to an
elevation of 400' at the quarry site. This watershed is steep, long and narrow. Winter runoff is
very fast with this basin being very sensitive to localized storms. Dry Creek does flow water
through out the year however, late summer flows are low.
The closest domestic well to the quarry site indicates the ground water table to be at
approximately 40'.
A-5 VEGETATION
In general, the river wash is barren of vegetation, but in places there is a growth of
cottonwoods, willows, brush and vines. Native grasses have propagated in areas that were mined
years ago and also in areas that have been reclaimed by Duke Sherwood Contracting.
•
3
B. MINING •
B-1 CURRENT CONDITIONS, PUBLIC HEALTH AND SAFETY
All mining to date by Duke Sherwood Contracting has been performed using bulldozers,
scrapers, graders or other excavation equipment.
While the entire quarry site has been previously mined, the current operation is limiting
the extraction areas to five acre sites. Because of the alluvium materials being mined, there is
no need for explosives to be used on site.
Reclamation of mined areas has been performed. The mined areas are graded to a
uniform condition, naturals are placed if needed, to allow grasses to grow. It has been possible,
because of the alluvium materials, to complete reclamation without placement of naturals. Since
Duke Sherwood Contracting has been operating the pit, they have reclaimed over thirty acres
that they have mined.
B-2 EXTRACTION METHODS
Materials in this mine are identified as alluvium with these materials being the result of
the old hydraulic Cherokee Mine. Extraction of these materials can be accomplished with the
use of normal excavation equipment. The alluvium material is rarely found in depths greater than
six feet. Therefore, the use of scrapers, dozers, graders and front end loaders are common for
this quarry operation. •
The materials extracted from this mine include sands, gravels and cobbles. The
processing of this material is via a wet screening plant. The plant site is stationary and occupies
approximately five acres.
Since the types of alluvium materials may vary throughout the quarry, two or three
separate areas of excavation may be ongoing simultaneously. The sand deposits may be heavier
in one area with the gravels heaviest in another. However, special care is taken not to disturb
more than a five acre site. Upon completion of extraction on the mineral, that site is uniformly
graded, topped with naturals if needed and seeded with a mixture of seed that is approved by
the agricultural commissioner.
This mine has been mined for decades prior to the current operator. Evidence of these
operations is clearly visible throughout the mine. Because of these prior operations and the
irregular depth of the alluvium deposits, it is difficult to designate definite areas of future mining
activity. The quality and quantity of the materials to be mined can only be determined by
exploratory excavations.
4
:z
• B-3 EXCAVATION LIMITS, SLOPES AND DRAINAGE
The Lucky 7 Pit is defined as being along Dry Creek from Clark Road to Wheelock Road
(Messila Valley Road). This a length of approximately two and one half miles. It is clearly
visible that prior operators of this mine did in fact extract materials for the full length of the
quarry.
With the plant site occupying approximately five acres, and the evaporation -settlement
ponds being approximately two and one half acres, Duke Sherwood Contracting would not
disturb more than five additional acres for materials extraction. Upon completion of the
extraction, those mined lands would be reclaimed by uniformly grading, placement of naturals
if needed and seeding using an approved seed mixture.
With this operation being the extraction of alluvium deposits, rarely does the depths of
these materials exceed six feet. More typically, the depths are four to six feet and in some cases
only a couple of feet. Slopes of the materials will be retained or replaced at 4:1. Because of the
types of mined materials and the local environment, drainage is not a problem. The mined areas
being graded uniformly and seeded will assist in the prevention of erosion.
B-4 CONTAMINANTS AND MINING BY PRODUCTS
Preventive measures against soil contamination have been in effect since the beginning
• of the Duke Sherwood Contracting operation, and they will continue. Petroleum products are
dept under lock and key. The petroleum tanks are located in containment areas that limit
potential contamination from an accidental spill as per state and federal laws. Other contaminants
are kept in proper containment devices to insure safety from accidental spills.
The hazardous materials stored within the quarry site are as follows: Diesel Fuel,
Hydraulic Fluids, Motor Oils and Anti -freeze.
All surface water runoff from the plant operation site is sloped away from Dry Creek and
in the direction of the settlement pond. As needed this pond will be cleaned of the fines and silts
which then will be used in the reclamation process.
All materials passing through the screens are sold as the different types of sands, gravels
and cobbles. The only by product is a limited amount of naturals which will be used in the
reclamation process.
B-5 DUST CONTROL
Because this mining operation is the extraction of alluvium deposits, dust is generally not
a problem in the excavation of this material. The natural moisture content of this material and
the lack of the finer silts prevents excessive dust,
5
•
The screening r . ocess used is a wet screen. This is used for not only control of any .
potential dust but also for the production of the more specialized materials offered by this
quarry. These products include plaster sand, mortar sand, decorative sands, pea gravels, drain
rock.
All dust amounts shall be kept within the existing limits set by the Butte County Air
Pollution Control District.
•
6
• C. RECLAN. AON
C-1 RECLAMATION METHOD
The proposed reclamation process will continue as soon as all useable materials have been
mined. Because the mining operation will disturb only five acres at a time, the largest area to
reclaim will be Five acres.
Once reclamation begins on an area, the surface will be uniformly graded with side
slopes graded to a 4:1 or flatter. As required for seeding, naturals will be placed using scrapers
and -a grader. Because of the alluvium deposits and the underlying natural soils, the depths of
the naturals is not considered to be a significant factor in the seeding process.
C-2 EROSION CONTROL AND SEDIMENTATION
The topography of the quarry site is such that erosion and sedimentation from the quarry
operation is not considered to be a significant problem. The mine site slopes with Dry Creek in
the east -west direction but is basically level in the north -south direction (perpendicular to Dry
Creek).
Quarry operations as well as the plant site have been graded such that any runoff is
directed away from the stream bed. Sedimentation ponds are located south of the plant site.
Because of the granular nature of product produced, erosion from stock piles is not considered
• to be a problem.
C-3 STREAM REHABILITATION
While the quarry lies parallel with Dry Creek the quarry operations are kept out of the
stream bed. The only interference with Dry Creek comes from stream bed crossings. All
applicable permits have been obtained from the Department of Fish and Game.
C4 REMOVAL OF EQUIPMENT AND MATERIALS
Upon completion of Duke Sherwood Contracting mining operation, the plant site will be
dismantled and removed from the site. Should material stock piles remain they will be either
removed from the site or uniformly placed in an area that is to be reclaimed. The plant site and
all unreclaimed areas will then be reclaimed. The mobile equipment used for this reclamation
will then be removed from the site.
The evaporation/siltation pond will remain to enhance the environmental setting and to
provide an additional watering pond for the livestock.
7
•
D. RE-ESTABLISHMENT OF VEGITATION •
D-1 PLANT SPECIES
The planting of a grass mixture as approved by the agricultural commissioner, will be
done for future grazing.
D-2 PLANTING METHODS
The planting methods imployed will be consistant with the recomendations of the
agricultural commissioner, the planting terrain and the remaining materials.
•
8
•
•
RECLAMATION COSTS FOR LUCKY 7 PIT
The following is a cost breakdown with equipment to be used for the reclamation. The area to
be reclaimed will be uniformly graded using dozers and a grader, applying water as needed. A
blend of grass seed, as approved by agricultural commissioner, will be spread over the area.
Seeding will take place in the fall or spring of the year depending on wheather conditions at that
time. All slopes will be flatter than a 4:1.
A. Equipment
Item
Quantity
$/Day
Total Days
Total Cost
CAT D -8N DOZER
1
1300
1
1300
CAT 140G ROAD
GRADER
1
650
1
650
WATER TRUCK
1
425
1
425
TOTAL
$3450
B. Labor
Item
Quantity
.$/Hr.
Total Hours
Total Cost
D8 Equipment Operator
1
45.00
8
360.00
140G Equipment Operator
1
45.00
8
360.00
Laborer
1
35.00
8
280.00
Total
$1000.00
C. Materials
Item
Pounds per
acre
$/lb.
Total
$/Acre
Total
Acres
Total
cost
Seed Blend
35
9.25
323.75
5
$1618.75
Total$1618.75
Total cost for reclaiming each 5 acre work area will be $6068.75
2
• Butte County Department of Development Services
TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR
7 County Center Drive
Oroville, CA 95965
(530) 538-7601 Telephone
(530) 538-7785 Facsimile
ADMINISTRATION * BUILDING * PLANNING
June 22, 2010
Duke Sherwood
Duke Sherwood Contracting, Inc.
495 Stimson Road
Oroville, CA 95965
RE: Financial Assurance Cost Estimates for Lucky 7 Mine
CA MINE ID# 91-04-0014
Dear Mr. Sherwood:
On March 22, 2010, the County of Butte submitted your revised cost estimates to the Department
• of Conservation -Office of Mine Reclamation (OMR), pursuant to Public Resources Code (PRC)
Section 2773.1: The revised estimates submitted for the reclamation of the site reflected a small
change to a new amount of $75,791.71 for the Lucky 7 Mine (CA MINE ID# 91-04-0014).
OMR did not respond with any comments to the submittal and, pursuant to PRC 2774(d)(1), the
estimate for $75,791.71 may be presumed adequate for the third -party cost to reclaim the site.
There is no need to revise the financial assurance of $75,792.00 as it covers the estimate.
Also enclosed is the 2009 MRRC-1 annual inspection report, sent to the. Office of Mine
Reclamation on January 13, 2010. Please note that the Block VI financial assurance comments
were written on January 7, 2010, before the County received your January 12, 2010 cost estimate
that (approved as noted above) and therefore they do not currently apply. The Lucky 7 is in
compliance with its permit, reclamation plan, Butte County Code and the Surface Mining and
Reclamation Act.
Thank you for your assistance with Butte County's implementation of the Surface Mining and
Reclamation Act. If you should have any questions, please feel free to contact me at (530) 538-
6706.
Si:7�
j
a V CL/
Chris Thomas
Senior Planner, Butte County Department of Development Services
Tel. 530-538-6706
c
• Cc: Alicia Johnson, Office of Mine Reclamation, 801 K Street, MS 09-06, Sacramento, CA 95814-3529
Lucky 7 File
BUTTE COUNTY RECEIPT
*RECEIPT NUMBER PREFIXES* -
= Development Services - Building/Planning Division (530)538-7601
= Environmental Health (530)538-7281
= Public Works Department (530)538-7681
Receipt Number: P1859 Date Paid: 12/10/2010
Paid By: Duke Sherwood Contracting, Inc Received By: CPT
Project Number: MAI10-0018 Pay Method: CHECK 11005
Site Apn: 041-140-062
Description: Lucky 7 Inspection
Printed: 12/10/2010
9:39 am
Site Address: 0 CLARK RD OROVILLE, CA 95965
Applicant: Duke Sherwood Contracting, Inc
Fee Description Account Number Fee Amount
DP GPMF General Plan Maint Fee 0010-440001-4610311-10113311 $124.70
DP Mining Insp & Financial Rvw 0010-440001-204401-101001 $2,771.00
DP Tech Maint Fee 09 0010-440001-4610312-101001 $27.71
Total Fees Paid:
•
$2,923.41
LETTER OF TRANSMITTAL
• I) DUKE SHERWOOD CONTRA
General Engineering Contractor #327827
Butte County Dept. of Development Services
TO: 7 County Center Drive
Oroville, Ca. 95965
•
G, INC.
495 STIMPSON ROAD
OROVILLE, CA 95965
(530)533-2710
DATE 12-7-10 JOB NO.
ATTENTION Chris Thomas
RE:
SMARA INSPECTION
WE ARE SENDING YOU M ATTACHED . O UNDER SEPARATE COVER VIA THE FOLLOWING ITEMS:
❑ SHOP DRAWINGS ❑ PRINTS O COPY OF LETTER O SAMPLES ❑ SPECIFICATIONS
❑ CHANGE ORDER ❑ PLANS ❑
Please find check for $2923.41 for deposit
as requested in your letter of October 26, 2010
Thank you,
REASON FOR TRANSMITTAL CHECKED BELOW:
❑ FOR APPROVAL O APPROVED AS SUBMITTED O RESUBMIT COPIES FOR APPROVAL
O FOR YOUR USE ❑ RETURNED FOR CORRECTIONS O SUBMIT COPIES FOR DISTRIBUTION
O AS REQUESTED O FOR REVIEW AND COMMENT O RETURN CORRECTED PRI NTS
❑ APPROVED AS NOTED ❑
O FORBIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS
0
COPY TO SIGNED
PLEASE NOTIFY US AT ONCE IF ENCLOSURES ARE NOT AS NOTED.
State of California
DEPARTMENT OF CONSERVATION
SERVATION
&ICE OF 'MINE, RECLAMATION
C-1 Page I of'3 (Rey. 09/05)
SURFACE MINING INSPECTION REPORT.:
Instructions for completing this form are on the reverse.side. Affactf notioe(s) of violaeion(s) and order(s) to comply for all observed non-compliance.
I. Mine Name as reported by Operator on Mining Operation Annual Report
Inspection Date:
CA MINE IEW.
Lucky 7
October 27'2009
91- 04-0014
Al. SMARA Lead Agency Name (City. or County only
Butte Countv.
Inspector
Telephone
Chris Thomas
( 530) 5.311-6706
Title
Organization
Senior Planner
DeDairtment of Develoornent Services
Mailing Address
7 C6untv Center Drive
:City .
State
ZIP Code
Orfivillp
1:
CA
95965
E-mail Address (Optional)_�
cthomas@buttecounty.net
me Operator.
P.
ke Sherwood Contracti6q; Inc.
No
ContactPerson . 7•
Yes
Telephone
Duke Sherwood
CJ
530) 533-2710
Mailing Address
495 Stimhstin Road
El
City
State
ZIP Code
Oroville
_(Optional)
CA
95965
..E-mail ,AdTr—ess
F. No r unknown
dcsinc@huqhes.net.
E. , Yes
IV. Does the operation hav6:*
P.
'NR
No
Yes
A permit to mine?
CJ
G
Permit#
Anappioved Reclamation Plan?
El
0
R"t OP QA-rl
I
Has the operator filed a Mining Operation Ann . ual Report (form MRRO-2)7
Check one:,
E] Yes
F. No r unknown
Is this operation on Federal L and7 Check one:
. . . . . . . . . I
If "Yes", provide one or both of the Federal Mine Land below.
E. , Yes
EX No
California Mining Claim Number (qAMC#j:
U.S. Forest Service Identification Number (USFS ID.#):
DISTRIBUTION: Original to Operator. Copies to: State (by Lead Agpncy),- Lead Agency, . State (by Operator), and BLM or USIFS (if required).
INSTRUCTIONS FOR COMPLETING'SURFACE MINING INSPECTION REPORT
Form MRRC-1 Page 1 (Rev.09/05)
0
This report documents observations conceming compliance with California's Surface Mining and Reclamation Act (SMARA) and related
reporting requirements (Public Resources Code Sections 2207 and 2710 et seq.) and, for operations located partly or solely on Bureau of
Land Management (BLM) lands, Title 43, parts 3500, 3600, and 3800 of the Code of Federal Regulations and other agency requirements
that are designed to prevent or minimize adverse environmental effects of mining.
Lead agencies must file a copy of each inspection report, along with any notices of violation and orders for compliance issued, within 30
days of completion of the inspection. Mine Operators must attach a copy of this report.to their next Mining Operation Annual Report
(Form MRRC-2).
BLOCK I: Enter the name of the Mining Operation, the date of the inspection, and the California Mine ID. # (if:ID# is -unknown, enter
"unknown").
BLOCK II: For "Lead Agency", enter the name of the certified SMARA Lead Agency that is conducting this inspection. Acceptable
entries include the name of the city, county, Bay Conservation and Development Commission (BCD), and State
Mining and Geology Board (SMGB). For "Organization",- enter the name of the agency, firm or other organization that
employs the inspector. If the inspector is an independent contractor, enter "independent contractor." The e-mail .
address is optional.
BLOCK III: Enter the name of the Mine Operator. Also, enter the name, mailing address; and phone number of:the person (the
operator or a person acting on the operator's behalf) who will serve as a. contact for any follow-up,
correspondence or discussions regarding the inspection or violations noted. The e-mail address is optional.
BLOCK IV: Check the appropriate boxes.
P = Pending .(on. appeal or, awaiting approval by Lead.Agency) .
NR = Not Required for this operation at the time this inspection was completed.
No = No
Yes = Yes, supply information.
•
to of California
PARTMENIT OF CONSERVATION
OFFICE OF MINE RECLAMATION
MRRC-i ' Page 2 of 3 (Rev. 09/05)
SURFACE MINING INSPECTION REPORT
V. Does the Operator currently have a Lead Agency. approved Financial Assurance?
Check one: CX -Yes F No If "Yes", complete section below.
If."No", refer to instructions on the reverse of this page and complete Section VI.
Inspection Date:
October 27, 2009
CA MINE ID#:
91- 04-0014
Type of Financial Assurance
Mebhanism(s).
Financial Assurance Mechanism Numbers
()
Current Amount on File
Date of Expiration
Surety BondIncrease
Rider for Suretv'Bond 5998183
$ 75;792:00
Continuous
Certificate:of Deposit
$
Letter of Credit
$ .
❑ Trust Fund
$
1. Pledge of Revenue
$
FJ Budget Set Aside
$
$
e financial. Assurance Amount must be adjusted annually. 'Attach a .copy of the revised ..
Financial Assurance Amount calculation .with this report
Date of Financial Assurance
Amount Calculation: March 20, 2008
Does, the curienf mechanisms on file cover the new annual calculation? FJ Yes F NO .
If "No", :date operator was notified
that a new mechanism is required: 10/12/09
VI. Financial Assurance comments.
As discussed below in Block VIII, 2009 market conditions resulted in reduce demand of Lucky 7 aggregate products. The
operator's current FAM of $75,792.00, approved by Butte County and:forwarded to.OMR on August 1, 2008, is based upon a
March 20, 2008.FACE approved by Butte County on March 26, 2008 and found adequate by OMR on May 9, 2008. An annually
updated financial assurance cost estimate for 2009 has not.been received to date. The disturbance footprint appears to have
increased about one acre on.the west side of Dry Creek in comparison with that observed in 2008; otherwise limited extraction
has occurred within existing pits. Per the attached letter, the operator has been sent a second notice regarding the need to
prepare an updated FACE as soon as possible. Should an updated FACE not be received, a notice of violation will be issued.
DISTRIBUTION: bnginel to Operator. Copies to: State (by Lead Agency), Lead Agency, State (by Operator),:and BLM or USFS (if required).
INSTRUCTIONS FOR COMPLETING SURFACE MINING INSPECTION REPORT•
Form MRRC-1 Page 2 (Rev.09/05)
BLOCK V: Check "Yes" or "No" regarding the existence of an approved Financial Assurance Mechanism currently in place.
If "No" is checked, continue to Block VI and provide required information.
If "Yes" is checked, provide specific information required.
Type of Financial Assurance Mechanism(s): place a check mark'in the appropriate box identifying.the type of
mechanism(s) that is on file. Fill in'the blank box to supply information
for a mechanism not listed. State the Financial Assurance Mechanism(s)
document number. State the dollar amount of the Financial Assurance
Mechanism(s) currently on file.. State the date of expiration on the
Financial Assurance Mechanisms) currently on file.
Attach a copy of the current years Financial Assurance Amount calculation. with the Inspection Report. State the date
of calculation.
Indicate "Yes" or "No" regarding whether or. not the current mechanism(s) on file cover the new annual calculation.
The Financial Assurance Amount must be adjusted annually to account for new lands disturbed by.surface mining
operations, inflation, and reclamation of lands accomplished in accordance with the approved Reclamation Plan. In
order to determine what adjustments, if any, are appropriate to the.Financial Assurance Amount, each'mine operator
must annually submit a revision of the written calculation of the Financial Assurance Amount to the Lead Agency.
Attach a copy of the revised Financial Assurance Amount calculation. with this report.
BLOCK VI: Use this block to add comments regarding the Operator's Financial Assurance status, or if "No" was checked in
Block V. Explain in detail why this operation does not.have a Lead Agency approved Financial Assurance, such as;
"Pending" with Lead Agency, explain, date submitted and status; "Appealed" - explain, date submitted and status,
"Financial Assurance Mechanism is in process explain, date submitted and status, "Change of Ownership" -
explain, date of notice and status, or "Other".
0
t
DState of California
EPARTMENT OF .CONSERVATION
OFFICE OF MINE RECLAMATION
MRRC-1. Page 3 of 3 (Rev. 09/05)
SURFACE MINING INSPECTION REPORT
Mi.. is the operation in compliance.with provisions of the approvedCA
Reclamation Plan with respect to:
OK
VN
Ni
NA
MINE ID #
91- 040014
Wildlife Habitat
rx
❑
❑
[j
Inspection Date: October 27, 2009
Revegetation. "
EXJ
❑
CI
C
Agricultural Land
C.
XI.
I
C .
CI .
.
Weather Code(s): CR
Stream. Protection
IXJ
r_
Duration of Inspection: 1.5 hours
Tailings and Mine Waste Management
G
�l
CI
C
Closure of Surface Openings
Elj .
rl
F .
Approximate Disturbed Acreage: —5 acres
Building,. Structure, and Equipment Removal'.Cl
opsoil Salvage, Maintenance, and Redistribution
�I
r
ri
�'
Status of Operation Code(s): A
Backfilling, Regrading, Slope. Stability, and Recontouring
C.
EJ
Drainage; Diversion Structures, Waterways, and Erosion
D
G .
Status of Reclamation Code(s): R
Other (list or eXplain be
CI
�.
�.
VIII. Comments/Description of Volation(s) and Corrective Measure(s) Required. [NOTE. please indicate if you have attached notice(s)
Of violation(s) and correction order(s), in lieu of description on this form):
PLEASE SEE ATTACHED BLOCK VIII TEXT
i
Number of Violations:.. nspecto s S499W. Date Signed:
0 ' January 7, 2010
DISTRIBUTION:. Original to Operator. Copies.to: State (by Lead Agency), Lead Agency, State (by -Operator), and BLM or USFS (if required).
INSTRUCTIONS FOR COMPLETING SURFACE MINING INSPECTION REPORT*
BLOCK VII
BLOCK VIII:
BLOCK IX:
Form MRRC-1 Page 3 (Rev.09/05)
Check the appropriate boxes:
OK = Inspected, found in compliance .
with reclamation standards (California
Code of Regulations, Title 14, Division 2,
Chapter 8, Subchapter 1, Article 9, Section
3700 et seq.)
VN = Inspected, Violations. Noted
NI = Not inspected (explainn Block VIII)
NA= Not Applicable for this Operation (use this
notation when an issue is not addressed in the
reclamation plan, or when the reclamation plan
contains no requirements related to the issue
listed).
Weather Codes: CR = Clear; CL =Cloudy; RN = Rain; SN =Snow; WD = Windy
Approximate Disturbed Acreage: Indicate all acreage disturbed by the surface mining operation; as defined by PRC
Section 2729: "Mined Lands" includes the surface, subsurface,and groundwater of an area. in which surface mining
operations will be, are being, or have been conducted, including private ways and roads appurtenant to any such area,
land excavations, workings, mining waste, and areas in which structures, facilities, equipment, machines, tools or other.
materials or property which result from, or are used in, surface mining operations are located.
For "Duration of Inspection", indicate the number of hours spent at the site (round to the nearest half hour) performing
the inspection (do not include travel time in this figure):
Status of Operations Codes:
I = Idle AB = Abandoned (site deserted by operator)
A = Active during inspection . MC = Mining completed
AD = Active during past year
Status of Reclamation Codes:
R = Reclamation in progress RC = Reclamation complete
RN = Reclamation not begun P = Post reclamation monitoring
Inspectors may use this area for comments, to describe violations, correction orders, etc., and to explain any limitations
to the inspection conducted. You: may attach copies: of any notices of .violations :and orders to comply 'in lieu of a
description on this form; however, copies of such notices and orders must be attached to each copy of this Inspection.
Report.
Enter the number (quantity) of violations noted during the inspection. Sign and date the Inspection Report.
DISTRIBUTION INSTRUCTIONS:
The original and one copy of this completed Inspection Report (all pages) shall be given to the Mine Operator.
The Lead Agency must retain one copy of this Inspection Report and submit one copy of this Inspection Report to:
Department of Conservation
Office of Mine Reclamation
Sacramento, CA 95814 3529
801 K St, MS 09-06
If any part of the operation inspected is on BLM or USFS land, one copy of this.lnspection Report should be forwarded to the appropriate BLM or USFS office.
The Mine Operator must attach one copy of this Inspection Report to the next required Mining. Operation Annual Report (Form MRRC-2) submitted to the State.
PLEASE NOTE: A Memorandum of Understanding between the U.S. Department of Interior, Bureau of Land Management (BLM); U.S. Department of Agriculture, Forest Se
(USFS); the State of California, Department of Conservation; and the State Mining and Geology :Board, effectively Implements California's Surfaoe Mining and Reclamation
on lands in California under the jurisdiction of BLM and the USFS. "
2009 MRRC-1 BLOCK VIII
The Lucky 7 Pit, located within Section 3 of T20N, R3E and Sections 24 and 35 of T
T21, R3E (MDBM), is approximately 9 miles north of'Oroville, in the Butte Valley area
north of the intersection between State Highways 70 and 191. The Daimler Rock Mine
(91-04-0028) is just to the northeast (see'attached areal). Staff, accompanied by the
operator's representative, spent about 1.5 hours touring the site on a• clear day, visiting
the processing plant and sediment ponds, current and past excavation areas, the Dry
Creek crossing (Photos 9, 10), and a pit apparently excavated in 2004 that has not been
reclaimed but now supports established riparian vegetation.
The Lucky 7 Pit operates pursuant to Mining Permit 94-63 and its Reclamation Plan.
Sand and gravel, primarily deposited from the upstream 19th century hydraulic mining at
the Cherokee placer mine, are extracted from shallow pits along and in the vicinity of Dry
Creek (which runs through the 2 mile length of the quarry area). Material, extracted by
scrapers, dozers and front end loaders, is then dry and wet screened in a central
processing area (Photos 1-5). As noted in the 2008 MRRC-1 Inspection Report, different
grades of aggregate are found across the site and mining has not been systematically
phased. Instead, areas are mined to depths of 6=10 feet and subsequently graded and
revegetated. Although the operator reports that much of the currently marketable
aggregate on the south and east side of Dry Creek (the,;larger part of the Lucky 7) has
been extracted, all portions remain subject.,to future' mining. In 2009 the limited
excavation that occurred was primarily on the north side of Dry Creek, accessed by a
• stream crossing (Photos 9, 10) for which an appropriate DFG 1600 agreement has been
approved.
Mining Permit 94-63 was approved in 1995 with 13 performance-based Special
Conditions; there are no measureable standards required. Special Condition 1 states that
"mining activities shall be prohibited fromripariancorridors where riparian vegetation is
located." The operator has complied with this condition.
The approved Reclamation Plan end use is for grazing. Reclamation includes uniform
grading of slopes at 4:1, "placement of naturals if needed," and seeding. Reclamation at
the Lucky 7 involves scarifying the ground as -necessary, spreading silt from retention
ponds and banked topsoil, and broadcast seeding. The Lucky 7 is in compliance with
these aspects of its Reclamation Plan. Assessment of reclamation is difficulvbecausefthe
approved reclamation plan does not specify that phased reclamation occur in specific
areas - only that it occur in approximately 5 acre increments. Further, no reclamation
standards are provided. As many areas already mined apparently 'remain subject to
further extraction, it is unclear where reclamation may be completed. As noted in the
2008 MRRC-1 Inspection Report, the quality of revegetation at many extraction sites is
uneven, with bare ground visible in many places; the Cherokee tailings apparently left
little topsoil in the vicinity of the Lucky 7 and it i's difficult to produce a vigorous growth
of grass.
Overall, however, the site is adequately maintained, with no unstable slopes, hazardous
material storage or obvious erosion evident. Riparian areas have been well-preserved
(e.g., Photo 10), as have some relatively intact and unique groves of oak woodland and
blue oak savanna evident in the background of several photos.
Pursuant to the conditions of UP 94-63, RP 94-63 and current site conditions, no
violations were noted during the inspection. At present, the mining operation at the
Lucky 7 will not preclude or diminish the quality of reclamation and the final end use of
grazing land.
0
•
0
Lucky 7 Pit
Butte County
CA Mine I.D. 91-04-0014
x I i a r
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Al
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2009 Annual Inspection — Lucky 7 Mine (91-04-0014) — October 27, 2009
Photo 7. Containment pond - clockwise from Photo 6.
Photo 8. Secondary pond.
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2009 Annual Inspection — Lucky 7 Mine (91-04-0014) — October 27, 2009
Photo 13. North side excavation area.
Photo 15. View north, clockwise from Photo 14, of area excavated in 2007/08.
r�
Photo 16. Clockwise from Photo 15; road leads to area excavated in 2008.
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41
2009 Annual Inspection — Lucky 7 Mine (91-04-0014) — October 27, 2009
Photo 21. Mined areas revert to grazing land but may be mined again.
Photo 23. FWepot with earth containment berm in processing area.
Photo 22. Valley riparian and blue oak savannah forest intersperced with mining areas
&to 24.
Agricultural Services Land Use Designation
At the direction of the Board of Supervisors, an Agricultural Re -Use Site Inventory and
Ordinance are currently under preparation by the County. The intent of the Ordinance
and Site Inventory are to provide readily available sites for agricultural support services
at locations distributed across the County, while minimizing impacts to surrounding land
uses. Sites consist of locations which are unused, underutilized, or seasonally utilized.
Most contain existing facilities. Twenty-nine sites identified during preparation of the
Agricultural Re -Use Site Inventory have been included in the draft AS Agricultural
Services land use designation under Butte County General Plan 2030. Additional
locations for this designation have been identified through the General Plan update
process.
Since preparation of the draft General Plan, County staff, the Planning Commission, and
the public have had an opportunity to review the proposed Agricultural Re -Use Site
Inventory in detail. At its meeting on September 24, 2009 the Planning Commission
recommended the removal of one" site and the addition of four sites. This
recommendation is reflected below. Staff further recommends- the removal of two
additional sites in order to limit potential impacts to surrounding land uses.
Staff met with the Butte County Farm Bureau on October 13, 2009 to assist the Bureau
in preparing detailed comments on the proposed Agricultural Re -Use Site Inventory and
Ordinance, as well as the new Agricultural Services designation. Comments from the
Farm Bureau are expected, but have not been received_ at the time of preparation of this
report.
• Staff Recommendation
Development Services staff recommends that the Board and Planning
Commission:
o Remove APNs # 047-190-020 and -017 (Bell and Meridian Road), # 021-
190-057 (810 French Ave. at West Evans Reimer), and # 047-130-163
(5000 Wilson Landing) from the draft Agricultural Services land use
designation, and instead designate these sites as Agriculture.
o Designate APNs # 025-250-069 (557 Ord Ranch Road [Choate]) and #
021-200-018 (286 West Evans Reimer [Kilby Mfg.]) as Agricultural
Services.
o Staff note that APN # 024-110-076 (9,54 Highway 99 [Big Valley
Chemical]) has been included in the draft Agricultural Services land use
desianation.
itaff is preparing a recommendation regarding APNs # 039-180-041 an(
042 (2434 Dayton Road [Compton]), and will provide this to the Boar(
ind Plannina Commission prior to the meetina F
•
0
Agricultural Services Land Use Designation
At the direction of the Board of Supervisors, an Agricultural Re -Use Site Inventory and
Ordinance are currently under preparation by the County. The intent of the .Ordinance
and Site Inventory are to provide readily available sites for'agricultural support services
at locations distributed across the County, while minimizing impacts to surrounding land
uses. Sites consist of locations which are unused, underutilized, or seasonally utilized.
Most contain existing facilities. Twenty-nine sites identified during preparation. of the
Agricultural Re -Use, Site Inventory have been included in the draft AS Agricultural
Services land use designation under Butte County General Plan 2030. Additional
locations for this designation have been identified through the General Plan update
process.
Since preparation of the draft General Plan, County'staff, the Planning Commission, and
the public have had an opportunity to review the proposed Agricultural Re -Use Site
Inventory in detail. At its meeting on September 24, 2009 the Planning Commission.
recommended the removal of one site and the addition of four sites. This
recommendation is. reflected below. Staff further recommends the removal . of two
additional sites in order to limit potential impacts to surrounding land uses.
Staff met with the Butte County Farm Bureau on October 13, 2009 to assist the Bureau
in preparing detailed comments on the proposed Agricultural Re -Use Site Inventory and
Ordinance, as well as the new Agricultural Services designation. Comments from. the
Farm Bureau are expected, but have not been received at the time of preparation of this
report. ;
• Staff Recommendation •
Development Services staff recommends that the Board and Planning
Commission:
o Remove APNs # 047-190-020 and -017 (Bell and Meridian Road), # 021-
190-057 (810 French Ave. at West Evans Reimer), and # 047-130-163
(5000 Wilson Landing) from the draft Agricultural Services_ land use
designation, and instead designate these sites as Agriculture.
o Designate APNs # 025-250-069 (557 Ord Ranch Road [Choate]) and #
021-200-018 (286 West Evans Reimer [Kilby Mfg.]) as Agricultural
Services.
o Staff note that APN # 024-110-076 (954 Highway 99 [Big Valley
Chemical]) has been included in the draft Agricultural Services land use
designation.
Staff is preparing a recommendation regarding APNs # 039-180-041 and
~ 042 (2434 Dayton Road [Compton]), and will provide_ this to the Board
and Plannina Commission prior to the meetina
•
•Butte County Department of Development Services
TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR
7 County Center Drive .
Oroville, CA 95965
(530) 538-7601 Telephone
(530) 538-7785 Facsimile
ADMINISTRATION * BUILDING * PLANNING
January 7, 2010
Duke Sherwood
Duke Sherwood Contracting, Inc.
495 Stimpson Road
Oroville, CA 95965
CERTIFIED MAIL (7006 2760 0000 1246 8524)
Subject: Submittal of Annual Financial Assurances Cost Estimate and Annual Production
report - 2nd Notice .
ig Dear Mr. Sherwood: ,
This letter will serve as the follow up notice to the letter originally dated on October 12, 2009. Pursuant
to Public Resources Code Section 2773.1 (a) (3), the California Department of Conservation's Office of
Mine Reclamation requites that the amount of the financial assurances for existing operations be
adjusted annually to account for new lands disturbed by surface mining operations, inflation, and
reclamation of lands accomplished in accordance with the approved reclamation plan.
The California Code of regulations, Title 14, Section 3804(c) states that in order for the lead agency
(Butte County) or the Department of Conservation to determine what annual adjustments, if any, are
appropriate to the financial assurance amount, the operator shall annually submit to the lead agency
(Butte County) a revision of the written calculation required under CCR Section 3804(a). Also note that
the County of Butte is also required to submit .this documentation to the Department of Conservation
for their review and approval, as they are named on your financial assurance instrument on file with the
County.
aggregates or other mined materials to state or local agencies
In order to meet the requirements under State statutes, please provide this office with your annual cost •
estimate calculations with the following information:
A. Description of tasks to be performed in reclaiming the site;
B. Identification of equipment necessary to complete the proposed tasks;
C. Identification of all materials to be utilized for reclamation (i.e. seed mix, etc.);
D. Identification of labor required to perform tasks;
E. Definition of/and identification of Unit Costs;
F. A Calculation of Production Costs;
G. Once the above have been identified, you next multiply the Unit Cost (i.e. $/hr) by Production
Rate (i.e. cubic yards/hr.) to determine the total cost for each cost item (i.e. scrapers, bulldozers,
water tenders, etc.). Next add the costs for all cost items to find the total cost per category (i.e.
equipment);
H. Next add the total cost of all categories (i.e. Equipment, Labor, Materials, etc) to determine the
Total Direct Cost of Reclamation;
I. Finally, add charges for Supervision, Profit, Overhead, Contingencies and Mobilization (please
note that contingencies shall not be less than 10% of the total amount calculated). 0
You may download Appendix A-1 in "pdf" format from the following Department of Conservation
web site:
hM://www.conserv.ca.gov/stngb/Guidelines/FinanclAssurances/APPENDIX Al pdf
Please note that the State's Cost Estimate Worksheet is a model form provided as a guide to assist you
in preparing the cost estimate for your individual mining operation. The County may consider another
format so long as the amounts can easily be calculated.
In an effort to comply with the State's requirements for financial assurance annual review, the requested
Annual Adjusted Cost Estimate is annually due at this office, 7 County Center Drive, Oroville 95964,
by December 31, 2009. However, as this date has passed, it is requested that the cost estimates be
received without further delay and at the most immediate date possible. Upon receipt of the adjusted
cost estimates, the County will review them to determine whether or not your current financial
assurance is adequate and will need to be adjusted accordingly. Failure to submit the requested
information may result in your mining operation being removed form the AB3098 SMARA list, or other
penalties.
11
Financial Assurances Cost Estimates Submittal — 2nd Notice
January 10, 2010 Page 2
J � �
Please also note that per Butte County Code Section 13-112(b), and pursuant to Public Resources Code
Section 2207, a copy of the Annual Production Report Form MRRC-2 must be sent to the Planning
Division. Please forward the 2008 Annual Production Report Form MRRC-2 to this office at the most
immediate date possible.
If you should have any questions, please do not hesitate to contact me at (530) 538-6706. Thank you in
advance for your assistance and continued cooperation.
Sincerely,
Chris Thomas
Senior Planner
Butte County Department of Development Services
530.538.6706 (direct)
530.538-7601 (main)
530.538.2140 (fax)
cthomas@buttecounty.net
cc: Chuck Thistlethwaite, Planning Manager
Mike Luksic, Office of Mine Reclamation
ENCLOSURE: 2009 ANNUAL INSPECTION REPORT
Financial Assurances Cost Estimates Submittal — 2°d Notice
January 10, 2010 Page 3
Butte County Department of Development Services
TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR
7 County Center Drive
Oroville, CA 95965
(530) 538-7601 Telephone
(530) 538-7785 Facsimile
ADMINISTRATION' BUILDING " PLANNING
March 22, 2010
Alice Johnson
Department of Conservation
Office of Mine Reclamation
801 K Street, MS 09-06
Sacramento, CA 95814-3529
RE: Submittal of Annual Financial Assurance Cost Estimate
CA MINE ID # 91-04-0014 Lucky 7 Mine
Dear Ms. Johnson:
Mr. Robert Sherwood, on behalf of Duke Sherwood Contracting, Inc., has submitted a Financial Assurance
Cost Estimate for the reclamation of the Lucky 7 Mine (CA MINE ID# 91-04-0014) in the amount of
$75,791.71. The Lucky 7 is located on the Lucky 7 Ranch (within Sections 3 & 4 of T20N, R3E, and Sections
34, 35, and 38 of T 21 N; R 3E, MDBM) and entitled under Mining Permit and Reclamation Plan 94-63. Staff
• has reviewed the Cost Estimate for compliance with the provisions of the Surface Mining and Reclamation Act
(SMARA) and adequacy for the third -party reclamation of the Lucky 7 site.
Currently the Lucky 7 is covered by Surety Bond No. 5998183 for $10,000 (dated May 13, 1999) and an
increase rider of $65,792 (dated June 20, 2008) for a total financial assurance of $75,792. Reclamation Plan
94-63 requires grading of pits to natural contours and reseeding with "naturals" for restoration of the site to
grazing land. As noted in the 2009 MRRC-1 Annual Inspection Report, approximately 5 acres were mined in
2009. As the plant site occupies about 5 acres, a total of 10 acres are subject to reclamation. The current
financial assurance thus provides about $7,579 per acre for third -party reclamation of the site.
The proposed January 12, 2010 FACE of $75,791.71 includes equipment and labor costs for (1) regrading
(based on the California Department of Transportation Labor Surcharge and Equipment Rental Rates), (2)
hydroseeding, and (3) plant structures and equipment removal. While this FACE is essentially the same as
the current financial assurance, staff believes it remains adequate given the limited amount of disturbance at
the site, the shallowness of the pits to be reclaimed (requiring little grading), and the relatively simple
revegetation component of re-establishing native grasses at the site.
The County of Butte has completed its review and analysis of the attached cost estimate submitted under
cover letter dated January 12, 2010. The attached FACE is being submitted to your office under this cover
letter for OMR's 45 -day review and concurrence.
L -I
If you should have any questions regarding this submittal, please feel free to contact me at (530) 538-6706, or
you may also contact Chris Thomas at (530) 538-6706. Per your previous direction, this submittal will be sent •
to your attention via email only. Should you wish to have a paper copy, please do not hesitate to let me know.
Sincerely,
Chris Thomas, Senior Planner
Butte County Department of Development Services
7 County Center Drive
Oroville, CA 95965
cthomasc@-buftecounty.net
Phone: 530-538-6706
ENCLOSURE
cc: Lucky 7 Mine file
•
•
A
r.
R
Duke Sherwood Contracting, Inc.
General Engineering Contractor # 32 782 7
• 495 Stimpson Road - Oroville, CA 959659 (530) 533-2710
BUTTE
COUNTY
JAN 14 2010
DVVEWrmMNT
1-12-10
Butte County Department of Development Services
Chris Thomas
Senior Planner
Chris,
As you have noted in your comments in Block VI in "Surface Mining Inspection Report" dated 10-27-
09 our production has been on the decline. We disturbed more area west of Dry Creek as you noted but
did very little work on the east side of Dry Creek. I have enclosed a copy of our "Financial Assurance
Cost Estimate for Duke Sherwood Contracting Inc., CA MINE ID #91-04-0014" for 2009. I believe this
will more than adequately cover costs for reclamation.
,. • Thank you for your assistance,
Robert E. Sherwood
0
O
M
•
1-12-10
Financial Assurance Cost Estimate for Duke Sherwood Contracting Inc., CA MINE ID
#91-04-0014
Prepared by Robert E. Sherwood, Sec/ Tres. For Duke Sherwood Contracting Inc.
Section 1 -Primary Reclamation Activities
Description of Task: Reclaim 5 to 10 acres of surfaced mined area with grading
equipment.
Misc. Information: Reclaim 5 to 10 acres at a production rate of 1 acre per day.
is Equipment: Rates and Equipment Codes are based on the State of California, Dept. of
Transportation "Labor Surcharge and Equipment Rental Rates" Effective April 1, 2007
through March 31, 2008..
Caterpillar D8K Code#4858 10 days @ 8hrs. per day at $125.89 per hr.= $10,071.20
Caterpillar 631 C Code#2170 10 days @ 8hrs. per day at $143.35 per hr.=$11,468.00
3/4T Pickup Code #00-06 10 Days @ 4hrs. per day at $15.32 per hr.=$612.80
Labor: Labor rates are based on standard prevailing wage rate for the Butte County Area.
Please note that we are using these rates for this estimate, however we will not be
required by law to pay these rates.
Heavy Equipment operators for the Crawler Tractor and the Self Propelled Scraper will
be 2 operators at 10 days at 8 hrs per man. 160 man hrs. at $52.51 per hr. $8,401.60
Monitoring Supervision based on review of the site twice per day [ at the start of the shift
and at shifts end] 4hrs per day at 10 days. 40 man hrs. at $35.33 per hr. $1413.20
Total Equip. $22,152.00
Total Labor $ 9,814.80
Total for Section 1 $31,966.80
• Section 2-Revegetation
A
•
0
Northwest Hydro seeding $15,000
Total for Section 2 $15,000
Section 3 -Plant Structures and Equipment Removal
Equipment for plant removal:
John Deere 990 Code#1720 used to dismantle the plant and load onto trucks. 24 hrs @
121.66/hr.=$2919.84
Truck Code#60 used to transport removed equipment
10 loads of equipment at 3 hrs. per load 30 hrs @ 59.60
Trailer Code#500 used to transport removed equipment
10 loads of equipment at 3 hrs per load 30 hrs. @26.39
Truck Code 20-28 used to dismantle the plant
40 @ 25.74
Caterpillar D8K Code # 4858 used to scarify plant area
8 hrs @ 125.74
Equipment Total $4,615.22
Labor:
Driver 30hrs. @$41.65 =$1,249.50
Heavy Equipment Operator 8 hrs @ $52.51=$420.08
Laborers 2men at 40 hrs each= 80 hrs. @35.33= $2,826.40
Labor Total $4,495.98
Section 4 Miscellaneous Costs N/A
$1,788.00
$791.70
$1,029.60
$1,005.92
Section 5 Monitoring These cost have been included in Section 1
Section 6 Supervision/ Profit & Overhead/ Contingencies/ Mobilization
Mobilization:
Mob D8K, 631C, J.D. 990
Truck Code # 60 16 hrs @ $59.60=$953.60
Trailer Code #600 16 hrs. @ 32.77=$524.32
Equipment Total $1,477.92
Labor: Driver 16 hrs. @ $41.65= $666.40
•
•
Sections 1-6 Equipment Total
1. $ 22,152.00
3. $ 4,615.22
6. $ 1,477.92
Total $28,245.14
15 % Cal Trans. Equipment Markup= $4,236.77
Grand Total Equip. $32,481.91
Section 1-6 Labor Total
1. $9814.80
3. $4495.98
6. $666.40
Total $14,977.18
33% Cal Trans. Labor Markup $4,942.46
Grand Total Labor $19,919.64
Total for Section 2 which is sub -contract $ 15,000
!0% Sub -contract Mark up $ 1,500
Grand Total $ 16,500
Cost Estimate Sub Total $ 68,901.55
10% Contingency $ 6,890.16
Financial Assurance Cost Estimate Grand Total $ 75,791.71
•
•
Duke Sherwood 903-006-026
Sa. STATEMENT OF LAST CALENDAR YEAR'S OPERATION F.O.B. PRICE ON
JANUARY 1 OF THIS
YEAR PER UNIT
ROYALTY
PAID PER
UNIT
BOE-560-A(SIF) REV. 5 (8-06)
2009
OFFICIAL REQUIREMENT
AGGREGATE
A report submitted on this form is required of you by section
PRODUCTION REPORT
441(a) o1 the Revenue and Taxation Code (Code). The state-
(INCLUDES SAND, GRAVEL,
must be completed according to the instructions and
STONE, LIMESTONE, CLAY
•ment
filed with the Assessor on or before April 1, 20 _. Failure
.70
Io fife it on time will compel the Assessor's Office to estimate
AND SIMILAR PRODUCTS)
the value of your property from other information in its posses-
KENNETH O. REIMERS
sion and add a penalty of 10 percent as required by Code
BUTTE COUNTY ASSESSOR
section 463.
25 COUNTY CENTER DRIVE,
Carefully read and follow the accompanying instructions.
OROVILLE, CA 95965
1
'721
DUKE SHERWOOD CONTRACTING INM
495 Stimpson Road
Oroville, CA 95965-91570roville,
Ca. 95965
•
•
Duke Sherwood 903-006-026
Sa. STATEMENT OF LAST CALENDAR YEAR'S OPERATION F.O.B. PRICE ON
JANUARY 1 OF THIS
YEAR PER UNIT
ROYALTY
PAID PER
UNIT
MATERIAL
UNITS El CU. YDS. TONS
PRODUCED SOOD
PROCESSING AND/OR MILLING
REPAIRS AND MAINTENANCE
100112241
FINE SAND
4804.34 4804.34S
11.
$ .70
COARSE SAND9608.67
_
C 08.6 7
8.
.70
GRAVEL
ROCK
_ Y
�Do not include depletion, depreciation, amortization, interest on loans, income, franchise end properly
taxes, state and federal income taxes, royalty payments, or costs incurred after aggregate plant
operations.
6. RESERVES ON DECEMBER 31 OF LAST YEAR
IN ❑ TONS ❑ CU.YDS.
7, YEAR OF DEPLETION OF RESERVES
B. SURFACE ACREAGE BEING MINED
9. CONTEMPLATED ULTIMATE MINING DEPTH BENEATH SURFACE
10. DEPTH TO GROUNDWATER FROM ORIGINAL OR'NATURAL
SURFACE LEVEL
11. ESTIMATED DATE FOR BEGINNING MINING OPERATIONS ON PROP-
ERTYOWNED BY YOU OR UNDER LEASE BUT NOT NOW BEING MINED
12. CURRENT DESIGN CAPACITY OF PLANT: TONS/HOUR
OR CU. YDS./HOUR
13. STATE ALL ADDITIONAL INCOME OTHER THAN ABOVE DERIVED
FROM THIS PROPERTY SUCH AS GOLD EXTRACTION, ASPHALT
n.M CITCC GFAnY WY PI ANT CITFC r1P6=N STC1RArF FTC_
CRUSHED ROCK
5ac
ft ft
LIMESTONE
II�a
5O ht
CLAY
STONE
OTHER (specify)
x x x x x x x x x x x x
x x x x x x x x
x x x x
5b. STATEMENT OF LAST CALENDAR YEAR'S OPERATING COSTS'
MINING AND HAULING
S
81000
PROCESSING AND/OR MILLING
REPAIRS AND MAINTENANCE
100112241
INSURANCE
10000.
OVERHEAD
UTILITIES
i
SUPPLIES AND MATERIALS
OTHER (itemize)
TOTAL
$248075.75
�Do not include depletion, depreciation, amortization, interest on loans, income, franchise end properly
taxes, state and federal income taxes, royalty payments, or costs incurred after aggregate plant
operations.
6. RESERVES ON DECEMBER 31 OF LAST YEAR
IN ❑ TONS ❑ CU.YDS.
7, YEAR OF DEPLETION OF RESERVES
B. SURFACE ACREAGE BEING MINED
9. CONTEMPLATED ULTIMATE MINING DEPTH BENEATH SURFACE
10. DEPTH TO GROUNDWATER FROM ORIGINAL OR'NATURAL
SURFACE LEVEL
11. ESTIMATED DATE FOR BEGINNING MINING OPERATIONS ON PROP-
ERTYOWNED BY YOU OR UNDER LEASE BUT NOT NOW BEING MINED
12. CURRENT DESIGN CAPACITY OF PLANT: TONS/HOUR
OR CU. YDS./HOUR
13. STATE ALL ADDITIONAL INCOME OTHER THAN ABOVE DERIVED
FROM THIS PROPERTY SUCH AS GOLD EXTRACTION, ASPHALT
n.M CITCC GFAnY WY PI ANT CITFC r1P6=N STC1RArF FTC_
5ac
ft ft
12 ft
II�a
5O ht
S
THIS REPORT SUBJECT TO AUDIT.
(continued on reverse)
This statement is not a public document. The information
contained herein will be held secret by the Assessor.(Code
section 451); it can be disclosed only to the district attorney,
grand jury, and other agencies specified in Code section
408. Attached schedules are considered to be part:ot the
statement.
2. LOCATION OF THE PROPE TY:
Mine or quarry name Luc y 7 Ranch
Sec. Twp. Range
3. PARCEL NUMBER 41-12-115
Tax rate area
Legal description of property
4. PHONE NUMBER OF PERSON COMPLETING FORM
(530 ) 533-2710
14. NAME OF ALL MINERAL PRODUCTS MINED AND SOLD
LAST YEAR (other than those listed in 5a, such as gold`_
15. ARE YOU THE ❑ OWNER ❑ LESSEE OR
❑ LESSOR OF THIS PROPERTY?
16. IF THE PROPERTY IS UNDER LEASE, WHAT IS THE DATE
OF THE LAST LEASE AGREEMENT?
HAS THE LEASE BEEN AMENDED SINCE THIS DATE?
❑ Yes ❑ No
IS THERE MORE THAN ONE ACTIVE LEASE AGREEMENT?
❑ Yes ❑ No
IS THIS PROPERTY IN WHOLE OR IN PART A GOVERN-
MENT LEASE? ❑ Yes ❑ No
17. IF THE PROPERTY IS UNDER LEASE, WHAT IS THE MATE
OF THE LAST ROYALTY AGREEMENT?
HAS THE ROYALTY AGREEMENT BEEN AMENDED SIWCE
THIS DATE? ❑ Yes [:]No
TOTAL ROYALTY PAID LAST YEAR:
S 13432 - 14
18. TOTAL RENTAL PAID LAST YEAR:
S
Note: If the lease or royalty agreement has been renegotiated
since JANUARY 1 last year, attach a copy to this report.
19. USE -RESTRICTIONS AFFECTING VALUE
USE PERMIT NUMBER
DATE
20. HAS AN ENVIRONMENTAL IMPACT REPORT BEEN FILED
ON THIS PROPERTY? ❑ Yes ❑ No
21. REMARKS:
BOE -560-A (SIB) REV. 5 (8-06)
•
DECLARATION BY ASSESSEE
Note: The following declaration must be completed and signed. If you do not do so, it may result in penalties.
I declare under penalty of perjury under the laws of the State of California that l have examined this production report, including
accompanying schedules, statements or other attachments, and to the best of my knowledge and belief it is true, correct, and complete
and includes all production and all properly required to be reported 'which is owned, claimed, possessed, controlled, or managed by the
person named as the assessee in this statement at 12:01 a.m.. on January 1, 20 .
OWNERSHIP
TYPE (J)
GATE
1-12-10
Proprietorship ❑
NAME OF ASSESSES OR AUTHORIZED AGENT' (typed nr printed)
TITLE
Diana C. Sherwood
President
Partnership ❑
NAME OF LEGAL ENTITY (other than DBA) (typed or printed)
FEDERAL EMPLOYER ID NL
Corporation cx
Duke Sherwood Contracting Inc.
94-2375589
Other ❑
PREPARER'S NAME AND ADDRESS (typed or printed) TELEPHONE NUMBER
TITLE
I
Diana C. Sherwood 1( 5304 533-2710
President
'Agent: see page S28 for Declaration by Assessee instructions
•
J
STATE OF CALIFORNIA -'THE RESOURCES AGENCY S�NAR�4 f PETE WILSON, Governor
v -
DEPARTMENT OF CONSERVATION
OFFICE OF MINE RECLAMATION i
801 K Street, MS 09-06
Sacramento,. CA 958143529
(916) 323-9198
Telecommunications
Device for the Deaf
(916) 3242555
March 1.7, 1994
Robert E. Sherwood
DUKE SHERWOOD CONTRACTING, INC.
495 Stimpson Road
Oroville, CA 95965
Dear Mr. Sherwood:
Enclosed with this letter is a Notice and Order Imposing
Administrative Penalty, Case.No. NF -04-01-94A.
If you have any questions regarding this matter, you may contact
us at (916) 323-9198 or by writing our Office at:
Department of Conservation
Office of Mine Reclamation
801 K•Street, MS 09-06
Sacramento, CA 95814-3529
We would suggest that you give this matter your immediate
attention. Failure to pay this administrative penalty may result
in this case being referred to the State Attorney General's
Office.
Sincerely,
DENNIS J. O'BRYANT, Chief
Office of Mine Reclamation
DJO:PC:cs
Enclosures
PC: Denise Jones, Executive Officer
State Mining and Geology Board
Joan Gray -Fuson, Senior Staff Counsel
Department of Conservation
William Cleff, Planner/
Butte County Planning Department
IN THE MATTER OF
Duke Sherwood Contracting, Inc.
Lucky 7 Pit
MINING OPERATION
Robert Sherwood
AGENT
YOU ARE HEREBY GIVEN NOTICE THAT:
NOTICE AND ORDER IMPOSING
ADMINISTRATIVE PENALTY
CASE NO. NF -04-01-94A
1. You have violated provisions of the law for which the
Department of Conservation (hereinafter Department) may
impose an administrative penalty under Section 2207 and
2774.1 of the Public Resources Code (PRC).
2. You have failed to provide a 1990 Mining Operation Annual
Report and reporting fee as required by PRC Section 2207.
3. You have failed to provide a 1991 Mining Operation Annual
Report and reporting fee as required by PRC Section 2207.
4. You have failed to provide a 1992 Mining Operation Annual
Report and reporting -fee as required by PRC Section 2207.
5. You have failed to provide financial assurance with proof of
lead agency approval as required by PRC Section 2207.
6. You have failed to provide a reclamation plan with proof of
lead agency approval as required by PRC Section 2207.
1
7. On December 12, 1992, you received by certified mail our
letter dated December 10, 1992, informing you that we have
not received the 1990 and 1991 Mining Operation Annual
Reports. Our December 10, 1992 letter stated that the 1990
and 1991 reports, fees, and late fees must be remitted to
our Office within 30 days of our receipt of our letter or
daily administrative penalties may be assessed.
8. Department staff explained the annual reporting requirements
to you during a telephone conversation on January 8, 1993.
9. On June 5, 1993, our Office sent the 1992 Mining Operation
Annual Report and reporting instructions required by PRC
Section 2207.
10. In a phone conversation on January 15, 1993, you informed
Department staff that you would send in the reports within
the next week. You also informed our Office that you had
contacted the Lead Agency and that the reclamation plan was
in the process of being created.
11. As of March 17, 1994, our. Office has not received the 1990,
1991, and 1992 Mining Operation Annual Reports,. reporting
fees, late fees, interest, reclamation plan and financial
assurance with proof of approvals, or had any contact from
you.
E
12. The current amount due for the 1990, 1991, and 1992
reporting years cannot be determined without the required
annual reports. Public Resources Code Section 2207(d)
states that any fees and reports received after July 1 shall
be subject to a late fee of $100 or 10 percent of the
reporting fee, whichever is greater, and an interest charge
of 12 percent per month of the amount due.
ORDER
As of the date of receipt of this Notice and Order, YOU ARE
HEREBY ORDERED TO PAY AN ADMINISTRATIVE PENALTY OF $1,500 to the
Department of Conservation for.failure to file the 1990, 1991,
and 1992 Mining Operation Annual Reports, reporting fees, late
fees, and interest as required by PRC Section 2207 and for
failure to submit a reclamation plan and financial assurance
with proof of lead agency approvals.
1. In addition, all of the following must be sent to"the
Department:
A. Completed 1990 Mining Operation Annual Report.
B. Completed 1991 Mining Operation Annual Report.
C. Completed 1992 Mining Operation Annual Report.
D. Correct 1990, 1991, and 1992 reporting fees as
described in PRC Section 2207.
3
E. Late fees and interest as specified in PRC Section
2207(d)(5) and as detailed on Page 3, #12 of this
Notice.
F. Financial Assurance with proof of Lead Agency approval.
G. Reclamation Plan with proof of Lead Agency approval.'
H. Payment of the Administrative Penalty as specified
below.
2. Unless a petition for review of this Notice and Order
Imposing Administrative Penalty appeal is filed with the
State Mining and Geology Board (Board) within thirty (30)
days of your receipt of this Notice, the Administrative
Penalty must be paid with a cashier's check or money order
made payable to the Department of Conservation in an amount
of $500.
3. The reclamation plan and financial assurance with proof of
lead agency approvals, the 1990, 1991, and 1992 Mining
Operation Annual Reports, -reporting fees, late fees,
interest, and administrative penalty payment must be sent
to:
Department of Conservation
Office of Mine Reclamation
801 K Street, MS 09-06
Sacramento, CA 95814-3529
4
4. If you have not met the conditions in No. 1 of this ORDER by
April 25, 1994, an administrative penalty of $200 PER DAY
will be assessed beginning on that date.
5. Under PRC Section 2774.1, you may petition the Board for
review of this Order, if the petition is filed within thirty
(30) days of the date of receipt of this Order. The Board
has the authority to affirm, modify, or set aside this
Order. We have enclosed .a copy of PRC Section 2774.2 that
contains the provisions for filing a petition.- If you wish
to file a petition or have questions concerning the petition
process, please contact the Executive Officer of the State
Mining and Geology Board at (916) 322-1082.
If you have any questions regarding this Order, please contact my
Office at (916) 323-9198.
312- r ti 4 ��^"-
Dated DENNIS J. O'BRYANT, Chief
Office of Mine Reclamation
DJO:PMC:cs
■ n
Plane inn DcPa"Mo"'
MAR 2 41994
orovilla, Cai OTOIS
ECOIIZZ
-
ANALYSTS
Eco -Analysts
2550 Floral Avenue, Suite 10
Chico, CA 95926
(530)342-5991
FAX (530) 342-1553
Botanical Assessment of the
Duke Sherwood Daley Property
Palermo, Butte County, California
Eco -Analysts
submitted May 12, 2005
Submitted to:
Duke Sherwood
495 Stimpson Road
Oroville, CA 95965
(530)533-2710
Botanical Survey Report for the
Duke Sherwood Daley Property Biological Assessment
Palermo, Butte County, California
Prepared by Eco -Analysts, Chico
Submitted May 12, 2005
Applicant: Duke Sherwood
495 Stimpson Road
Oroville, CA 95965
(530) 533-2710
1.0 INTRODUCTION AND SETTING
1.1 Project Description
' In March 2005, Eco -Analysts of Chico, California was retained by the Applicant to
conduct a biological assessment including a wildlife survey, botanical survey, and rare
and endangered species survey on approximately 238 acres of property situated on
' Guidici Lane in Palermo, Butte County, California. The purpose of this assessment was
to describe and determine the presence or absence of habitats, conditions, or species of
special concern that might impact future protect development.
This report details the botanical aspects of the biological assessment, including a
discussion of habitat types, the results of the rare and endangered species survey for plant
species of special concern, and an inventory of observable flora. Recommended
mitigations for potential impacts resulting from the proposed gravel extraction project are
included at the end of this report.
1.2 Project Location
The project area is situated in the northern half of Section 28, Township 18N, Range 4E,
MDM, as depicted on USGS Palermo, Calif. (1970) 7.5' topographic quadrangle map
(Figure 1). The site is located approximately 2 miles south of Palermo, and is situated
north of Guidici Lane and east of Palermo-Honcut Highway. The property is recorded as
AP Numbers 27-35-22, 27-35-23, and 27-35-24 on the County of Butte Assessor's Parcel
Map.
Duke Sherwood Daley Property 1 Botanical Survey Report
Palermo, California May 12, 2005
1.3 Physical Setting
The project area lies south of Oroville, between the Highway 70 and the Sierra Nevada
foothills at an elevation of approximately 150 feet above mean sea level. Within the
property boundaries lies the transition between the Sierra Nevada foothills and the Great
Valley of California. A large seasonal creek, Wyandotte Creek, travels through the
property from east to west, emerging from the foothills and discharging eventually into
the Feather River through Honcut Creek. Several vernal swales and vernal pools are
located within the southern half of the property.
Wyandotte Creek has been historically mined, and this site currently contains several
acres of mechanically deposited mine tailings. These tailings sit upon the natural ground
surface south of, and up to, the creek, beginning at the western terminus of the foothills
and extending approximately one-half mile into the alluvial plain of the Great Valley.
These depositions have been historically harvested and processed onsite for roadbase by
the Butte County Department of Public Works.
2.0 METHODS AND RESEARCH
2.1 Prefwld
Prior to undertaking the field studies, Eco -Analysts examined 1998 aerial photos and
1970 and 1980 topographic maps (USGS) to determine drainage patterns. The US Fish
and Wildlife Service (USFWS) and the California Natural Diversity Data Base (CNDDB)
were consulted to determine federally listed Species of Special Concern, and a complete
list of these species was compiled and studied by all field personnel prior to the site visit
(Appendix A.)
2.2 Botanical Survey
Consulting botanist Mary Bailey and Eco -Analysts botanical specialist Rodney Lacey
conducted a botanical survey of the project area on April 19, 2005 (Appendix A). The
entire project area was examined by pedestrian survey for threatened and endangered
plant species. Many of the plant species of concern would have been flowering or
identifiable at the time of the survey, had they occurred on site. However, Butte County
meadowfoam, an early bloomer, would have been unidentifiable due to the lateness of
season. Orcutt grasses, being late blooming vernal pool species, might not have yet
emerged. A full botanical inventory of identifiable flora was compiled, and is included in
Appendix A.
2.3 Wildlife Survey
Eco -Analysts Principal Biologist Dr. Albert J. Beck, PhD., and Environmental Analyst
Brianna Wood, BS, conducted a detailed pedestrian wildlife survey, including a list of
Duke Sherwood Daley Property 2 Botanical Survey Report
Palermo, California May 12, 2005
observed species and investigation for wildlife species of special concern. Those results
are included in a separate Wildlife Assessment Report.
3.0 RESULTS OF BIOLOGICAL ASSESSMENT
3.1 Habitat Types
Four major habitat types supporting distinct plant communities were identified on site.
The largest areas were represented by Annual Valley Grassland and Mine Tailings.
Also observed were sections of Foothill Woodland and Blue Oak Savannah on the
foothill toes extending into the alluvial plain. A map of observed habitat types was
created and is included (Figure 2). Representative photographs were taken and are
attached (Figures 3 through 12).
Annual Valley Grassland — The eastern third of the property, including portions north
and south of the mine tailings, consists of grazed pastureland described as annual valley
grassland. The grassland is dominated by pasture grasses such as wild oats (Avena spp.),
multiple bromes (Bromus spp.), and clovers (Trifolium spp.), as well as a large array of
native annuals and perennials, including popcornflowers (Plagiobothrys spp.), quaking
grass (Briza spp.), and several species of wild hyacinth (Triteleia, Dichelostemma spp.).
More than fifty species were identifiable within this system. This diversity can be
accounted for by the proximity of several other nearby habitat types, including upland
woodland and savannah systems.
A riparian zone along Wyandotte Creek is situated within the grassland. Few trees or
shrubs are in this zone, and the bank contains exposed cobble and emergent wetland
species without a facultative band of vegetation. The bank was dominated by small
wetland plants including several species of buttercup (Ranunculus sp.), spike-rush
(Eleocharis sp.), and seep monkey flower (Mimulus guttatus).
The southern portion contains several small, meandering vernal swales and several vernal
pools, which may be suitable for Orcutt grass or Butte County meadowfoam. The larger
southern drainage travels roughly northeast to southwest and supported emergent wetland
vegetation. Dominant vegetation included coyote thistle (Eryngium vaseyi) and
popcornflowers (Plagiobothrys spp.), as well as spikeweed (Hemizonia sp.).
1 Mine Tailings — This system comprises the central and northeastern portions of the
property. Characterized by variable elevations of cobble mounds, this area supported
small pools and lowland vegetation in the mound troughs and foothill upland vegetation
on the mound peaks. Mounds of tailings were generally deposited from east to west, with
distance from trough to trough under 100 feet. Most plant communities represented
elsewhere on site could be found in small pockets within this diverse habitat.
' Canopy was achieved in pockets within the tailings, especially within the eastern or
foothill portions of the tailings. Canopy was provided by a diverse mixture of
Duke Sherwood Daley Property 3 Botanical Survey Report
Palermo, California May 12, 2005
' Freemont's cottonwood (Populus fremontii), interior live oak (Quercus wislizenii), and
gray pine (Pinus sabiniana). Upland shrubs, including common manzanita, poison oak,
and buckbrush, provided further shade for small pools and lowland understory between
the swales. These lowlands supported systems ranging from annual valley grassland to
wetlands, and pools with clear water near the creek as well as standing pools overgrown
1 with aquatic vegetation further from the creek. Due to the normally high permeability of
the cobble, ponded waters could be due to sub -surface areas of compacted clayey
sediment. Patches of Himalayan blackberry(Rubra discolor) and mugwort (Artemisia
douglasii) could be found in many troughs.
The inclined sides of the tailing mounds were generally clear of large vegetation, with a
few hardy annuals such as grass pink (Dianthus armeria) growing from the cobble.
Foothill Woodland (with Grey Pine/Blue Oak associations) — This system is represented
in the southeastern comer of the property, and occurs on the foothills rising out of the
flatter alluvial pastureland. Open stands of mixed trees, including grey pine, blue oak,
' scrub oak, and interior live oak, as well as buckbrush and coffeeberry, contained areas of
shade and occasional canopy. Between tree clusters, the ground supported an annual
grassland community similar to the pasture, but with fewer grasses and more lupines, and
occasional foothill woodland understory species such as poison oak (Toxicodendron
diversilobum).
' Blue Oak Savannah — This system is represented in the northeastern elevated corner of
the property and is also well represented on surrounding properties along the foothills.
This system is characterized by open groves of blue oak (Quercus douglasii), with annual
' grassland vegetation dominating the understory. Very little tree diversity exists, with the
occasional grey pine tolerated. Small sections of closed canopy blue oaks created
pockets of Blue Oak Woodland, which supported larger understory species such as
' poison oak, especially along edge of Wyandotte Creek.
3.2 Rare and Endangered Species Survey
The California Department of Fish and Game (DFG) and the United States Department of
' the Interior Fish and Wildlife Service (USFWS) have jurisdiction over habitats
containing plant and animal species considered to be rare, threatened, endangered, or of
special concern. Eco -Analysts staff obtained lists of special -status species from these
agencies prior to the field survey. These species were specifically sought out during the
course of the survey.
' No special status plant species were observed on the project site during the field survey;
however, the site is situated within the known range of a few species. Plant species listed
by DFG's Natural Diversity Database and the USFWS as species of special concern for
the Palermo 7.5 minute topographical quadrangle map include Ahart's dwarf rush
(Juncus leiospermus var. ahartii), hairy and slender Orcutt grass (Orcuttia spp.), and
Butte County (Shippee) meadowfoam (Limnanthes floccosa ssp. californica). These
Duke Sherwood Daley Property 4 Botanical Survey Report
Palermo, California May 12, 2005
species are protected by State and Federal ordinance and may require special study and
surveying, if present.
No sensitive vernal pool plant species, including Butte County meadowfoam, were
observed. However, Butte County meadowfoam may have been unidentifiable at the
time of the survey, although habitat is questionable for this species due to the proximity
of the foothills. Orcutt grasses were not observed, but this survey may have been
conducted too early for detection, as Orcutt grasses typically appear after most vernal
pool species flower. Orcutt grasses are not expected however, due to the small size and
inadequate water retention period of the vernal pools present. Ahart's dwarf rush would
have been in flower and identifiable at the time of the survey, but was not observed.
Potential habitat for rare or endangered species or other species of special concern was
limited to the vernal swales and vernal pools occurring in the southern half of the Annual
Grassland habitat. The mine tailings, as well as the woodland and savannah portions of
the property, are considered unlikely to support federally or state listed rare or
endangered species or species of special concern.
4.0 RECCOMMENDED MITIGATIONS FOR PROPOSED PROJECT
The proposed gravel extraction project could disturb surface vegetation and impact water
quality. Because no species of special concern were located or are expected within the
mine tailings, impacts upon these species are not expected. Impacts to water quality can
be reduced to Less Than Significant by performing extraction operations during the dry
season and away from the channel of Wyandotte Creek.
Duke Sherwood Daley Property 5 Botanical Survey Report
Palermo, California - May 12, 2005
USGS ¢ice f • ' �t "' '
Palermo, Calif.
Aerial Photo N, ;• i• �/� r.+rr
1998j j ? i.
11 do rte; r
(---Transitional- '
'0 jam✓ Y'%'
u ,!� .,A ✓ � .•17 � 'r •moi.. 11 {
f �� i;yiT_,_r. i7r � ,. y - r ✓ Imo. �r w �!i'
t t Duke Sherwood property - Ecological/Habitat Zones
C Y.s •'i' 0 Annual Valley Grassland
Mine Tailings (Foothill Woodland/Riparian)
Foothill Woodland (Grey Pine/Blue Oak assoc.)
Blue Oak Savannah
Figure 2. Habitat Type Map
Duke Sherwood Daley Property 7 Botanical Survey Report
Palermo, California May 12, 2005
Figure 3: Looking west across northern Annual Grassland, scattered blue oaks visible.
Figure 4: Wyandotte Creek flowing through Annual Grassland.
Duke Sherwood Daley Property 8 Botanical Survey Report
Palermo, California May 13, 2005
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Figure 11: Mine tailings mounded with dense upland vegetation in back.
Figure 12: Typical view of interior of mine tailings.
Duke Sherwood Daley Property 12 Botanical Survey Report
Palermo, California May 13, 2005
' Appendix A
IList of Species of Vascular Plants Identifiable
Quad List of Federal Endangered and Threatened Species
List of Species of Vascular Plants
Identifiable on 20 April 2005
On the Duke Sherwood Property,
Palermo, Butte County, California
Scientific Name
Achyrachaena mollis
Agoseris heterophylla
Aira caryophyllea
Aira elegans
Allium amplectens
Amsinckia menziesii var. intermedia
Anagallis arvensis
Asclepias eriocarpa
Arctostaphylos manzanita ssp. manzanita
Arctostaphylos viscida ssp. viscida
Artemisia douglasii
Avena spp.
Baccharis salicifolia
Barbarea orthoceras
Bellardia trixago
Blennosperma nanum
Brassica nigra
Brassica rapa
Brickelia californica
Brodiaea minor
Bromus diandrus
Bromus hordeaceus
Bromus madritensis ssp. rubens
Bromus sterilis
Briza maxima
Briza minor
Common Name
Blow wives
Annual agoseris
Silver hairgrass
Elegant hairgrass
Paper onion
Common fiddleneck
Scarlet pimpernel
Indian milkweed
Manzanita
White leaf manzanita
Mugwort
Wild oats
Mule's fat
American wintercress
Bell ardia
Yellow carpet
Black mustard
Field mustard
California brickelia
Ground stars
Ripgut brome
Soft chess
Red brome
Sterile brome
Greater quaking grass
Small quaking grass
List of Vascular Plants a
Sherwood Property, Palermo, CA
April 2005
Scientific Name
Common Name
Calandrinia ciliata
Red maids
Callitriche heterophylla
Water starwort
Calochortus luteus
Yellow mariposa lily
Cardamine oligosperma
Western bittercress
Carduus pynocephalus
Italian thistle
Carex feta
Green -sheathed sedge
Castilleja attenuata
Valley tassels
Castilleja campestris ssp. campestris
Field owl clover
Ceanothus cuneatus var. cuneatus
Buckbrush
Centaurea solstitialis
Star thistle
Centunculus minimus
Chaffweed
Cephalanthus occidentalis var. californicus
California button willow
' Cerastium glomeratum
Sticky mouse ears
Chamomilla suaveolens
Pineapple weed
Cicendia quadrangularis
Timwort
Cirsium vulgare
Bull thistle
Clarkia purpurea
Purple clarkia
Claytonia perfoliata ssp. perfoliata
Miner's lettuce
Convolvulus arvensis
Bindweed
Crassula aquatica
Water pygmyweed
Crassula tillaea
Mossy pygmyweed
Crucianella angustifolia
Crosswort
Cryptantha flaccida
Weak -stemmed cryptantha
Cuscuta sp.
Dodder
Cynodon dactylon
Bermuda grass
Cynosurus echinatus
Dogtail grass
Cyperus eragrostis
Tall sedge
' Danthonia californica var. californica
California oat grass
Daucus pusillus
Rattlesnake weed
1 List of Vascular Plants
Sherwood Properly, Palermo, CA
April 2005
Scientific Name
Common Name
Deschampsia danthanoides
Silver hairgrass
Dianthus armeria
Grass pink
Dichelostemma multiflorum
Round tooth ookow
Dichelostemma pulchellum
Blue dicks
Dichelostemma volubile
Twining brodiaea
Digitaria sp.
Crabgrass
Downingia bicornuta
Double-horned downingia
Downingia ornatissima var. ornatissima
Ornate downingia
' Eleocharis acicularis
Needle spikerush
Eleocharis atropurpurea
Purple spike rush
Eleocharis pauciflora
Few-flowered spike rush
Elodea sp.
Water weed
'
Epilobium brachycarpum
Willow herb
Epilobium densiflorum
Dense flowered spike primrose
Epilobium torreyi
Torrey's spike primrose
Eremocarpus setigerus
Turkey mullein
Eriogonum nudum
Woolly eriogonum
Erodium brachycarpum
Short-beaked stork's bill
Erodium botrys
Long-beaked stork's bill
Erodium cicutarium
Red-stemmed filaree
Eryngium castrense
Coyote thistle
Eschscholzia californica
California poppy
Eschscholzia lobbii
Frying pan poppy
Filago californica
California filago
Fraxinus latifolia
Oregon ash
1 Galium aparine
Cleavers
Galium tricornutum
Rough corn bedstraw
Geranium dissectum
Cut-leaf geranium
Geranium molle
Dove foot geranium
List of Vascular Plants
Sherwood Property, Palermo, CA
1 April 2005
c
1 Glyceria occidentalis
Western manna grass
Scientific Name
Common Name
Gnaphallium sp.
Cudweed
Gratiola ebracteata
Bractless hedge hyssop
Grindelia hirsutula
Foothill gumplant
Hemizonia fitchii
Fitch's spikeweed
Heteranthera limosa
Mud plantain
Hordeum marinum var. gussoneanum
Mediterranean barley
Hordeum murinum var. leporinum
Hare barley
'
Hypericum anagalloides
Tinker's penny
Hypericum cocinnum
Goldwire
Hypochaeris glabra
Smooth cat's ear
Juncus acuminatus
Sharp -fruited rush
Juncus bufonius
Toad rush
Juncus capitatus
Capitate short rush
Juncus effusus var. pacicus
Pacific rush
Juncus patens
Spreading rush
Juncus uncialis
Inch -high rush
Juncus xiphioides
Iris -leaved rush
1 Lactuca serriola
Prickly lettuce
Lamium amplexicaule
Henbit
Lasthenia californica
California goldfields
Lasthenia fremontii
Fremont's goldfields
Layia fremontii
Tidy tips
1 Lemna sp.
Duckweed
Leontodon taraxacoides
Hawkbit
Lepidium nitidum
Shining peppergrass
Lepidium strictum
Upright pepper grass
Linanthus bicolor
Bicolored linanthus
Linum bienne
Western flax
' List of Vascular Plants
Sherwood Property, Palermo, CA
April 2005
0
' Lolium multiflorum
Italian rye
1 Scientific Name
Common Name
Lomatium dasycarpum ssp. dasycarpum
. Hairy-fiuited lomatium
Lotus humistratus
Foothill lotus
Lotus micranthus
Small -flowered lotus
Lotus purshianus
Spanish lotus
Lotus wrangelianus
Wrangel lotus
Lupinus bicolor
Bicolored lupine
Lupinus nanus
Sky lupine
Lupinus polycarpus
Small -flowered lupine
Lythrum portula
Water purslane
'
Marah sp.
Manroot
Marrubium vulgare
Horehound
1 Marsilea vestita ssp. vestita
Hairy pepperwort
Medicago polymorpha
Bur clover
Medicago praecox
Mediterranean bur clover
Mentha x piperita
Peppermint
Mentha spicata
Spearmint
Micropus californicus
Q -tips
Microseris acuminata
Foothill microseris
Microseris sylvatica
Woodland microseris
Mimulus guttatus
Common monkey flower
Minuartia douglasii
Douglas' sandwort
Montia fontana
Water montia
Morus alba
Mulberry
Muhlenbergia rigens
Deer grass
Nassella pulchra
Purple needle grass
Navarretia intertexta
Needle -leaved navarretia
' Navarretia leucocephala
White navarretia
Navarretia pubescens
Downy navarretia
' List of Vascular Plants
Sherwood Property, Palermo, CA
April 2005
C
Odontostomum hartwegii Hartweg's odontostomum
Scientific Name Common Name
Olea europaea
Olive
Pinus sabiniana
Gray pine
Plagiobothrys canescens
Valley popcorn flower
Plagiobothrys fulvus
Fulvous popcorn flower
Plagiobothrys glyptocarpus
Sculptured popcorn flower
Plagiobothrys greenei
Green's popcorn flower
Plagiobothrys nothofulvus
Common popcorn flower
Plagiobothrys stipitatus
Stipitate popocorn flower
Plagiobothrys tenellus
Slender popcorn flower
Plantago coronopus
Cut -leaved plantain
Plantago elongata
Elongate plantain
Plantago erecta
Erect plantain
Poa annua
Annual bluegrass
Pogogyne zizyphoroides
Sacramento valley pogogyne
Polygonum arenastrum
Common knotweed
Polygonum hydropiper
Water pepper
Populus fremontii
Fremont's cottonwood
Psilocarphus brevissimus
Woolly marbles
Psilocarphus tenellus var. tenellus
Slender woolly marbles
Quercus berberidifolia
Scrub oak
Quercus douglasii
Blue oak
Quercus lobata
Valley oak
Quercus wislizenii var. wislizenii
Interior live oak
Ranunculus aquatilis
Water buttercup
Ranunculus bonariensis var. trisepalus
Three-sepaled buttercup
Ranunculus muricatus
Prickleseed buttercup
Ranunculus occidentalis var. occidentalis
Western buttercup
Raphanus raphanistrum
Wild radish
List of Vascular Plants f
Sherwood Property, Palermo, CA
April 2005
1 Scientific Name
Common Name
' Rhamnus tomentella ssp. tomentella
Coffeeberry
Rubus discolor
Himalayan blackberry
Rumex crispus
Curly dock
Rumex pulcher
Fiddledock
Salix exigua
Sandbar willow
Salix gooddingii
Black willow
Salix laevigata
Red willow
Salix lasiolepis
Arroyo willow
' Sanicula crassicaulis
Pacific sanicle
Scirpus sp.
Tule rush
Senecio vulgaris
Old man of spring
Sherardia arvensis
Field madder
'
Silene gallica
Windmill pink
Silybum marianum
Milk thistle
Sisymbrium sp.
Hedge mustard
Soliva sessilis
Lawn burweed
Sonchus oleraceus
Common sow thistle
Spergularia bocconei
Boccone's sandspurry
Stellaria media
Common chickweed
Taeniatherum caput -medusae
Medusa head grass
Thysanocarpus curvipes var. curvipes
Fringe pod
' Thysanocarpus curvipes var. elegans
Fringe pod
Torilis arvensis
Hedge parsley
Toxicodendron diversilobum
Poison oak
Tragopogon sp.
Salsify
Trichostemma lanceolatum
Vinegar weed
Trifolium depauperatum var. depauperatum
Cowbag clover
' Trifolium dubium
Little hop clover
Trifolium hirtum
Rose clover
List of Vascular Plants
Sherwood Property, Palermo, CA
April 2005
E-9
Scientific Name
Common Name
' Trifolium subterraneum
Subterranean clover
Trifolium variegatum
White -tipped clover
Trifolium willdenovii
Tomcat clover
Triphysaria eriantha
Johnnytuck
Triteleia hyacinthina
Wild hyacinth
Triteleia laxa
Grass nuts
Triteleia lilacina
Glassy wild hyacinth
Typha sp.
Cattails
' Uropappus lindleyi
Silverpuffs
Urospermum picroides
Urospermum
Velezia rigida
Velezia `
Veronica peregrina ssp. xalapensis
Purslane speedwell
'
Vicia sativa
Garden vetch
Vitis californica
Wild grape
Vulpia bromoides
Six -weeks fescue
Vulpia myuros var. hirsuta
Foxtail fescue
'
Vulpia myuros var. myuros
Rattail fescue
' Xanthium strumarium
Cocklebur
List of Vascular Plants
Sherwood Property, Palermo, CA
April 2005
h
Federal Endangered and Threatened Species that Occur in
or may be Affected by Projects in the Counties and/or
U.S.G.S. 7 1/2 Minute Quads you requested Document Number: 050420092314
Database Last Updated: March 16, 2005
Listed Species Invertebrates
Fish
Quad ListsPALERMO (560A)
• Branchinecta lynchi - vernal pool fairy shrimp (f)
• Desmoccrns californicus dimorphus - valley elderberry longhorn beetle (T)
• I.epidurns packardi - vernal pool tadpole shrimp (IS)
• i lypomesus Iranspacificus - delta smell (T)
• Oncorhynchus ntykiss - Central Valley steelhead (f)
• Oncorhynchus tshavvylscha - Central Valley spring -nut chinook salmon (f)
• Oncorhynchus tshawytseha - winter -run chinook salmon (li)
Amphibians
• Rana aurora draytonii - California red -legged frog (T)
Reptiles
• Thanmophis gigas - giant garter snake (f)
Birds
• Haliaeetus leucocephalus - bald eagle (T)
Plants
• Orcullia tennis - slender Orcutl grass (f)
Candidate Species
Fish
• Acipenser medirostris - green sturgeon (C)
• Oncorhynchus tshawytscha - Central Valley fall/late fall -run chinook salmon (C)
• Oncorhynchus tshawytscha - Critical habitat, Central Valley tall/late fall -run chinook (C)
Birds
• Coccyzus americanus occidentalis - Western yellow -billed cuckoo (C)
• F.umops perotis californicus - greater western mastiff=hal (SC)
• Myotis ciliolabrum - small -footed myotis hat (SC)
• Myotis evotis - Iong-cared myotis bat (SC)
• Myotis thysanodes - Iringed ntyotis bat (SC)
• Myotis volans - long-legged myolis hat (SC)
• Myotis yumanensis - Yuma ntyotis hat (SC)
• perogoathus inomatus - San Joaquin pocket mouse (SC)
Plants
• JUOCUS Iciospcnnus var. ahartii - Ahart's (d%varl) rush (SC)
`Listed Species
Invertebrates
Fish
County Lists
Butte County
• Branchinecta conservatio - Conservancy fairy shrimp (E)
• Branchinecla lynchi - Critical habitat, venial pool fairy shrimp (X)
• Branchinecta lyttchi - venial pool fairy shrimp (T)
• Desntocems califomicus dintorphus - valley elderberry longhom beetle ('I')
• Lepidunts packardi - Critical habitat, vernal pool tadpole shrimp (X)
• Lepidums packardi - vernal pool tadpole shrimp (L')
• Hypontesus transpacificus - delta smell (T)
• Oncorhynchus mykiss - Central Valley steelhead ('I')
• Oncorhynchus lshawytsclia - Central Valley spring -run chinook salmon (l')
• Oncorhynchus tshawytscha - Critical habitat, winter -run chinook salmon (E)
• Oncorhynchus tshaw)4scha - winter -nm chinook salmon (E)
Amphibians
• Antbystonta califomiense - California tiger salamander (I')
• Rana aurora draytonii - California red -legged frog (1')
Reptiles
• 'fhanutophis gigas - giant garter snake (11')
Birds
' • I laliacetus leucocephalus - bald eagle (I')
' Plants
• Chamacsyce hooveri - I loover's spurge (f)
• Linmanthcs Jloccosa ssp. calilornica - Butte County (Shippec) mcadowloam (E)
• Orcuttia pilosa - hairy Orcult grass (G)
• Orcullia tcnuis - slender Orcull grass (f)
• 'l'uctoria greenei - Greene s lucloria (=Orcutl grass) (G)
Proposed Species
Amphibians
• Rana aurora draylonii - Critical habitat, California red -legged frog (Proposed) (PX)
' Candidate Species
Fish
• Acipenser mcdirostris - green sturgeon (C)
• Oncorhynchus tshawytscha - Central Valley fall/late fall -run Chinook salmon (C)
• Oncorhynchus Ishmntscha - Critical habitat, Central Valley fall/late tall -nm Chinook (C)
' Amphibians
• Rana muscosa - mountain yellow -legged frog (C)
Birds
• Coccyzus americanus occidentalis - Western yellow -billed cuckoo (C)
Mammals
• Marles pennanti - fisher (C)
' Species of Concern
Invertebrates
' • Atnhicus sacramento - Sacramento anlhicid beetle (SC)
• Cicindela hirticollis abrnpta - Sacramento Valley tiger beetle (SC)
• Undcriella occidentalis - Califomia linderiella fairy shrimp (SC)
Fish
• 1 nipetra ayresi - river lamprey (SC)
• Pogonichthys maerolepidotus - Sacramento splittail (SC)
• Spirinchus thaleichthys - longfin smelt (SC)
IAmphibians
• Rana boylii - lbotbill yellow -legged frog (SC)
• Rana cascadae - Cascades frog (SC)
• Spea hanunondii (was Scaphiopus h.) - western spadefoot load (SC)
Reptiles
• Clenunys nrarmorata nramrorata - northwestern pond turtle (SC)
• Masticophis flagellum mddocki - San Joaquin coachwhip (=whipsnake) (SC)
• Phrynosoma coron;uum tiontale - Calif6mia homed lizard (S(.:)
Birds
• Accipiter genfilis -northern goshawk (SC)
' • Agelaius tricolor - tricolored blackbird (SC)
• Alhene cunicularia hypugaea - western burrowing owl (SC)
• 13acolophus inomatus - oak. titmouse (SLC)
• Boleunrs lenliginosus - American billem (SC)
• Branta canadensis leucopareia - Aleutian Canada goose (D)
• Butco regalis - ferruginous hawk (SC)
• Buteo Swainsoni - Swainson's hawk (CA)
• Carduelis lawrencei - Lawrence's goldfinch (SC)
• Chactura vauxi - Vaux's swill (SC)
• Cinclus mexicanus - American dipper (SLC)
' • Contopus cooperi - olive -sided flycatcher (SC)
• Cypseloides niger - black swill (SC)
• @mpidonax traillii brewsteri - little willow flycatcher (CA)
•
Falco peregrinus anatum - American peregrine falcon (D)
• Grus canadensis labida - greater sandhill crane (CA)
• 1.111418 ludovicianus - loggerhead shrike (SC)
• Melanerpes lewis - Lewis'woodpecker (SC)
' • Olus flanuncolus - flammulated owl (SC)
• Picoides albolarvatus - white -headed woodpecker (SC)
• Picoides nutlallii - Nuttall's woodpecker (SLC)
• Plegadis chihi - white-faced ibis (SC)
• Riparia riparia - bank swallow (CA)
• Selasphorus rufirs - rufous hummingbird (SC)
• Sphyrapicus tuber - red -breasted sapsucker (SC)
• Strix occidentalis occidentalis - California spotted owl (SC)
• '1'oxostoma redivivum - California thrasher (SC)
Mammals
• Corynorhinus (=Plecotus) townsendii pallescens - pale Townsend's big -eared bat (SC)
• Corynorhinus (=Plccutus) lownscndii lownscndii - Pacific western big -cared bat (SC)
• Dipodomys califomicus eximius - Marysville I-leemiann's kangaroo rat (SC)
• fudenna maculatum - spotted bat (SC)
• 6umops perolis ealifomicus - greater western mastifPbat (SC)
' • Lepus americanus tahoensis - Sierra Nevada snowshoe hare (SC)
• Myotis ciliolabrum - small -fouled nryotis bat (SC)
• Myotis evolis - long -cared nryotis hal (SC)
Species of Concern
Invertebrates
Fish
• Cicindela hirticollis abrupta - Sacramento Valley tiger beetle (SC)
• Lindcriella occidentalis - California linderiella fairy shrimp (SC)
• Pogonichthys macrolepidotus - Sacramento splittail (SC)
• Spirinchus thalcichthys - longfin smell (SC)
Amphibians
• Spea hanunondii (was Scaphiopus h.) - western spadefoot toad (SC)
Reptiles
• Clemmys nramrorata mannorata - northwestern pond turtle (SC)
• Phrynosoma coronatum frontale - California horned lizard (SC)
Birds
• Agelaius tricolor - tricolored blackbird (SC)
• Athene cunicularia hypugaca - western burrowing owl (SC)
• Bacolophus inomatus - oak titmouse (SLC)
• Branla canadensis leucopareia - Aleutian Canada goose (D)
• Butco regalis - ferruginous hawk (SC)
• Buleo Swainsoni - Swainsoris hawk (CA)
• Carduelis lawrencei - Lawrence's goldfinch (SC)
• Chactura vauxi - Vaux's swift (SC)
• Cypseloides niger - black swift (SC)
• 1'slanus leucurus - while -tailed (=black shouldered) kite (SC)
• 131npidonax traillii brewsteri - little willow flycatcher (CA)
• Falco peregrinus anatunt - American peregrine falcon (D)
• Gros canadensis tabida - greater sandhill crane (CA)
• Lanius ludovicianus - loggerhead shrike (SC)
• Melanerpes lewis - L,ewie woodpecker (SC)
• Numenius americanus - long -billed curlew (SC)
• Picoides nuttallii - Nultall's woodpecker (SLC)
• Plegadis chihi - white-faced ibis (SC)
• Riparia riparia - bank swallow (CA)
• Selasphorus rufus - rufous hummingbird (SC)
• 'roxostoma redivivum - California thrasher (SC)
Mammals
• Corynorhinus (=Plecotus) townsendii pallescens - pale "rownsend's big -eared bat (SC)
• Corynorhinus (=Plecotus) townsendii townsendii - Pacific western big -eared bat (SC)
• Dipodomys californicus eximius - Marysville Ffeermanns kangaroo rat (SC)
• Cudenna maculatum - spotted bat (SC)