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HomeMy WebLinkAboutUP 87-26USE PERMIT BUTTE COUNTY PLANNING COMMISSION .March 6, 1987 DATE: (Registered -Mail Rec.) 87-26 PERMIT NO. AP 41-06-38, etc. ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Spring Valley Minerals, Inc. is hereby granted a Use Permit in ,accordance with application filed: 12/15/86 to allow exploratory mining activities, underground storage of inflammables and the use of explosives on property zoned U located at the Cherokee Mine Site, approximately l' mile south of Cherokee Road and 1 Mile east of Highway 70, Cherokee. 1. 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 Enabling Ordinance. 2. Unless otherwise provided for in a condition to a use 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 use 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 shall be required to establish the use. SPECIAL CONDITIONS: 1. Construct a public road approach to Butte County Department of Public Works standards at the intersection of the access road and Cherokee Road. 2. Provide approved source of domestic water for employees. 3. Provide sewage disposal and toilet facilities for employees.as required by Butte County Health. 4. Meet the requirements of Regional Water Quality Control Board on waste and water discharges. 5. Underground fuel tanks to be operated in conformance with County and State regulations. r . 6. Blasting to be restricted to underground use only with a maximum of 100 ponds per cumulative shot. 7. Limit hours of blasting to 7:30 a.m. to 5:30 p.m., Monday through Saturday. 8. Storage and handling of the explosives to be conducted by a licensec blaster under the rules of the Occupational Safety and Health Administration (OSHA), U. S. Mine Safety and -Health (MSHA) and the State of California. 9. Contact residents within a one -mile radius of project site at least \one hour prior to blasting. 10. \This permit will have a time limit of one year, at which time there III be a review. 11. All explosives will be kept in a metal magazine and under double lock. 12. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. 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 use permit, and that I agree.to abide fully by said conditions. Dated: r Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Chairman of Planning Commission CC: Department of Public Works (2) Health Department Fire Department Unless ,otherwise providedf` in a. If any .use for which a use permit. has been condition to a use permit con- granted is not blished within one year of the date of re of the permit by the'per- ditipns must be completed the mittee the pe t shall become null ad.d permittee within 12 .months of the USE PERMIT void and reapplication shall be deli:very.,of the permit to the. required to establish the use previously permittee. granted. April 26,' 1976 BUTTE COUNTY PLANNING COMMISSION DATE (Do not issue before appeal time has lapsed Au r� • e• 76-55 e • PERMIT NO: e e 41-06-39 & 40 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: ROBERT W. ADAMS ME s hereby granted a Use Permit in accordance with application filed: 3/8/76 to allow handl in r� 14,ge--anu I DATE storage of explosives on the south side of lar,�ron' Rd, south of erokee, north of Oroville Failure to comply with the conditions specified herein as the basis for approval of appli- cation and issuance of Permit, constitutes. cause for the Planning Commission to revoke said permit in accordance with the. procedures set forth in the Butte County Zoning Enabl= ling Ordinance. SPECIAL CONDITIONS: 1. All vehicles must comply with the Public Resources Code Section -442, which requires spark arresters for hydro carbon fuel vehicles in wild land areas. 2: All buildings must comply with Public Resources Code Section 4291, which specifies vegetation clearance re- quirements for structures in wild land areas. Applicant.must also comply with all other State and local statutes, ordinances, and regulations. 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 use permit, and that I agree to abide fully by said conditions. Dated: Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting. construction, nor does it waive any other requirements. cc:. Dept. public works health dept. Chairman of Planning Commission utteoun y LA\D OF IM A. UR L +HEAL T H AN)D ' - DEPARTMENT OF PUBLIC WORKS" = WILLIAM (Bill).CHEFF, Director .7 COUNTY CENTER DRIVE *- OROVILLE, CALIFORNIA 95965- TELEPHONE: 5965TELEPHONE: (916) 538-7681 FAX: (9.16) 538-2140 November 22, 1993 RONALD D. McELROY _ Deputy-Dimctor Dan Cook - Re: Spring Valley Minerals Barnhart-Brown:"Associates (File 160.17) P.O. Box 1576 Oroville, CA 95965 Dear Dan: , This is in reply to your letter dated November -16, 1993 concerning remedial work to be done at the Cherokee Mine for Spring Valley Minerals. Inasmuch as the Water Resources Control Board has issued .a permit to Spring Valley Minerals to do the required remedial work, we have determined that the State is the lead agency and.a grading permit from the County is not required.. We also assume the State has approved the proposed remedial work. If any additional mining is contemplated at the site, a Reclamation Plan and a Use and Mining Permit from the County is required. Very truly yours, WC:ss William Cheff Director of Public Works File No. 'BUTTE COUNTY (For Action 1,2,3) Public Works Department (For infonnation V) Director Deputy Director Secretary Bldg. Insp. Admin. Design Engineer Road Design Bridge Engineer Const. Engineer Surveys Mapping Solid Waste Transportation Permits Addressing M E M O P r o j e c t_ Spring Valley Minerals, Inc...............93030 ID a t iNovember 18, 1993 r RE: Storm Water Discharge Permit from the State of California To: Bill Cheff From: Dan Cook Attached is the full permit for the Old Cherokee Mine site Storm Water Pollution Prevention Project. ' The permit is,based on the Notice of Intention as filed by Spring Valley on October 26 a copy was included as the yellow sheets attached to the November 17 letter. r ;7 • Z ` � % i i 11.5 i Transportation j f. � Permits { Addressing �o i I File No. `BUTTEC UNTY (For Action 1,2,3) Public Works De artment (For information ✓) I Director Ar Deputy Director ` Secretary Rd. & Br. Mtce. t Shop & Yard tare VV 1 ,) Bldg. Insp. Admin. f i1•tij; ,(, t i ' '-1 1 "t, ,,, t' l t l Design Engineer {n•.I! 'u' (c!:. , ;y "r; ; .,I Road Design ,r, ticJ �r•�_, . � I Bridge Engineer i ; ;,,�� (i t ' i t' Const. Engineer Surveys Mapping ` •r i 1 I Solid Wastes 1 I . i Transportation j f. � Permits { Addressing �o UATE OF CAI IFORNIA - virnnmAntA PrntAntinn AnPnry PFTF A/II ';()N r.../Arnnr CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD CENTRAL VALLEY REGION - 415 Knollcrest Drive, Suite 100 Redding, CA 96002AUG` .13`93 Fi,�q PHONE: (916) 224-4845 FAX: (916) 224-4857 13 August 1993 Mr. Dan Cook Barnhardt and Brown P.O. Box 1576 Oroville, CA 95965 SPRING VALLEY MINERALS INDUSTRIAL ACTIVITIES STORM WATER PERMIT This letter is to follow up on our site visit to the mine on 11 August 1993. wffu_�� activefand'mactivermmes (See Attachment'l of the enclosed package,'item 3). we do not intend, to revise the existing Waste Discharge Requirements for' the mine.. . As we agreed to in our meeting, we expect the proposed modifications to the settling ponds on Spring Valley Mineral's property will be completed by 1 November 1993. Note that this construction is only one action among ' others to implement the- General Industrial Activities Storm Water Permit. The owner is responsible for implementing all requirements of the general permit. Please submit all appropriate information necessary for the general permit to the State Board by 30 September 1993, and copy us with that' information. We reserve the right to issue an individual storm water permit if the general permit does not achieve an adequate reduction of solids loading to receiving waters. If you have any questions regarding this.letter, please contact me at (916) 224-4858, or the above address. i Ronald S. Dykstra, P. Staff Engineer .RSD:tch cc: Mr. Gayland Taylor, Department of Fish and Game, Paradise Mr. Tom Reid, Butte County Department of Environmental Health, Oroville Mr. Mr. Rich Munson, Spring Valley Minerals, Denver, Colorado WA T_ ER RESOURCES CONTROL BOARD STORM WATER D Z S CHARGE P_ ERM I T No _ 5 AO 4 S O 1 0 7 4 2 November 10, 1993 Spring Valley Minerals, Inc Old Cherokee Mine Site Butte County, California NOV. -16' 93(TUE) 09:49 RICH A MUNSON ESQ. STATE OF CALIFORNIA • CALIFORNIA ENVIRONMENTAL PRoTECTIO1 STATE WATER RESOURCES CONTROL BOARD PAUL R. BONDERSON BUILDING got P STREET P.O. BOX too SACAAMENTO. CALIFORNIA 9W12-0100 RICHARD A MUNSON SPRING VALLEY MINERALS ONE TABOR CENTER -1200 17TH ST DENVER CO 80202 STATUS OF YOUR NOTICE OF INTENT TEL:303 534 0126 P. 002 *.F&I (916) 657-1146 PSLA FAX: (91.6)657-23883CE November 10, 19 9-3 Your receipt of this letter is acknowledgement of your registration as a general permittee according to the information you submitted on your Notice of Intent to comply with the terms of the.General Permit. FACILITY DESCRIPTION Owner: SPRING VALLEY MINERALS Facility: CHEROKEE MINE Facility Address: 250 CHEROKEE RD City: ORVILLE County: BUTTE Type of Business: MINE SITE Your WDID identification number is 5A04So10742. Please use this number in any future communications with the State Water Resources Control Board or appropriate Regional water Quality control Board regarding this permit. Dischargers are required to resubmit an amended;NOI to reflect a change in owner/operator or operational status. Upon notification to the state Water Board that your facility is no longer operational or is no longer to be covered by the General Permit, it will be removed from the roll of general permittees. Unless notified that a facility is no longer to be covered under the General Permit, you will continue to be invoiced for an annual fee. If you have any questions regarding permit requirements, please call the Regional Water Quality Control Hoard at (916)224-4845. S' cerely, Archie H. Matthews, Chief Regulatory Section Division of Water Quality STATE WATER RESOURCES CONTROL BOARD (STATE AATM HOARD) 901 P STREET SAOMMUIU, CA 95814 SE PO! RATIONAL POLLUTANT DISCHARGE E1IN111AITON SZSMM PBBH= (RPDES) GENERAL PE01= (AS AIMED SBPT2MM 17, 1992) POR. STORK WATER DISCEWMES ASSOCIATED VM INDUSTRIAL ACTIVITIES E=CLUDING CDNSTR=09 ACrIVTSIFS In 1972, the Federal Water Pollution Control Act (also referred to as the Clean Water Act (CWA)) was amended to provide that the discharge of pollutants to waters of the United States from any point source is effectively prohibited, unless the discharge is in compliance with a NPDES permit. The 1987 amendments to the CWA added Section 402(p) which establishes a framework for regulating municipal and industrial storm water discharges under the NPDES program. On November 16, 1990, the U.S. Environmental Protection Agency (USEPA) published final regulations that establish application requirements for storm water permits. The.regulationa require that storm water associated with industrial activity (industrial storm water) that discharges either directly to surface waters or indirectly, through municipal separate storm sewers, must be regulated by a NPDES permit. This includes the discharge of "sheet flow" through a drainage system or other conveyance. The federal regulations allow authorized states to issue general permita or individual permits to regulate industrial storm water discharges. The State Water Board has elected to issue a statewide general permit that will apply to all industrial storm water discharges requiring a permit except construction activity. A separate statewide general permit has been issued for construction activity. To obtain authorization for continued and future industrial storm `water discharge, owners, or operators when the owners do not operate the facility (dischargers), must submit a Notice of Intent (NOI) to be covered by this general permit. This approach is consistent with the four -tier permitting strategy described in federal regulations, i.e., Tier 1, Baseline Permitting. Tier 1, Baseline Permitting, enables the State to begin reducing pollutants in industrial storm water in the most.efficient manner possible. Thus, as soon as possible, all dischargera will be required by this general permit to begin implementing practices to prevent storm water pollution. Time will not be lost preparing detailed individual and general permit applications before implementing practices to prevent storm water pollution. The State Water Board has elected not to accept USEPA's group application approach or to adopt general permits for specific industrial groups at this time. All dischargers participating in group applications must either obtain coverage under this general permit or apply for an individual permit by October 1, 1992. The State Water Board bases this decision on the following factors: 1. USEPA does not allow the states to review and approve the group applications. 2. Review of hundreds of USEPA model permits and preparation of hundreds of -group -specific general permits is administratively burdensome and is inconsistent with the State Water Board's long-term permitting strategy. 3. Allowing the group application action in California would result in an inequitable and ineffective storm water permitting program. While group applicants would not be required to implement best management practices (BMPs) to reduce pollutants in storm water discharge until they receive a permit (probably several years), dischargers under the State Water Board's general permit will be required to implement BMPs on October 1, 1992. 4. The State Water Board is providing a group monitoring alternative, somewhat similar to the group _ application monitoring requirements, that should provide reduced monitoring costs to the dischargers. When USEPA issues model permits for any groups, the Regional Water Boards may consider, as appropriate, adopting group permits based upon the USEPA model permits. The general permit accompanying this fact sheet is'intended to regulate industrial storm water discharges. The consolidation of many discharges under one general permit will greatly reduce the'otherwise overwhelming administrative burden associated with start up of a new program to regulate industrial storm water discharges. It is also the least costly way for a discharger to obtain a permit and comply with USEPA's regulations. It is expected that as the storm water program develops, the Regional Water Boards will issue individual and general permits which regulate discharges specific either to industrial categories or to watersheds. As new permits are adopted, -dischargers subject to those permits will no longer be regulated by this general permit. As permits are reissued for discharges of treated wastewater that are currently regulated by a NPDES permit, Regional Water Boards may include storm water provisions in the revised permit. This general permit generally requires dischargers to: 1. Eliminate most non -storm water discharges (including illicit connections) to storm water sewer systems; 2. Develop and implement a storm water pollution prevention plan; and 3. Perform monitoring of discharges to storm water sewer systems. TTPBS OF STM QATM DISCEARM COVEMM B7 THIS GENERAL pEMUT This general permit is intended to cover all new or existing discharges composed entirely of industrial storm water from facilities required by federal regulations to obtain a permit. This includes all facilities that are participating in a group application. The State Water Board notes that officials from USEPA have stated that the regulations include only those facilities which are operated by industries whose primary function is described is the categories listed below. The State Water Board does not agree with this interpretation of the regulations, as the regulations are based on the primary activity at each industrial facility, and not the primary business of the owner oroperator of the facility. The State Water Board concludes that, based on its interpretation of the federal regulations, and its duty and authority -to protect water quality within California, the general permit must extend to all facilities which are described in the categories below, whether the activity is primary or is auxiliary to the owner or operator of the facility. For example, even though a school district's primary function is education, a facility which it operates for vehicle maintenance Of school buses is a transportation facility which is covered by this general permit. Discharges from facilities and commercial enterprises which are not required by federal regulations'to obtain a permit will not be covered by this general permit unless designated by the Regional Water Board. Discharges requiring a permit are listed by category in 40 Code of Federal Regulations (CFR)' Section 122.26(b)(14) (Federal. Register, Volume 55 at Pages 48065-66). The facilities can be publicly or privately owned. A general description of these categories are: 1. Facilities subject to storm water effluent limitations guidelines, new source performance standards, or toxic pollutant effluent standards (40 CFR Subchapter N); 2. Manufacturing facilities; 3. Mining and Oil and Gas facilities; 4. Hazardous waste treatment, storage, or disposal facilities; 5. landfills, land application sites, and open dumps that receive industrial waste; 6. Recycling facilities such as metal scrap yards, battery reclaimers, salvage yards, automobile yards; 7. Steam electric generating facilities; 8. Transportation facilities; 9. Sewage treatment plants; 10. Construction activity (covered by a separate general permit); and 11. Certain facilities if materials are exposed to storm water. -4 - Petroleum refining (40 CFR Part 419) Iron and steel manufacturing (40 CFR Part 420) Nonferrous metals manufacturing (40 CFR Part 421) Steam electric power generating (40 CFR Part 423) Ferroalloy manufacturing (40 CFR Part 424) Leather tanning and finishing (40 CFR Part 425) Class manufacturing (40 CFR Part 426) Rubber manufacturing (40 CFR Part 428) Timber products processing (40 CFR Part 429) Pulp, paper, and paperboard (40 CFR Part 430) Metal finishing (40 CPR Part 433) Pharmaceutical manufacturing (40 CPR Part 439) Ore mining and dressing (40 CFR Part 440) Pesticide chemicals (40 CPR Part 455) Photographic processing (40 CFR Part 459) Battery manufacturing (40 CFR Part 461) Metal molding and casting (40 CFR Part 464) Coil coating (40 CFR Part 465) Porcelain enameling (40 CPR Part 466) Aluminum forming (40 CFR Part 467) Copper forming (40 CFR Part 468) Electrical and electronic components (40 CFR Part 469) Nonferrous metals forming and metal powders (40 CFR Part 471) Facilities that are only listed in Category 1 because they have toxic pollutant effluent standards but which are not required to be permitted. under Category 11 (because they have no exposure to materials handling equipment or activities, raw materials, intermediate products, final products, waste materials, by-products, or industrial machinery) are not subject to this general permit: Facilities that are subject to NSPS or storm water effluent limitations guidelines are subject to this general permit regardless of whether they have exposure or not. USEPA has ongoing rulemaking that may affect certain industrial categories in 40 CFR Subchapter N during the term of this general permit. These include, but are not limited, to the following: Organic chemicals, plastics, and synthetic fibers Pesticides manufacturing Pesticides formulating and packaging Centralized Waste Treatment, Phase 1 Pharmaceutical manufacturing Metal Products and.Machinery, Phase 1 Coastal oil and gas extraction Offshore oil and gas extraction Pulp, paper, and paperboard Dischargers that are affected by these rulemakings must comply with the new federal regulations and may be subject to the requirements of this general permit. Category 5 Dischargers Inactive or closed landfills, land application sites, and open dumps that have received industrial wastes (Category 5) may be subject to this general permit unless the storm water discharges from the sites are already regulated by a NPDES permit issued by the appropriate Regional Water Board. Owners or operators of closed -s - landfills that are regulated by waste discharge requirements (WDRs) may be required to comply with this general permit. In some cases, it may be appropriate for closed landfills to be covered by the State Water Board's General Construction Activity Storm Water Permit during closure activities. The appropriate Regional Water Board should be contacted for this determination. Category 11'Dischar¢ers Dischargers in Category 11 that believe they are not subject to this general permit because of no exposure should conduct a facility inspection and document that the following minimum conditions have been met: 1. All illicit connections to the storm drainage system have been eliminated= 2. All materials are completely contained at all times; 3. All unhoused equipment associated with industrial activity is not exposed to storm water; and 4. All emissions from stacks or exhaust systems and emissions of dust or particulates do not contribute significant quantities of pollutants to storm water discharge. Dischargers should evaluate all direct and indirect pathways of exposure. Dischargers are not required to submit this documentation but are advised to keep the above documentation on site. In a recent ruling, the Ninth Circuit Court of Appeals invalidated the exemption granted by USEPA for storm water discharges from facilities in Category 11 that do not have exposure and remanded the regulation to USEPA for further action. The State Water Board, at this time, is not requiring storm water discharges from facilities in Category, 11 that do not have exposure to be covered by this general permit. Instead, the State Water Board will await future USEPA or court action clarifying the types of storm water discharges that must be permitted. If necessary, the State Water Board will reopen the general permit to accommodate such a clarification. TIPSS OF DISCHAR:Rc SOT COVERED By TOS GEEEBAL PEBMLT o CONSTRUCTION ACTIVITY: Discharges from construction activity of five acres or more, including clearing, grading and excavation. A separate general permit was adopted on August 20, 1992 for this industrial category. o FACILITIES LOCATED IN SANTA CLARA COUNTY WHICH DRAIN TO SAN FRANCISCO BAY: The San Francisco Bay Regional Water Board has adopted a general permit for discharges from facilities located in Santa Clara County which drain to San Francisco Bay. o FACILITIES COVERED BY INDIVIDUAL PERMITS: While it is the intent of the State Water Board, in order to reduce administrative burden, to regulate most discharges of industrial storm water by this general permit, dischargers may choose to apply for an individual NPDES Permit. Permit application requirements are set forth in the USEPA regulations at 40 CFR Section 122.21. o FACILITIES WHICH HAVE NPDES PERMITS CONTAINING STORM WATER PROVISIONS: The NPDES permits for some industrial waste water discharges already contain requirements regulating storm water. These discharges are in compliance with storm water regulations and will not be regulated by this general permit. When the existing permit for such discharges expires, a Regional Water Board may authorize coverage under this permit, or another general permit, or issue a new permit consistent with the new federal and State storm water requirements. -6- o FACILITIES DETERMINED INELIGIBLE BY REGIONAL WATER BOARDS: Regional Water Boards may determine that discharges from a facility or groups of facilities, otherwise eligible for coverage under this general permit, have potential water quality impacts that may not be addressed by this general permit. In such cases, a Regional Water Board may require such dischargers to apply for and obtain an individual permit or a different general permit. Interested persona may petition the appropriate Regional Water Board to issue Individual permits. The applicability of this general -permit to such discharges will -be terminated upon adoption of an individual permit or a different general permit. o FACILITIES WHICH DO NOT DISCHARGE STORM WATER TO WATERS OF THE UNITED STATES: The discharges from the following facilities are not required to obtain a permit: 1. FACILITIES THAT DISCHARGE STORM WATER TO MUNICIPAL SANITARY SEWER SYSTEMS: Facilities that discharge storm water to municipal sanitary sewer systema or combined sewer systems are not required by federal regulations to obtain a storm water permit or to submit a NOI to comply with this general permit. (It should be noted that many municipalities have sewer use ordinances that prohibit storm drain connections to their sanitary sewers.) 2. FACILITIES THAT DO NOT DISCHARGE STORM WATER TO SURFACE WATERS OR SEPARATE STORM SEWERS: Dischargers that capture all industrial storm water runoff from their facilities and treat and/or dispose of it with their process waste water, and dischargers that dispose of their industrial storm water to evaporation ponds, percolation ponds, or combined sewer systems, are not required to obtain a storm water permit. To avoid liability, the discharger should be certain that a discharge of industrial storm water to surface waters will not occur under any circumstances. o LOGGING ACTIVITIES: Logging activities described under SIC 2411. o MINING AND OIL AND GAS FACILITIES: Oil and gas facilities that have not released storm water resulting in a discharge of.a reportable quantity (RQ) for which notification is or was required pursuant to 40 CFR Parts 110, 117, and 302 at any time after November 19, 1988 are not required to be permitted unless the industrial storm water discharge contributed to a violation of a water quality standard.. Mining facilities that discharge storm water that does not come into contact with any overburden, raw materials, intermediate product, finished product, by-product, or waste product located at the facility are not required to be permitted. These facilities must obtain a storm water permit if they have a new release of storm water resulting in a discharge of a RQ. o FACILITIES ON INDIAN LANDS: Discharges from facilities on Indian lands will be regulated by the USEPA. HOTIFICMOH REQUIREMENTS Dischargers of facilities described in the section entitled "Types of Storm Water Discharges Covered by This General Permit", must obtain a permit to discharge storm water. A NOI must be submitted for each individual facility to obtain coverage. Certification of the NOI signifies that the discharger intends to comply with the provisions of the general permit. Dischargers that do not submit a NOI for facilities must submit an application for an individual permit. USEPA's regulations (40 CFR 122.21 (a)) exclude dischargers covered by a general permit from requirements to submit permit applications. The NOI requirements of this general permit are intended to establish a mechanism which can be used to establish a clear accounting of the number of dischargers complying with the general permit, their identities, the nature of operations at the facilities, and location. -7 - Dischargers of existing facilities in California were required to obtain coverage by submitting a completed NOI no later than March 30, 1992. Dischargers of new facilities (those beginning operations after March 30, 1992) must submit a NOI 30 days prior to the beginning of operations. The NOI must be sent to the following address: California State Water Resources Control Board Division of Water Quality P. 0. Box 1977 Sacramento, CA 95812-1977 Attention: Storm Water Permitting Unit Facilities that do not obtain coverage under this general permit or by an individual NPDES permit for a discharge of industrial stom rwater, by the appropriate deadlines, will be in violation of the Clean Water Act and the California Water Code. There are substantial penalties which can be pursued by the State or Regional Water Boards, USEPA, or by private citizens for violation of these laws. Facilities that miss the appropriate deadlines for filing their NOIs may file their NOls late but will be in violation for the period they were late. In general, late filers should develop and implement their SWPPP and Monitoring Plan no more than 30 days following submittal of their late NOI. Dischargers that cannot develop and implement these. plans within 30 days should notify the appropriate Regional Water Board. DESCR=OH OF GBl2AL PBBMa =DITIO S Prohibitions This general permit authorizes the discharge of industrial storm water from industrial facilities that are required to obtain industrial storm water permits. This general permit prohibits most non -storm water discharges (including illicit connections) and discharges containing hazardous substances in storm water in excess of reportable quantities established at 40 CFR 117.3 and 40 CFR 302.4. Allowable non -storm water discharges are discussed below under the heading Storm Water Pollution Prevention Plan (SWPPP) Effluent Limitations Permits for discharges of industrial storm water must most all applicable provisions of Sections 301 and 402 of the CWA. These provisions require control of pollutant discharges that use best available technology economically achievable (BAT) and best conventional pollutant control technology (BCT) to reduce pollutants, and any more stringent controls necessary to meet water quality standards. USEPA regulations (40 CFR Subchapter N) establish numeric effluent limitations for storm water discharges from facilities in ten industrial categories. For these facilities, the numeric effluent limitations constitute BAT and BCT for the specified pollutants., and must be met to comply with this general permit. For storm water discharges from facilities not among the ten industrial categories listed in 40 CFR Subchapter N, it is not feasible at this time to establish numeric effluent limitations. The reasons why establishment of numeric effluent limitations is not feasible are discussed in detail in State Water Board Orders No. WQ 91-03 and WQ 91-04. Therefore, the effluent limitations contained in this general permit are narrative and include best management practices (BMPs). These effluent limitations constitute compliance with the requirements of the Clean Water Act. The narrative effluent limitations in this general permit include prohibitions against most discharges of non - storm water. They require dischargers to control and eliminate the sources of pollutants in storm water through the development and implementation of storm water pollution prevention plans. The plans must include beat management practices, which may include treatment of storm water discharges along with source reduction, which will constitute BAT and BCT and will achieve compliance with water quality standards. If water quality standards are not met, the appropriate Regional Water Board may specify any additional effluent limitations necessary to meet the specific standards. Storm Water Pollution Prevention Plans (SWPPP) This general permit requires development and implementation of SWPPP emphasizing storm water BMPs. This approach provides the flexibility necessary to establish controls which can appropriately address different sources of pollutants at different facilities. Existing dischargers must develop and implement a SWPPP by October 1, 1992. New dischargers must submit a NOI, and develop and implement a SWPPP prior to commencement of operations. All dischargers must prepare, retain on site, and implement a SWPPP. The SWPPP'has two major objectives: (1) to help identify the sources of pollution that affect the quality of industrial storm water discharges; and (2) to describe and ensure the implementation of practices to reduce pollutants in industrial storm water discharges. The SWPPPs are considered reports available to the public under Section 308(b) of the Clean Water Act. Required elements of a SWPPP are: (1) source identification, (2) practices to reduce pollutants, (3) an assessment of potential pollution sources, (4) a materials inventory, (5) a preventive maintenance program, (6) spill prevention and response procedures, (7) general storm water management practices, (8) employee training, (9) recordkeeping, and (10) elimination of unparmitted non -storm water discharges to the industrial storm water system. Elimination of non -storm water discharges is a major element of the SWPPP. Non -storm water discharges include a wide variety of sources including illicit connections (i.e., floor drains), improper dumping, spills, or leakage from storage tanks or transfer areas. Non -storm water discharges can contribute a significant pollutant load to receiving waters. Measures to control spills, leakage, and dumping can often be addressed through BMPa. Non -storm water discharges and industrial storm water mixed with non -storm water prior to discharge should be covered by a separate NPDES Permit. There are many discharges that may occur at a facility that ars'not related to industrial activity (i.e., air conditioning condensate, fire control water line testing, landscaping overflow, etc.). It is not the intent of this Permit to prohibit all non -industrial -related discharges. Non -industrial -related discharges may be appropriate if they: 1. Are not subject to local Regional Water Board permitting requirements. 2. Do not contain significant quantities of industrial -related pollutants. 3. Are infeasible to eliminate. 4. Are identified and addressed in the SWPPP and monitoring program. 5. Are in compliance with local municipal storm water permittee requirements. Monitoring Program The general permit requires development and implementation of a monitoring program. Existing dischargers must develop and implement a monitoring program by January 1, 1993. New dischargers must develop and implement a monitoring program prior to commencement of operations, but no earlier than January 1, 1993. The objectives of the monitoring program are to (1) demonstrate compliance with the permit, (2) aid in the implementation of the SWPPP, and (3) measure the effectiveness of the BMPs in removing pollutants in industrial storm water discharge. -9 - All dischargers (with the exception of inactive mining operations) are required to: 1. Perform visual observations during the dry and wet seasons. Dry season observations are required to verify that non -storm water discharges have been eliminated. Wet season observations are required to aid dischargers in evaluating the effectiveness of the SWPPP. 2. Conduct an annual inspection to determine compliance with this general permit. 3. Perform or participate in a sampling and analysis program. Analysis must include pH, total suspended solids (TSS), total organic carbon (TCC), specific conductance, toxic substances, and other pollutants which are likely to be present in storm water discharges in significant quantities. Dischargers subject to federal storm water effluent limitations guidelines in 40 CPR Subchapter N must also sample and analyze for any pollutant specified in the appropriate category of 40 CFR Subchapter N. Dischargers are not required to collect samples or perform visual observations during adverse climatic conditions. Sample collection and visual observations are required only during scheduled facility operating hours or within two hours after scheduled facility operating hours. Visual observations are required only during daylight hours. Dischargers that are unable to collect any of the required samples or visual observations because of the above circumstances must provide documentation to the Regional Water Board in their annual report. Dischargers may be exempt from performing sampling and analysis if they: (1) do not have areas of industrial activity exposed to storm water, (2) receive certification from a local agency which has jurisdiction over the storm sewer system that the discharger has developed and implemented an effective SWPPP and should not be required to sample, or (3) receive an exemption from the appropriate Regional Water Board. Dischargers must always perform sampling and analysis for any pollutant specified in storm water effluent limitations guidelines. Local agencies that wish to provide certifications to dischargers within their jurisdiction should develop a certification program that clearly indicates the certification procedures and criteria used by the local agency. At a minimum, these programs should include site inspections, a review of the dischargers' SWPPP, and . a review of other records such as monitoring data, receiving water data, etc. It is recommended that the certification program be sent to the local Regional Water Board for review and comment prior to implementation. Group Monitoring Each discharger may either perform sampling and analysis individually or participate in a group sampling program. A group monitoring program may be developed either by an entity representing a group of similar facilities or by a local agency which holds a storm water permit for a municipal separate storm sewer system, for industrial facilities within its jurisdiction. The entity or local agency responsible for the group monitoring program must perform sampling at a minimum of 20 percent of the facilities within the group (and at least four dischargers in a group of less than 20 dischargers). The facilities selected for sampling must be representative of all the facilities in the group. Dischargers subject to federal effluent limitations guidelines in 40 CPR Subchapter N must individually sample and analyze for pollutants listed in the appropriate federal regulations. Facilities within a group may be located within the jurisdiction of more than one Regional Water Board. Multi -Regional Water Board groups must receive the approval of the State Water Board Executive Director (with the concurrence of the appropriate Regional Water Boards). Groups may request variance from the minimum 20 percent (and a minimum of four facilities for groups of less than 20 dischargers) with adequate justification. As a minimum, the justification should: (1) explain the need for the variance, and (2) show that the variance, if approved, will result in representative monitoring data. -10 - Each entity or local agency responsible for group sampling must: (1) ensure that the monitoring is done correctly, (2) recommend appropriate BMPs to reduce pollutants in storm water discharges from group participants, and (3) evaluate and report the monitoring data to the appropriate Regional Water Board(s). All group monitoring plans are subject to Regional Water Board(s) review. Consistent with the four -tier permitting strategy described in the federal regulations,, the Regional Water Board(s) will evaluate the data and results from group monitoring to establish future permitting decisions. As appropriate, Regional Water Board(s) may terminate or require substantial amendment to the group monitoring plans, dependent, in part, on the group's overall success in meeting the. objectives of the Permit. The State Water.Board recognizes that the group monitoring option will result in fewer facilities monitored. The State Water Board believes that this is a desirable trade-off for the following reasons: 1. Review of monitoring data from all individual facilities is administratively burdensome. 2. Monitoring of fewer facilities, but with more parameters and better quality control, will result in more accurate and meaningful monitoring data. 3. Group monitoring is consistent with USEPA's four -tier permitting strategy. 4. As no numeric limits are specified in the Permit (with the exception of 40 CPR Subchapter N facilities), implementation of a SWPPP, performance of visual monitoring, and performance of an annual inspection are consistent with the minimum monitoring requirements of the CWA. 5. Data from group monitoring programs will be indicative of the effectiveness of BMPs to control pollution in storm water discharge. Additional BMPs, useful to the entire group, may be developed from the monitoring data. 6. A large percentage of dischargers are small businesses which do not have the regulatory sophistication, organizational structure, or resources to conduct an adequate individual monitoring program. Retention of Records The discharger is required to retain records of all monitoring information, copies of all reports required by this permit, and records of all data used to complete the NOI, for a period of five years from the date of measurement, report, or application. This period may be extended by the State and/or Regional Water Boards. All records are public documents. STA WATER moamm COrR13L BOARD (STATE WATER BOARD) WATER QUALIrr ORDER BO. 91-LI-DUQ (AS ARMED BY WATER QUA= ORDER NO. 92-12-DWQ) HATIOAAL PaMUfM DISCUARGE E(IHATIOH STSM (HPDES) GEMAL PED= BO. CLS000001 WASTE DISCHARGE REQ[TIRE MM (MS) FOR DL%CMARGES OF SMM WATER. ASSOCIAM WITS IMUSTRIAL ALTIVIrIE:S EXCLUDING COBSnUCTIM ALTIMM The State Water Board finds that: 1. Federal regulations for storm water discharges were issued by the U.S. Environmental Protection Agency on November 16, 1990 (40 Code of Federal Regulations (CFR) Parts 122, 123, and 124). The regulations require specific categories of facilities, which discharge storm water associated with industrial activity (storm water), to obtain a NPDES permit and to implement Best Available Technology Economically Achievable (BAT) and Beat Conventional Pollutant Control Technology (BCT) to reduce or eliminate industrial storm water pollution. 2. This general permit shall regulate discharges of storm Hater from specific categories of industrial facilities identified in Attachment 1, excluding discharges covered by existing NPDES permits which already include provisions regulating discharges of storm water, discharges from construction activities, or discharges determined ineligible. for coverage by this general permit by the California Regional Water Quality Control Board's (Regional Water. Boards). Attachment 2 contains the addresses and telephone numbers of each Regional Water Board office. 3. All dischargers participating in group applications must either obtain coverage under this general permit or apply for an individual general permit by October 1, 1992. The State Water Board has elected not to accept USEPA's group application approach or to adopt general permits for industrial groups at this time. 4. This general permit does not preempt or supersede the authority of local agencies to prohibit, restrict, or control discharges of storm water to storm drain systems or other watercourses within their jurisdictions, as allowed by State and federal law. 5. To obtain authorization for continued and future storm water discharge pursuant to this general permit, owners, or operators when the owners does not operate the facility (dischargers), must submit a Notice of Intent (NOI) and appropriate fee to the State Water Board. Dischargers who submit a HOI and appropriate fee are authorized to discharge storm water under the terms and conditions of this general permit. 6. If an individual NPDES general permit is issued to a discharger otherwise subject to this general permit, or an alternative general permit is subsequently adopted which covers storm water discharges regulated by this general permit, the applicability of this general permit to such discharges is automatically terminated on the effective date of the individual general permit or the date of approval for coverage under the subsequent general permit. 7. Effluent limitations, and toxic and effluent standards established in Sections 208(b), 301, 302, 303(d), 304, 306, 307, and 403 of the Federal Clean Water Act (CWA), as amended, are applicable to storm water discharges regulated by this general permit. 8. This action to adopt a NPDES general permit is exempt from the provisions of the California Environmental Quality Act (Public Resources Code Section 21100, et seq.), in accordance With Section 13389 of the California Water Code. -2- 9. The State Water Board adopted the California Ocean Plan on March 229 1990, and the California Inland Surface Waters Plan and Enclosed Bays and Estuaries Plan on April 11, 1991. In addition, the Regional Water Boards have adopted and the State Water Board has approved Water Quality Control Plans (Basin Plans). Discharges regulated by this general permit must be in compliance with the water quality standards in these Plane, and subsequent amendments thereto. The State Water Board shall, by April 1996,'determine what further actions are appropriate to ensure that discharges subject to this general permit are in compliance with the numerical objectives in the Inland Surface Waters Plan and the Enclosed Bays and Estuaries Plan. 10. Federal regulations (40 CPR Subchapter N) establish numeric effluent limitations for storm water discharges from facilities in ten industrial categories. 11. For facilities which do not have established numeric effluent limitations for storm water discharges in 40 CPR Subchapter N, it is not feasible at this time to establish numeric effluent limitations. This is due to the large number of discharges and the complex nature of storm water discharges. 12. Implementation of the provisions of this general permit constitutes compliance with BAT/BCT requirements, and with requirements to achieve water quality standards. 13. Best Management Practices (BMPs) to control and abate the discharge of pollutants in storm water discharges are authorized where numeric effluent limits are infeasible and the BMPs are reasonably necessary to achieve compliance with effluent limitations or water quality standards. 14. Following adoption of this general permit, the Regional Water Boards shall enforce the provisions of this ganeral permit including the monitoring and reporting requirements. 15. Following public notice in accordance with State and Federal law and regulations, the State Water Board, in a public hearing held September 3, 1991, heard, considered, and responded to all comments pertaining to this general permit. 16: This Order is a NPDES general permit in compliance with Section 402 of the Clean Water Act and shall take effect upon adoption by the State Water Board. IT IS HEREBY ORDERED that all dischargers that file a NOI indicating their intention to be regulated under the provisions of this general permit shall comply with the following: A. DISCHARGE PROHIBITIONS: 1. Discharges of material other than storm water, which are not otherwise regulated by a NPDES permit, to a storm sewer system or waters of the nation are prohibited. 2. Storm water discharges for those facilities Listed in Category I of Attachment 1 of this general permit shall not exceed the numeric effluent limitations as specified in Federal Regulations (40 CFR Subchapter N). Dischargers subject to those regulations who do not have or are unable to obtain copies of the pertinent regulations from other sources (e.g., Government Printing Office) should contact the: State Water Resources Control Board Division of Water Quality P.O. Box 1977 Sacramento, CA 95812-1977 Attn: Storm Water Permitting Unit -3- 3. Storm water discharges shall not cause or threaten to cause pollution, contamination, or nuisance. 4. Storm water discharges regulated by this general permit shall not contain a hazardous substance equal to or in excess of a reportable quantity listed in 40 CFR Part 117 and/or 40 CFR Part 302. B. RECEIVING WATER LIMITATIONS: 1. Storm water discharges to any surface or ground water shall not adversely impact human health or the environment. 2. Storm water discharges shall not cause or contribute to a violation of any applicable water quality standards contained in the California Ocean Plan, Inland Surface Waters Plan, Enclosed Bays and Estuaries Plan, or the applicable Regional Water Boards' Basin Plan. C. PROVISIONS 1. All dischargers must submit an NOI and appropriate fee for each facility covered by this general permit in accordance with Attachment 3: Notice of Intent --General Instructions. 2. All dischargers must develop and implement a Storm Water Pollution Prevention Plan for each facility covered by this general permit in accordance with Section A: Storm Water Pollution Prevention Plan. 3. All dischargers must develop and implement a Monitoring and Reporting Program Plan for each facility covered by this general permit in accordance with Section B: Monitoring Program and Reporting Requirements. 4. Feedlots as defined in 40 CFR Part 412 that are in full compliance with Section 2560 to Section 2565, Title 23, California Code of Regulations (Chapter 15) will be in compliance with all effluent limitations and prohibitions contained in this general permit. Feedlots must comply with any Regional Water Board WDRs or NPDES general permit regulating their storm water discharge. Feedlots that comply with Chapter 15, however, must perform monitoring in compliance with the requirements of Provisions 5(c) and 16 of Section B: Monitoring Program and Reporting Requirements. 5. All dischargers must comply with the lawful requirements of'municipalities, counties, drainage districts, and other local agencies regarding discharges of storm water to storm drain systems or other water courses under their jurisdiction, including applicable requirements in municipal storm water management programs developed to comply with NPDES general permits issued by the Regional Water Boards to local agencies. 6. All dischargers must comply with the standard provisions and reporting requirements for each facility covered by this general permit contained in Section C: Standard Provisions. 7. This general permit will expire on November 19, 1996. Upon reissuance of the NPDES general permit by the State Water Board, the facilities subject to this reissued general permit are required to file a revised NOI. D. REGIONAL WATER BOARD AUTHORITIES 1. Following adoption of this general permit, Regional Water Boards shall: (a) Implement the provisions of this general permit, including, but not limited to, reviewing storm water pollution prevention plans, reviewing group monitoring plans, reviewing monitoring reports, conducting compliance inspections, and taking enforcement actions. -4- (b). Issue general permits as they deem appropriate to individual dischargers, categories of dischargers, or dischargers in a geographic area. Upon issuance of such general permits by a Regional Water Board, the affected dischargers shall no longer be regulated by this general permit. The new general permits may address additional storm water pollution prevention plan requirements, more stringent effluent limitations, or additional monitoring and reporting program requirements. 2. Regional Water Boards may provide guidance to dischargers on Storm Water Pollution Prevention Plan and Monitoring Program implementation. CERTIFICATION The undersigned, Administrative Assistant to the State Water Board, does hereby certify that the foregoing is a full, true, and correct copy of an order duly and regularly adopted at a meeting of the State Water Resources Control Board held on November 19, 1991 (as amended by Water Quality Order No. 92-12-DWQ). AYE: W. Don Maughan Edwin H. Finster Eliseo M. Samaniego John P. Caffrey' NO: None ABSENT: None ABSTAIN: None Maureen rchd Administrative Assistant to the Board -5 - Section A: STORM WATER POLLUTION PREVENTION PLAN 1. A storm water pollution prevention plan (SWPPP) shall be developed and implemented for each facility covered by this general permit. The SWPPP shall be designed to comply with BAT/BCT and be certified in accordance with the signatory requirements of Standard Provision C.9. For existing facilities (and new facilities beginning operations before October 1, 1992), a SWPPP shall be developed and implemented no later than October 1, 1992. For facilities beginning operations after October 1, 19929 a SWPPP shall be developed prior to submitting a NOI and implemented when the facility begins operations. The SWPPP shall be retained onsite and made available upon request of a representative of the Regional Water Board and/or local storm water management agency (local agency) which receives the storm water discharge. 2. The Regional Water Board and/or local agency may notify the discharger when the SWPPP does not most one or more of the minimum requirements of this Section. Within 30 days of notice, the discharger shall. submit a time schedule that meets the minimum requirements of this section to the Regional Water Board and/or local agency that requested the changes. After making the required changes, the discharger shall provide written certification that the changes have been made. 3. The discharger shall amend the SWPPP whenever there is a change in construction, operation, or maintenance which may effect the discharge of significant quantities of pollutants to surface water, ground waters, or the local agency's storm drain system. The SWPPP should also be amended if it is in violation of any conditions of this general permit, or has not achieved the general objectives of controlling pollutants in storm water discharges. 4. The SWPPP shall provide a description of potential sources which may be expected to add significant quantities of pollutants to storm water discharges, or which may result in nod -storm water discharges from the facility. The SWPPP shall include, at a minimum, the following items: a. A map extending approximately one-quarter mile beyond the property boundaries of the facility, showing: the facility, general topography surface water bodies (including known springs and wells), and the discharge point where the facility's storm water discharges to a municipal storm drain system or other water body. .The requirements of this paragraph may be included in the site map required under the following paragraph if appropriate. b. A site map showing: i. The storm water conveyance and discharge structures; ii. An outline of the storm water drainage areas for each storm water discharge point; iii. Paved areas and buildings; iv. Areas of pollutant contact, actual or potential; v. Location of existing storm water structural control measures (i.e., berms, coverings, etc.); vi. Surface water locations; vii. Areas of existing and potential soil erosion; and viii. Vehicle service areas. -6- . c. A narrative description of the followings L. Significant materials that have been treated, stored, disposed, spilled, or leaked in significant quantities in storm water discharge after November 19, 1988; ii. Materials, equipment, and vehicle management practices employed to minimize contact of significant materials with storm water discharge; iii. Material loading, unloading, and access areas; iv. Existing structural and non-structural control measures (if any) to reduce pollutants in storm water discharge; v. Industrial storm water discharge treatment facilities (if any); vi. Methods of on-site storage and disposal of significant materials; and vii. Outdoor storage, manufacturing, and processing activities including activities that generate significant quantities of dust or particulates. d. A list of pollutants that are likely to be present in storm water discharge in significant quantities, and an estimate of the annual quantities of these pollutants in storm water discharge. e. An estimate of the size of the facility (in acres or square feet), and the percent of the facility that has impervious areas (i.e., pavement, buildings, etc.). f. A list of significant spills or leaks of toxic or hazardous pollutants to storm water that have occurred after November 19, 1988. This shall include: L.. Toxic chemicals (listed in 40 CFR Part 372) that have been discharged to storm water as reported .on USEPA Form R. ii. Oil or hazardous substances in excess of reportable quantities (see 40 CFR Part 110, 117 or 302). g. A aummary of existing sampling data (if any) describing pollutants in storm water discharge. 5. The SWPPP shall describe the storm water management controls appropriate for the facility. The appropriate controls shall reflect identified potential sources of pollutants at the facility. The description of the storm water management controls shall include: a. Storm Water Pollution Prevention Personnel. Identify specific individuals (and job titles) who are responsible for developing, implementing, and revising the SWPPP. b. Preventive Maintenance. Preventive maintenance involves inspection and maintenance of storm water conveyance system devices (i.e., oil/water separators, catch basins, etc.) and inspection and testing of plant equipment and systems that could fail and result in discharges of pollutants to storm water. c. Good Housekeeping. Good housekeeping requires the maintenance of clean, orderly facility areas that discharge storm water. Material handling areas shall be inspected and cleaned to reduce the potential for pollutants to enter the storm water conveyance system. -7- d. Spill Prevention and Response. Identification of areas where significant materials can spill into or otherwise enter the storm water conveyance systems and their accompanying drainage points. Specific material handling procedures, storage requirements, and clean-up equipment and procedures should be identified, as appropriate. Internal reporting procedures for spills of significant materials shall be established. e. Storm Water Management Practices. Storm water management practices are practices other than those which control the source of pollutants. They include measures such as installing oil and grit separators, diverting storm water into retention basins, etc. Based on assessment of the potential of various sources to contribute pollutants to storm water discharges in significant quantities, additional storm water management practices to remove pollutants from storm water discharge shall be implemented. f. Erosion and Sediment Controls. The SWPPP shall identify measures to reduce sediment in storm water discharges. g. Employee Training. Employee training programs shall inform all personnel responsible for implementing the.SWPPP. Training should address spill response, good housekeeping, and material management practices. Periodic dates for training should be identified. h. Inspections. All inspections, visual observations and sampling as required by Section B, shall be done by trained personnel. A tracking or follow-up procedure shall be used to ensure appropriate response has been taken in response to these activities. 6. Non -storm water discharges to storm water conveyance systems shall be eliminated prior to implementation of this SWPPP. The SWPPP shall include a certification that non -storm water discharges have been eliminated and a description of any tests for the presence of non -storm water discharges, the methods used, the dates of the testing, and any onsite drainage points that were observed during the testing. Such certification may not always be feasible if the discharger a) must make significant structural changes to eliminate the discharge of non -storm water discharges to the industrial storm water conveyance system, or b) has applied for, but not yet received, an NPDES general permit for the non -storm water discharges.. In such cases, the discharger must notify the appropriate Regional Water Board prior to implementation of the SWPPP that non -storm water discharges cannot be eliminated. The notification shall include justification for a time extension and a schedule, subject to modification by the Regional Water Board, indicating when non -storm water discharges will be eliminated. In no case shall the elimination of non -storm water discharges exceed three years from the NOI submittal date. 7. The SWPPP may incorporate, by reference, .the appropriate elements of other program requirements (i.e., Spill Prevention Control and Countermeasures (SPCC) plans under Section 311 of the CWA, Beat Management Programs under 40 CPR 125.100, etc.). 8. The SWPPP is considered a report that shall be available to the public under Section 308(b) of the CWA. 9. The SWPPP shall include the signature and title of the person responsible for preparation of the SWPPP and include the date of initial preparation and each amendment, thereto. -g - (This page intended to be blank) Section Bs MONITORING PROGRAM AND REPORTING REQUIREMENTS [Note: This Section was modified by Order No. 92-12-DWQ adopted by the State Water Board on September 17, 1992.1 1. Implementation A monitoring program shall be developed and implemented for each facility covered by this general permit. It shall be certified in accordance with the signatory requirements contained in Standard Provision C.9. A description of the monitoring program shall be retained on site and made available upon request of a representative of the Regional Water Board and/or local agency which receives the storm water discharge. 2. Schedule For existing facilities (and new facilities beginning operations before January 1, 1993), a monitoring program must be developed and implemented no later than January 1, 1993. For facilities beginning operations after January 1, 1993, a monitoring program shall be developed and implemented concurrent with commencement of industrial activities. 3. Obiectives The monitoring program shall be developed and amended, when necessary, to meet the following objectives: a. Ensure that storm water discharges are in compliance with the Discharge Prohibitions, Effluent Limitations, and Receiving Water Limitations specified in this general permit. b. Ensure practices at the facility to control pollutants in storm water discharges are evaluated and revised to meet changing conditions. c. Aid in the implementation of the Storm Water Pollution Prevention Plan required by Section A of this' . general permit. d. Measure the effectiveness of beat management practices (BMPs) in removing pollutants in storm water discharge.' 4. General Recuirements for Monitorin¢ Programs The monitoring program shall contain: a. Rationale for selection of monitoring methods. b. Identification of the -analytical methods to detect pollutants in storm water discharge. c. Description of the sampling methods, sampling locations, and frequency of monitoring. d. A quality assurance/quality control program to assure that: i. All elements of the monitoring program are conducted; and ii. All monitoring is conducted by trained personnel. e. Procedures and schedules by which the effectiveness of the monitoring program in achieving the objectives above can be evaluated. -10- 5. Specific Requirements for Monitoring Programs The monitoring program shall document the elimination or reduction of specific pollutants, resulting from the implementation of the SWPPP required by Section A of this general permit. a. Annual Site Inspection Except for certain inactive mining operations (See Section B.8), all dischargers shall: L. Conduct a minimum annual inspection of the facility site to identify areas contributing to a storm water discharge associated with industrial activity and to evaluate whether measures to reduce pollutant loadings identified in the SWPPP are adequate and properly implemented in accordance with the terms of the general permit or Whether additional control measures are needed. A record of the annual inspection must include the date of the inspection, the individual(s) who performed the inspection, and the observations. ii. Certify, based on the annual site inspection, that the facility is in compliance with the requirements of this general permit and its SWPPP. The certification and inspection records must be signed and certified in accordance with Standard Provisions 9 and 10 of Section C of this general permit. Any noncompliance shall be reported in accordance with Section B.17. b. Dry Season Observations No less than twice during the dry season (May through September), all dischargers shall observe and/or test for the presence of non -storm water discharges at all storm water discharge locations. At minimum, all dischargers shall conduct visual observations of flows to determine the presence of stains, sludges, odors, and other abnormal conditions. Dye tests, TV line surveys, and/or analysis and validation of accurate piping schematics may be conducted if appropriate. Records shall be maintainedof the description of the method used, date of testing, locations observed, and test results. c. Wet Season Visual Observations During the wet season (October through April), all dischargers shall conduct visual observations of all storm water discharge locations during the first hour of one storm event per month that produces significant storm water dischargel/ to observe the presence of floating and suspended materials, oil and grease, discolorations, turbidity, and odor, etc. Feedlots (subject to federal effluent limitations guidelines in 40 CFR Part 412) that are is compliance with Sections 2560 to 2565, Article 6, Chapter 15, Title 23, California Code of Regulations, shall, instead, conduct monthly inspections of their containment facilities to detect leaks and ensure maintenance of adequate freeboard. d. Sampling and Analysis During the wet season (October through April), dischargers (unless exempted per Section B.9 below) shall collect and analyze samples of storm water discharge from at least one storm event during the 1992/93 wet season and two storm events during each subsequent wet season which produce significant storm water discharge. The samples should be analyzed for: 1/ "Significant storm water discharge" is a continuous discharge of storm water for approximately one hour or more. t i Rj i. pH, total suspended solids (TSS), specific conductance, and total organic carbon (TOC). Oil and grease (06G) may be substituted for TOC; and ii. Toxic chemicals and other pollutants that are likely to be present in storm water discharge in significant quantities. 6. Toxic Pollutant Analysis Reduction Samples shall be analyzed for toxic chemicals and other pollutants as identified in Sections B.5.d.ii for at least two consecutive sampling events. If toxic chemicals or other pollutants are not detected in 4 significant quantities after two consecutive sampling events, the facility may eliminate that toxic chemical or pollutant from future sampling events. A discharger may analyze for alternative representative parameters (e.g., whole effluent toxicity) as a substitute for the toxic chemicals and other pollutants identified in Section B.S.d.ii as long as the discharger submits the alternative. monitoring procedures and justification to the appropriate Regional Water Board prior to use. Unless otherwise instructed by the Regional Water Hoard, dischargers may use the alternative monitoring procedures submitted. 7. Facilities Subject to Federal Storm Water Effluent Limitations 'Guidelines Facilities subject to federal storm water effluent limitations guidelines are defined in Attachment 1 of the general permit. In addition to the requirements in Section B.5 above, these facilities must collect and analyze samples of storm water discharge from at least one storm event during the 1992/93 vet season and two storm events during each subsequent wet season which produce significant storm water discharge. a.. Analyze for any pollutant specified in the appropriate category of 40 CFR Subchapter N; b. Estimate or calculate the volume of effluent discharged from each outfall; c. Estimate or calculate the mass of each regulated pollutant as defined in the appropriate category of 40 CFR Subchapter N; and d. Identify the individual(s) performing the estimates or calculations in accordance with Subsections b and c above. S. Inactive Mininst Operations Inactive mining operations are defined in Attachment 1 of this general permit. Where annual facility inspections, wet season visual observational dry season observations, and sampling as required by Section B.5 are impracticable, inactive mining operations may instead obtain certification once every three years by a Registered Professional Engineer that a SWPPP has been prepared for the facility and is being implemented in accordance with the requirements ofithis general permit. By means of these certifications, the engineer, having examined the facility and being familiar with the provisions of this general permit, shall attest to the SWPPP which has been prepared in accordance with good engineering practices. Dischargers which cannot obtain a certification because of noncompliance must notify the appropriate Regional Water Board and, upon request, the local agency which receives the storm water discharge in accordance with Section B.17. f -12- 9. Sampling and Analysis Exemntions A discharger is not required to collect and analyze samples in accordance with Section B.5.d if the discharger certifies that the facility meets all of the conditions set forth below in Section B.9.a, if the discharger obtains the local agency certification described in Section B.9.b, or if the discharger obtains a Regional Water Board exemption as described in Section B.9.d. A discharger who is not required to comply with Section B.5.d monitoring requirements is still required to comply with all other monitoring program and reporting requirements. If exempted from Section B.5.d monitoring requirements, dischargers subject to federal storm water effluent guidelines in 40 CPR Subchapter N must still comply with the provisions of Section B.7 above. a. Self -Certification The certification moat state that areas of industrial activity are not exposed to storm water, including manufacturing, processing, and material handling areas and areas where material handling equipment, raw materials, intermediate products, final products, waste materials, byproducts, and industrial machinery are stored. (See definition of "storm water associated with industrial activity" in Attachment 4 to this general permit.) Exposure includes both direct contact with storm water and the possible release of industrial pollutants into storm water (e.g., spills or leaks). In order to demonstrate that these areas are not exposed to storm water, the following minimum conditions must be met: i. All illicit (unpermitted) connections to the storm drainage system are eliminated; ii. AU materials must be completely contained at all times; iii. All unhoused equipment associated with industrial activity is not exposed to storm water; and iv: All emissions from stacks or air exhaust systems and emission of dust or particulates do not contribute significant quantities of pollutants to storm water discharge. b. Certification by Local Agency A local agency which has jurisdiction over the storm sewer system or other water course which receives storm water discharge from the discharger's facility has certified in writing that the discharger has developed and implemented an effective Storm Water Pollution Prevention Plan and should not be required to collect and analyze storm water samples -for pollutants. c. Submittal of Sampling Exemption Certifications Dischargers must submit,sampling exemption certifications to the appropriate Regional Water Board by December 1, 1992 for the 1992-93 wet season and by August 1 for subsequent years. Unless otherwise instructed by the Regional Water Boards, dischargers who file a sampling exemption certification are exempt from Section B.5.d. d. Exemptions by Regional Water Board A Regional Water Board may grant an exemption to Section B.5.d monitoring requirements if it determines that a discharger has developed and implemented an effective Storm Water Pollution Prevention Plan and should not be required to collect and analyze storm water samples for pollutants. -13- 10. Group Monitoring Group monitoring may be done in accordance with the following requirements: a. A group monitoring plan may be designed and implemented by an entity representing a similar group of dischargers (entity) regulated by this general permit -or by a- local agency which holds a NPDES general permit (local agency permittee) for a municipal separate storm sewer system. Participants in a group monitoring plan may discharge storm water within the boundaries of a single Regional Water Board or within the boundaries of multiple Regional Water Boards (with State Water Board approval). b. At least 20 percent of the dischargers who are members of a group (and at least 4 dischargers in a group of less than 20 dischargers) must collect and analyze samples in accordance with Section B.5.d. The entity or local agency permittee may request that fewer member dischargers be allowed to collect and analyze, but reasons for this exception must be stated in the group monitoring plan (Section B.10.e.v.). The entity or the local agency permittee shall select facilities from which samples are collected and analyzed which best represent the overall quality of the group members, storm water discharges. c. The entity or the local agency permittee must have the authority to levy fees against the participating dischargers in the group or be able to otherwise pay for the implementation of the group monitoring plan. d. The entity or the local agency permittee is responsible for: i. Developing and implementing the group monitoring plan; ii. Evaluating and reporting group monitoring data; iii. Recommending appropriate BMPs to reduce pollutants in storm water discharges; iv. Submitting a group monitoring plan to the appropriate Regional. Water Board(s) and State Water Board, no later than December 1, 1992 and August 1 in subsequent years; and v. Revising the group monitoring plan as instructed by the Regional Water Board or the State Water Board Executive Director. S. The group monitoring plan shall: i. Identify the participants of the group by name and location; ii. Include a narrative description summarizing the industrial activities of participants of the group and explain why the participants, as a whole, are sufficiently similar to be covered by a group monitoring plan; iii. Include a list of significant materials stored or exposed to storm water and material management, practices currently employed to diminish contact of these materials with storm water discharge; iv. Identify and describe why the facilities selected to perform sampling and analysis are representative of the group as a whole in terms of processes used or materials managed. To the extent possible, representative facilities with the most extended scheduled facility operating hours should be selected; -14- v. If an exception to the requirement that at least 20 percent of the dischargers in a group (and at least 4 dischargers in a group of less than 20 .dischargers) is requested, explain why such an exception is necessary, and how the proposed monitoring will be representative of the entire group; and vi. Contain all items specified in -Section -B.4 above f. Sampling and analysis must comply with the applicable requirements, including Sections B.5.d, B.6, B.7, and B.11 through 17. h. Unless otherwise instructed by the Regional Water Board or the State Water Board Executive Director, the group monitoring plan shall be implemented by January 1, 1993 and, in subsequent years, at the beginning of the wet season. i. Upon approval of the State Water Board Executive Director, a group may perform representative monitoring which includes dischargers within the boundaries of more than one Regional Water Board area. J. Upon approval by the appropriate Regional.Water Board, a group within a.single Regional Water Board area may perform representative monitoring. k. All dischargers participating in an approved group monitoring plan that have not been selected to perform sampling are required to comply with all other monitoring program and reporting requirements in Sections B.5.a, b, and c. 1. If any group includes members which are subject to federal storm water effluent limitations guidelines, each of those members must perform the monitoring described in Section B.7, and submit the results of the monitoring to the appropriate Regional Water Board in the discharger's annual monitoring report. 11. Sample Locations Samples shall be collected from all locations where storm water is discharged. Samples must represent the quality and quantity of storm water discharged from the facility. If a facility discharges storm water at multiple locations, the discharger may sample a reduced number of locations if it is established and documented in the monitoring program that storm water discharges from different locations are substantially identical. 12. Sampling Procedure Sampling shall consist of a grab sample from a storm event that produces significant storm water discharge that is preceded by at least three (3) working days of dry weather. The grab sample should be taken during the first thirty minutes of the discharge. If collection of the grab sample during the first 30 minutes is impracticable, the grab sample can be taken as soon as practicable thereafter, and the discharger shall explain in the annual monitoring report why the grab sample could not be taken in the first 30 minutes. A discharger may select alternative monitoring procedures (a.g., composite sampling) as long as the discharger has submitted the proposed procedures and justification to the appropriate Regional Water Board prior to use. Unless otherwise instructed by the Regional Water Board, dischargers may use the alternative monitoring procedures submitted. 552 13. Visual Observation and Sample Collection Exceptions a. When a discharger is unable to collect any of the required samples or perform visual observations due to adverse climatic conditions (drought, extended freeze, dangerous weather conditions, etc.), a description of why the sampling or visual observations could not be conducted, including documentation of all significant storm water discharge events, must be submitted along with the annual monitoring report. b. Dischargers are required to collect samples and perform visual observations only if significant storm water discharges commence during scheduled facility operating hours/, or within two hours following scheduled facility operating hours. Dischargers are required to perform visual observations only within daylight hours. If dischargers do not collect samples or perform visual observations during a significant storm water discharge due to these exceptions, the discharger shall include documentation in the annual monitoring report. 14. Standard Methods All sampling and sample preservation shall be in accordance with the current edition of "Standard Methods for the Examination of Water and Wastewater" (American Public Health Association). All monitoring instruments and equipment shall be calibrated and maintained in accordance, with manufacturers' specifications to ensure accurate measurements. All analyses must be conducted according to test procedures under 40 CFR Part 136, unless other test procedures have been specified in this general permit or by the Regional Water Board. All metals shall be reported as total metals. All analyses shall be conducted at a laboratory certified for such analyses by the State Department of Health Servicea. Dischargers may conduct their own laboratory analyses only if the discharger has sufficient capability (qualified employees, laboratory equipment, etc.) to adequately perform the test procedures. 15. Records Records of all storm water monitoring information and copies of all reports required by this general permit shall be retained for a period of at least five years from the date of the sample, observation, measurement, or report. These records shall include: a. The date, place, and time of site inspections, sampling, visual observations, and/or measurements; b. The individual(s) who performed the site inspections, sampling, visual observations, and/or measurements; c. Flow measurements or estimates (if required); d. The date and time of analyses; e. The individual(s) who performed the analyses; 2/ "Scheduled facility operating hours" are the time periods when the facility is staffed to conduct any function related to industrial activity, including routine maintenance, but excluding time periods where only emergency response, security, and/or janitorial services are performed. -16- f. The analytical techniques or methods used and the results of such analyses; g. Quality assurance/quality control results; h. Dry season observations and wet season visual observation records (see Sections B.S.b 6 c); i. Visual observation and sample collection exception records (see Section B.13); J. All calibration and maintenance records of on-site instruments used; and k. All original strip chart recordings for continuous monitoring instrumentation. 16; Annual Report All dischargers shall submit an annual report by July 1 of each year to the Executive Officer of the Regional Water Board responsible for the area in which the facility is located and to the local agency (if requested). The report shall include a summary of visual observations and sampling results, the certification required is Section B.S.a.ii, and information as required in Section B.13. The report shall be signed and certified is accordance with Standard Provisions 9 and 10 of Section C of this general permit. The first report will be due July 1, 1993. 17. Noncompliance Reportin¢ Dischargers who cannot certify compliance in accordance with Section B.16 above and/or who have had other instances of noncompliance must notify the appropriate Regional Water Board and/or, upon request, the local agency that receives the storm water drainage. The notifications shall identify the type(s) of noncompliance, describe the actions necessary to achieve compliance, and include a time schedule, subject to the modifications by the Regional Water Board, indicating when compliance will be achieved. Noncompliance notifications must be submitted within 30 days of identification of noncompliance. -17 - Section C: STANDARD PROVISIONS 1. Duty to Comply The discharger must comply with all of the conditions of this general permit. Any general permit noncompliance constitutes a violation of the Clean Water Act and the Porter -Cologne Water Quality Control Act and is grounds for enforcement action; for general permit termination, revocation and reissuence, or modification; or denial of a general permit renewal application. The discharger shall comply with effluent standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if this general permit has not yet been modified to incorporate the requirement. 2. General Permit Actions This general permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the discharger for a general permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any general permit condition. If any toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is promulgated under Section 307(a) of the Clean Water Act for a toxic pollutant which is present in the discharge and that standard or prohibition is more stringent than any limitation on the pollutant in this general permit, this general permit shall be modified, or revoked and reissued to conform to the toxic effluent standard or prohibition, and the discharger so notified. 3. Need to Halt or Reduce Activity Not a Defense It shall not be a defense for a discharger in an enforcement action that it would have been necessary to halt or reduce the general permitted activity in order to maintain compliance with the conditions of this general permit. 4. Duty to Mitigate The discharger shall take all responsible steps to minimize or prevent any discharge in violation of this general permit which has a reasonable likelihood of adversely affecting human health or the environment. 5. Proper Operation and Maintenance The discharger shall at all times properly operate and maintain any facilities and systems of treatment and control (and related appurtenances) which are installed or used by the discharger to achieve compliance with the conditions of this general permit and with the requirements of storm water pollution prevention plans. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. Proper operation and maintenance may require the operation of backup or auxiliary facilities or similar systema, installed by a discharger when necessary to achieve compliance with the conditions of this general permit. 6. Property Rights This general permit does not convey any property rights of any sort, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State, or local laws or regulations. -18- 7. Duty to Provide Information The discharger shall furnish the Regional Water Board, State Water Board, USEPA, or local storm water management agency within a reasonable time specified by the agencies, any requested information to determine compliance with this general permit. The discharger shall also furnish, upon request, copies of records required to be kept by this general permit. 8. Inspection and'Entry The discharger shall allow the Regional Water Board, State Water Board, USEPA, and local storm water management agency upon the presentation•of credentials and other documents as may be required by law, to: a. Enter upon the discharger's premises where a regulated facility or activity is located or conducted or where records must be kept under the conditions of this general permit; b. Have access to and copy at reasonable times, any records that must be kept under the conditions of this general permit; c. Inspect at reasonable times any facilities or equipment (including monitoring and control equipment) that are related to or may impact storm water discharge; and d. Sample or monitor at reasonable times for the purpose of ensuring general permit compliance. 9. Signatory Requirements a. All Notices of Intent submitted to the State Water Board shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this section, a responsible corporate officer means: (1) a president, secretary, treasurer, or vice-president. of the corporation in -charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or (2) the manager of the facility if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures; (2) For a partnership or sole proprietorships by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. The principal executive officer of a Federal agency includes the chief executive officer of the agency, or the senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g. Regional Administrators of USEPA). b. All reports, certification,'or other information required by the general permit or requested by the Regional Water Board, State Water Board, USEPA, or local storm water management agency shall be signed by a person described above or by a duly authorized representative.. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above and retained as part of the Storm Water Pollution Prevention Plan. -19- (2) The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of manager, operator, superintendent, or position of equivalent responsibility or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.) (3) If an authorization is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization must be attached to the Storm Water Pollution Prevention Plan prior to submittal of any reports, certifications; or information signed by the authorized representative. 10. Certification Any person signing documents under Provision 9 shall make the following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the :fnformatioa, the information submitted, is, to the beat of my knowledge and belief, true, accurate, and complete. I am aware that there are significant Penalties for submitting false information, including the possibility.of fine and imprisonment for knowing violations." 11. Reporting Requirements a. Planned changes: The discharger shall give notice to the Regional Water Board and local storm water managemsat agency as soon as possible of any planned physical alteration or.additions to the general permitted facility. Notice is required under this provision only when the alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. b. Anticipated noncompliance: The discharger will give advance notice to the Regional Water Board and local storm water management agency of any planned changes in the permitted facility or activity which may result in noncompliance with general permit requirements. c. Compliance schedules: Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this general permit shall be submitted no later than 14 days following each schedule date. d. Noncompliance reporting: The discharger shall report any noncompliance at the time monitoring reports are submitted. The written submission shall contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and times and, if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance. 12. Oil and Hazardous Substance Liability Nothing in this general permit shall be construed to preclude the institution of any legal action or relieve the discharger from any responsibilities, liabilities, or penalties to which the discharger is or may be subject under Section 311 of the CWA. r *. -20- 13. Severability The provisions of this general permit are severable, and if any provision of this general permit, or the application of any provision of this general permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this general permit shall not be affected thereby. 14. Reopener Clause (modified'by Order No. 92-12-DWQ, September 1992) This general permit may be modified, revoked, and reissued, or terminated for cause due. to promulgation of amended regulations, receipt of USEPA guidance concerning regulated activities, judicial decision, or in accordance with 40 CFR 122.62, 122.63, 122.64, and 124.5. 15. Penalties for Violations of General Permit Conditions. a. Section 309 of the CWA provides significant penalties for any person who violates a general permit condition implementing Sections 301, 3029 306, 307 308, 318, or 4O5•of the CWA, or any general permit condition or limitation implementing any such section in a general permit issued under Section 402. Any person who violates any general permit condition of this general permit is subject to a civil penalty not to exceed $25,000 per day of such violation, as well as any other appropriate sanction provided by Section 309 of the CWA. . b. The Porter -Cologne Water Quality Control Act also provides for civil and criminal penalties, in some cases greater than those under the CWA. 16. Availability A copy of this general permit shall be maintained at the discharge facility and be available at all times to operating personnel. 17. Transfers This general permit is not transferable to any person. A new owner or operator of an existing facility must submit a NOI in accordance with the requirements of this general permit to be authorized to discharge under this general permit. 18. Continuation of Expired General Permit This general permit continues in force and effect until a new general permit is issued or the State Water Board rescinds the general permit. Only those dischargers authorized to discharge under the expiring general permit are covered by the continued general permit. 19. Penalties for Falsification of Reports Section 309(c)(4) of the CWA provides that any person who knowingly makes any false material statement, representation, or certification in any record or other document submitted or required to be maintained under this general permit, including reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 or by imprisonment for not more than two years, or by both. ATTACHMENT 1 FACILITIES COVERED BY THIS GENERAL PERMIT Industrial facilities include Federal, State, municipally owned, and private facilities from the following categories: 1. FACILITIES SUBJECT TO STORM WATER EFFLUENT LIMITATIONS GUIDELINES, NEW SOURCE PERFORMANCE STANDARDS, OR TORIC POLLUTANT EFFLUENT STANDARDS' (40 CFR'SUBCHAPTER N). Currently, categories of facilities subject to storm water effluent limitations guidelines are Cement Manufacturing (40 CFR Part 411), Feedlots (40 CFR Part 412), Fertilizer Manufacturing (40 CFR Part 418), Petroleum Refining (40 CFR Part 419), Phosphate Manufacturing (40 CFR Part 422), Steam Electric (40 CFR Part 423), Coal Mining (40 CFR Part 434), Mineral Mining and Processing (40 CFR Part 436), Ore Mining and Dressing (40 CFR Part 440), and Asphalt Emulsion (40 CFR Part 443). The fact sheet accompanying this general permit contains additional information pertaining to facilities subject to new source performance standards or toxic pollutant effluent standards. 2. MANUFACTURING FACILITIES: Standard Industrial Classifications (SICs) 24 (except 2411 and 2434), 26 (except 265 and 267), 28 (except 283 and 285) 29, 311, 32 (except 323), 339 3441, and 373. 3. OIL AND GAS/MINING FACILITIESt SICs 10 through 14 including active or inactive mining operations (except for areas of coal mining operations meeting the definition of a reclamation area under 40 CFR 434.11(1) because of performance bond issued to the facility by the appropriate Surface Mining Control and Reclamation Act (SMCRA) authority has been released, or except for area of non -coal mining operations which have been released from applicable State or Federal reclamation requirements after December 17, 1990) and oil and gas exploration, production, processing, or treatment operations, or transmission facilities that discharge stormwater contaminated by contact with or that has come into contact with any overburden, raw material, intermediate products, finished products, by-products, or waste products located on the site of such operations. Inactive mining -operations are mined sites that are not being actively mined, but which have an identifiable owner/operator. Inactive mining sites do not include sites where mining claims are being maintained prior to disturbances associated with the extraction, beneficiation, or processing of mined material, or sites where minimal activities are undertaken for the sole purpose of maintaining a mining claim. 4. HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITIES: Includes those operating under interim status or a general permit under Subtitle C of the federal Resource Conservation and Recovery Act (RCRA). 5. LANDFILLS, LAND APPLICATION SITES, AND OPEN DUMPS: Sites that receive or have received industrial waste from any of the facilities covered by this general permit, sites subject to regulation under Subtitle D of RCRA, and sites that have accepted wastes from construction activities (construction activities include any clearing, grading, or excavation that results in disturbance of five acres or more). 6. RECYCLING FACILITIES: SICs 5015 and 5093. These codes include metal scrapyards, battery reclaimers, salvage yards, motor vehicle diamantlers and wreckers, and recycling facilities that are engaged in assembling, breaking up, sorting, and wholesale distribution of scrap and waste material such as bottles, wastepaper, textile wastes, oil waste, etc. 7. STEAM ELECTRIC POWER GENERATING FACILITIES: Includes any facility that generates steam for electric power through the combustion of coal, oil, wood, etc. 8. TRANSPORTATION FACILITIES: SICs 40, 41, 42 (except 4221-25), 43, 44, 45, and 5171 which have vehicle maintenance shops, equipment cleaning operations, or airport deicing operations. Only those portions of the facility involved in vehicle maintenance (including vehicle rehabilitation, mechanical repairs, painting, fueling, and lubrication) or other operations identified herein that are associated with industrial activity. -2- 9. SEWAGE OR WASTEWATER TREATMENT WORKS: Facilities used in the storage, treatment, recycling, and reclamation of municipal or domestic sewage, including land dedicated to the disposal of sewage sludge that are located within the confines of the facility, with a design flow of one million gallons per day or more, or required to have an approved pretreatment program under 40 CFR Part 403. Not 'included are farm lands, domestic gardens, or lands used for sludge management where sludge is beneficially reused and which are not physically located in the confines of the facility, or areas that are in compliance with Section 405 of the CWA. 11. MANUFACTURING FACILITIES WHERE MATERIALS ARE EXPOSED TO STORM WATER: SICs 20, 21, 22, 23, 2434, 25, 265, 267, 27, 283, 285, 30, 31 (except 311), 323, 34 (except 3441), 35, 36, 37 '(except 373), 38, 39, and 4221-4225. Note: Category 109 Construction activity, is covered by a separate general permit. spring valley minerals, inc. one tabor center • suite 2500 (303) 623-8317 1200 seventeenth street • denver, colorado 80202 twx 910-931-2561 October 26, 1993 VIA FEDERAL EXPRESS OCT .29'93 State Water Resource Control Board AS Division of Water Quality �s - Attention: Storm Water Permit Unit ('---- Paul Bonderson Building -- 901 "P" Street Sacramento, California 95814 L- Re: Notice of Intent - Cherokee Mine General Storm Water Permit Enclosed herewith for filing is the Notice of Intent for General Storm Water Permit for the Cherokee Mine, and our check in the amount of $500.00 for the filing fee. In the event you need any further information to process this Notice of Intent, please contact me at your convenience. Very truly yours, Rich A. Munson Corporate Counsel /nak Enclosure cc: Ron Dykstra, California Regional Water Quality Control Board Cook, Barnhart -Brown & Assoc. ILETTENSINO TICEOFPREMT-CHEROKE•SPHING V tLL.NAK . ,, State of California State Water Resources Control Board NOTICE OF INTENT TO COMPLY WITH THE TERMS OF THE GENERAL PERMIT TO DISCHARGE STORM WATER ASSOCIATED WITH INDUSTRIAL ACTIVITY (WO Order Nos. (91-13-DWO & 92-12-DWO ) (Excluding Construction Activities) MARK ONLY 1. ® Existing Facility ONE rTEM 2 ❑ New FadGty I. OWNER/OPERATOR Name Spring valley Minerals I I I 1 1 1 1 1 Mailing Address 3. ❑ Change of Information WDID ♦ I 1 1 1 1 1 1 1 1 1 1 1 One Tabor Center -1200 17th St. Ste. 250 1 . City to zip 11 I I I I I I I I II Go Contact Person Richard A. Munson II. FACILITY/SITE INFORMATIO Facility Name Street Address City State CIA III. BILLING ADDRESS Send to: Name ® OWNER/OPERATOR ArN L I V Mailing Address 0 C3 FACILITY ❑ OTHER (Enter information at right) icily Denver IV. RECEIVING WATER INFORMATION Minerals. A. Owner/Operator Type (Check one) 1. ❑ City 2. ❑ County 3. ❑ State 4. ❑ Federal 5. ❑ Special District 6. ❑ Gov. Combo 7. ® Private Phone B. 1. © Owner 2. C1 Operator 3. ❑ Owner/Operator County Butte Count Contact Person Phone —I I I_ I I 11 1-1 1 1 bar Center -1200 17th St., Ste 2500 State Zip A. Does your construction site's storm water discharge to (Check one) 1. ❑ Storm drain system -Enter system owners name I I I I I 1 1 1 1 I 1 I I I I I I I 2. ❑ Directly to waters of U.S. (e.g., river, lake, creek, ocean) 3. ® Indirectly to waters of U.S. B. Name of closest receiving water Dry Creek to Butte Creet to Butte Sink to Sacramento River STATE USE ONLY 1 (10/15/92) ( �J State of California \` / ��,o. _, State Water Resources Control Board NOTICE OF INTENT TO COMPLY WITH THE TERMS OF THE i GENERAL PERMIT TO DISCHARGE STORM WATE IryY ASSOCIATED WITH INDUSTRIAL ACTIVITY (WO Order Nos. 91-13-DWO s -12-DW (Excluding Construction Activities) MARK ONLY 1. ® Existing Facility ONE [TEM 2 ❑ New Facility I. OWNER/OPERATOR Name Spring Balle Minerals Mailing Address One Tabor Center -1 City Contact Person Richard A. Munson II. FACILITY/SITE INFORMATION Facility Name 1 1 1 1 ICherokee Mine l I I Street Address 12, Sf 01 I CI T IRM KIF1iE1 I City 91P40it)II ILiIiEi , III. BILLING ADDRESS 3. ❑ Change of Information WDID R l I Ili III I 1 I I A. Owner/Operator Type (Check one) 1. Cl Ciry 2. ❑ County 3. ❑ State 4. ❑ Federal 17th S t . Ste. 2350 5. ❑ Special District 6. ❑ Gov. Combo 7. ® Private IStatel Zip Phone Send to: Name ® OWNER/OPERATOR I 1S-1 1 ❑ FACILITY Mailing Address ❑ OTHER (Enter information at right) City Denver IV. RECEIVING WATER INFORMATION B. 1. 0 Owner 2. ❑ Operator 3. ❑ Owner/Operator County Butte Count Contact Person MR. �2 Mtzs Df t_ lLlpas State Zip Phone C A y S9 6__ I I f 91/ Ibl_is 3,4,_,3,9,0 2 ley. Minerals bar Center -1200 17th St., Ste 2350 State Zip A. Does your construction site's storm water discharge to (Check one) 1. ❑ Storm drain system - Enter system owners name I I I I I I I I I I I I I I I 2. ❑ Directly to waters of U.S. (e.g., river, lake, creek, ocean) 3. 60 Indirectly to waters of U.S. a B. Name of closest receiving water Dry Creek to Butte Creet to Butte Sink to Sacramento River STATE USE ONLY N01-1 (10/15/92) V,,- INDUSTRIAL INFORMATION A. SIC Code(s) 1. / D 2. B. Type of Business Former Mine Site 3. E= 4. C. Industria) activities at facility (Check all that apply) 1.0 Manufacturing 2.0 Vehicle Maintenance 3.0 Hazardous Waste Treatment, Storage, or Disposal Facility (RCRA Subtitle C 4.0 Material Storage 5.0 Vehicle Storage 6.0 Material Handling 7.0 Wastewater Treatment 8.0 Power Generation 9.0 Recycling 10.0 landfill 99.0 Other: VI. MATERIAL HANDLING/MANAGEMENT PRACTICES' A. Types of materials handled and/or stored outdoors (Check all that apply) 1.0 Solvents 2.0 Scrap Metal 3.0 Petroleum Products 4.0 Plating Products 5.0 Pesticides 6.0 Hazardous Wastes 7.0 Paints 8.0 Wood Treating Products 99.0 Other (Please list) -NONE- B. Identify existing management practices employed to reduce pollutants in industrial scorn water discharges (Chsck all that apply) 1.0 Oil/Water Separator 2.0 Containment 3.0 Berms 4.0 Leachate Collection 5.0 Overhead Coverage 6.0 Recycling 7.0 Retention Facilities 8.0 Chemical Treatment 99.0 Other (Please list) NONE SETFL,ING 1 I I_ 1 1 1 1 1 1 1 r r I I I I I I� ...: CONTAINMENT PROPOSED Vfl. FACILITY INFORMATION A- Total size of site (Check one) t 1 1 t 191 ! ® A«es 0 Sq. B. Percent of site impervious (Including rooftops) VIII. REGULATORY STATUS (Check all that apply) A. ® Regulated by Storm water B. 0 Waste Discharge Requirements C. 0 NPDES Permit Effluent Guidelines (40 CFR Subchapter N) (Order Number) CA D. Cl RCRA-Permit E. 0 Regulated by.Califomia Code of Regulations Article 6, Chapter 15 (Feedlots). Number . . . . . . . . IX. CERTIFICATION "I certify under penalty of law that this document and all attachments were prepared under my direction and supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment." In addition, I certify that the provisions of the permit, including the development and implementation of a Storm Water Pollution Prevention Plan and a Monitoring Program Plan, will be complied with. Printed Name: Richard'( A. Munson n /) Signature: Title: Corpornte Couns FOR0085R4 Date:'U �5 Cfj t. N0I-1 0 0/15/92) WAf LAKE SH,fSr,4 amER /RESER✓O/R / ) J r,ff oP Mea lTown/ OF Ps1RA0/SE IL OROV/Ll SPRING VALLEY MINERALS CHEROKEE MINE w /•� C/rY of manta ( �Ile o jPl�.•! S33 LATEKAL "E' O 'E-7 �' -- GITY of BRIDLE`( MOUL'foNt 633 LATeKAL wIER � D UTT��__; I N K�- f coL,vSA ) WISIZ � X,<> ION MAP SPRING VALLEY MINERALS inc_ Cherokee Mine A \\ • `` ,���Milk �M _ _ All/ S S D �.I•�' (� 1 !1 �W^•\rte.. _�..� � -a/� '\ 1`ft n z-;=`_ — — :mow' I� i�• h \ �, z a H � W � H � rW � V � w O a A � c� PN CL o �I J v 'ro 4 J C - a n L a� 0 v O Z E IStlnf_ Q OO G 0 0 0 .o F�) =`..: BARNHART -BROWN & ASSOCIATE Alan Brown, w— CIVIL ENGINEERS LAND SURVEYORS • • November 16, 1993 Bill Chef Director of Public Works County of Butte 7 County Center Drive Oroville Ca 95965 RE: Spring Valley Minerals, Inc. .Storm Water Pollution Prevention Project State Water Resources Control Board -site specific "General Permit" No. 5A04S010742 Old Cherokee Mine location Dear Bill; Please accept this -letter as a request to waive any need for the issuance of a Butte County Grading permit covering the subject project. The work is covered by the Water Resource Control Board Permit issued to facilitate compliance with the Waste Discharge Requirements issued by the Regional Water Quality Control Board. Over the last weeks I have has several discussions with your staff regarding the need or the lack of need for Spring Valley Minerals, Inc to obtain a grading permit. It would appear that this proposed Project is out of the ordinary in that the Regional Water Quality Control Board, Region 5 has issued a Notice of Violation on the basic Waste Discharge Permit/Requirements as a result of the storm water run off from the properties during the storms of February 1993. See the attached notice. The- Water Resources Control Board has issued a permit to accomplish the work per the attached Storm Water Pollution Prevention Plan. The "Plan" has been converted to a."Project at this time, for which the construction bids were received yesterday. See the attached Bid Summary and the project'.contract documents. The location of the work is. around the "Glory Hole" that was the discharge port for the Cherokee Hydraulic Mine operations at the turn of the Century, however there is no mining operation occurring or having occurred for many years. No mining plan, ' reclamation plan or mining use permit apply to the property at this time. 4060 Park Ave. P.O. Box 1576 Oroville, CA 95965 (916)534-1911 (916)533-6457 FAX (916) 534-0908 File No. BUTTE COUNTY (For Action 1,2,3) , Public Works De artme t (For infcT!ation ✓) Director Deputy Director Secretary Rd. & Br. Mtce. Shop & Yard Bldg. Insp. Admin. Design Engineer Road Design Bridge Engineer Const. Engineer Surveys Mapping Solid Waste Transportation Permits Addressing f Bill Cheff November 16, 1993 Spring Valley Minerals page 2 Your early consideration of this requested waiver would be greatly appreciated. Very truly yours, T -BROWN & ASSOCIATES Dan J, Cook Civil Engineer DC/tm . 93-030 wp. Cheff.N16 t i SPRING VALLEY MINERALS Inc Cherokee Storm Water Pollution Prevention Proiect -- Gela a 1 Permi t No _ 5A04S01 0 742 -- BID SUMMARY November 15, 1993 3:00 pm ITEM ESTIMATE Engineer's Ledger Fairbanks Sears NO QUANTITY DESCRIPTION estimate Jim Reed Site "A" 1 LS Develop Access Road 2 LS Clear & Grub 3 4290 CY Embankment 4 360 SY Rock Facing 5 780 LF Chain Link Fence 6 LS Finish & Clean up Sub Total Site "A".. Site "B" 1 LS Develop Access Road 2 LS Clear & Grub 3 385 CY Embankment 4 LS Discharge Structure 5 LS Finish & Clean up $1,000 1,875 750 1320 800 400 $35,850 $500 26,887.50 375 47,.055 1,320 1,000 29,465 280 750 3000 3500 Repair Discharge Pipe 840 400 1,540 1,155 21,450 3,850 16,087.50 23,595 15,015 1,875 3,670 1 2,000 2,880 1,125 2,160 3.240 2,340 200 a 7,020 5,265 8,580 7,410 2,500 1,875 $700 7,320 1,320 400 $35,850 $500 26,887.50 375 47,.055 1,320 1,500 29,465 280 500 1,800 375 Repair Discharge Pipe 840 400 1,540 1,155 1,800 3,850 Finish & Clean Up 1,925 2,500 1,875 3,670 2,000 1,500 1,125 5,260 4,840 4,460 200 Sub Total Site "B"....> $6,540 _4,905 1.4,520 4,805 Site "C" 1 LS Develop Access Road $700 525 1,320 560 2 LS Remove Dam Vegetation 2,000 1,500 780 1,800 3 LS Repair Discharge Pipe 1,500 1,125 J 410 1,800 4 LS Finish & Clean Up 1,000 750 1,750 300 Sub total Site "C"...> $5,200 3,900 5,260 4,460 TOTAL BID ALL SITES $,47,590 35,692.50 66,835 38,730 -NOV. -16' 93(TUE) 09:49 RIGH A MUNSON ESQ. sTA7E OF CALIFORNIA • CALIFORNIA ENVIRONMENTAL PROTECT STATE WATER RESOURCES CONTROL BOAF PAUL R.13ONDERSON 13UILDING 901 P STREET P. O. BOX 100 SACRAMENTO. CALIFORNIA 85912-0100 RICHARD A MUNSON SPRING VALLEY MINERALS ONE TABOR CENTER -1200 17TH ST DENVER CO 80202 STATUS OF YOUR NOTICE OF INTENT TEL:303 534 0726 (916) 657-1146 ' NOV FAX: (916)657-2388 N L November 10, 1993 P. 002 A F7CE Your receipt of this letter is acknowledgement of your registration as a general permittee according to the information you submitted on your Notice of Intent to. Comply with the terms of the General Permit. FACILITY DESCRIPTION Owner: SPRING VALLEY MINERALS Facility: CHEROKEE MINE Facility Address: 250 CHEROKEE RD City: ORVILLE County: BUTTE Type of Business: MINE SITE Your WDID identification number is 5A04S010742. Please use this number in any future communications with the State Water Resources Control Board or appropriate Regional water Quality control Board regarding this permit. Dischargers are required to resubmit an amended NOI to reflect a change in owner/operator or operational status. Upon notification to the State Water Board that your facility is no longer operational or is no longer to be covered by the General Permit, it Will be removed from the roll of general permittees. Unless notified that a facility is no longer to be.covered under the General. Permit, you will continue to be invoiced for an annual fee. if you have any questions regarding permit requirements, please call the Regional Water Quality Control Board at (916)224-4845. S' cerely, Archie'H. Matthews, Chief Regulatory Section Division of Water Quality TE OF __MN CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD— CENTRAL VALLEY REGION SHASTA CASCADE WATERSHED BRANCH OFFICE: 415 KNOLLCREST DRIVE REDOING. CA 96002 PHONE: (916) 224.4845 FAX: (916)224.4857 12 March 1993 RECO MAR 15 1993 Mr. Daniel K. Newell Spring Valley Minerals One Tabor Center 1200 Seventeenth Street - Suite 2500 Denver, CO 80202 VIOLATION OF WASTE DISCHARGE REQUIREMENTS, CHEROKEE MINE, INSPECTION OF 13 FEBRUARY 1993, BUTTE COUNTY Attached for your information is a copy of an inspection memorandum regarding a site visit to your mine on 13 February 1993. The inspection revealed a violation of waste discharge requirements. Substantial amounts of turbidity and suspended solids are being discharged to saw mill ravine from previous mining operations on your property. This sediment discharge is caused by the fact that there isa large amount of exposed material from previous placer mining operations. In addition, the on- site sedimentation ponds are nearly or completely.filled with sediment, therefore rendering them practically useless. Your discharge requirements read in part: "B. Discharge Specifications: I. Neither the treatment nor the discharge shall cause a pollution or nuisance as defined by the California Water Code, Section 13050." "4. All earth cuts and fills shall be compacted to minimize slumping. Sub -drains shall be installed where necessary under all fills to prevent hydrostatic slumping. Exposed soil shall be revegetated by natural or artificial means as necessary to prevent sheet, rill, and/or gully erosion. 5. The modification of surface drainage patterns shall not cause accelerated erosion." The above noted problems are a violation of these requirements. MR. DANIEL K. NEWELL -2- 12 March 1993 correct this Please submit a plan to this office by 15 April 1993, regarding your plans to violation questions, pleasecontact Ronald discharge Dykstraofemy�stafftat (916) 224-4858,)yor the above address. /ennis C. Wilson, Chief Regulatory Unit RSD:tch cc: Mr. Gayland'Taylor, Department of Fish and Game, Paradise Mr. Leonard Bussinbach, Department of Fish and Game, Oroville Mr. Tom Reid, Butte County Department of Environmental Health, Oroville spring valley minerals, inc. one tabor center • suite 2500 (303) 623-8317 1200 seventeenth street • denver, colorado 80202 twx 910-931-2561 October 26, 1993 VIA FEDERAL EXPRESS OCT,2 9 '93 State Water Resource Control Board A® Division of Water Quality Attention: Storm Water Permit Unit _ Paul Bonderson Building 901 "P" Street Sacramento, California 95814 (°W'' Re: Notice of Intent - Cherokee Mine General Storm Water Permit Enclosed herewith for filing is the Notice of Intent for General Storm Water Permit for the Cherokee Mine, and our check in the amount of $500.00 for the filing fee. In the event you need any further information to process this Notice of Intent, please contact me at your convenience. Very truly yours, Rich A. Munson Corporate Counsel /nak Enclosure cc: Ron Dykstra, California Regional Water Quality Control Board upu" Cook, Barnhart -Brown & Assoc. ILETTERSINOTICEOFINTENT-CHEROKE-SPRINGVAL.NAK M State of California State Water Resources Control Board NOTICE OF INTENT TO COMPLY WITH THE TERMS OF THE GENERAL PERMIT TO DISCHARGE STORM WATER ASSOCIATED WITH INDUSTRIAL ACTIVITY (WO Order Nos. (91-13-DWO & 92-12-DWO ) (Excluding Constriction Activities) MARK ONLY 1. ® Existing Fadlity ONE ITEM 2 ❑ New Facility I. OWNER/OPERATOR Name Spring valley Minerals Mailing Address One Tabor Center - city Denver Contact Person Richard A. Munson II. FACILITY/SITE INFORMATION' Facility Name Cherokee Mine 1 I 11 1 1 1 1 1 I I I I I Street Address III. BILLING ADDRESS 3. ❑ Change of Information WDfD i t I III IIIIIII A. Owner/Operator Type (Check one) 1. ❑ City 2. ❑ County 3. ❑ State 4. ❑ Federal 7th S t . Ste. 2500 S. ❑ Special District 6. ❑ Gov. Combo 7. ® Private I IStatel Zip I Phone Send to: Name ® OWNER/OPERATOR I I Sprin Mailing Address ❑ FACILITY ❑ OTHER (Enter information at right) I Crty Denver IV. RECEIVING WATER INFORMATION State Zip CIA I I—► I 1 1 I I I ►—I I I I-1 �I I I I Owner 2. ❑ Operator 3. ❑ Owner/Operator M County Butte Count Contact Person Phone 1 I 1-1 1 1 1 -1 I l . . alley, -Minerals. -1 t t t t 1 1 1 t 1 t 1 t t 1 1 1 1 I I ne Tabor Center -1200 17th St., Ste 2500 State Zip r. woes your construction site's storm water discharge to (Check one) I. Cl Storm drain system -Enter system owners name I I I I I I I I I I I I I I I I I I I I I I I I 2. ❑ Directly to waters of U.S. (e.g.. river, lake, creek; ocean) 3. ® Indirectly to waters of U.S. B. Name of closest receiving water Dry Creek to Butte Creet to Butte Sink to Sacramento River STATE USE ONLY N01-1 (1n/15/92) State of Califomiau cc ` State Water Resources Control Board NOTICE OF INTENT TO COMPLY WITH THE TERMS OF THE GENERAL PERMIT TO DISCHARGE STORM WATER C% ASSOCIATED WITH INDUSTRIAL ACTIVITY (WO Order Nos. 91-13-DWO & -12-DW (Excluding Construction Activities) MARK ONLY 1. ® Existing FadGty 3. ❑ Change of Information ONE ITEM 2❑ New FadGty WDID # t I I I I I I I I I I I I. OWNER/OPERATOR Name Spring Balley Minerals A. Owner/Operator Type (Check one) Mailing Address 1. Cl City 2. ❑ County 3. Cl State 4. ❑ Federal One Tabor Center -1200 17th St. Ste. 2350 5. ❑Special District 6. ❑Gov. Combo 7. ®Private city DenverSt to Zip 0202 Phone Contact Person Richard A. Munson B. 1. 0 Owner 2. C1 Operator 3. ❑Owner/Operator It. FACILITY/SITE INFORM4TION' T T Facility Name M Cherokee Mine County Butte Count Street Address 12,50 d g E R O K E Q p D Contact Person Ci MR. aiz M2s L7ft 14EaS ry State Zip Phone D_ 1 P40 Il I L L !: CIA y S9,�161-I 9,/ ,b,_,5, 34, _ 3.9.0 III. BILLING ADDRESS Send to: Name ® OWNER/OPERATOR Sprin C3 FACILITY Mailing Address ❑ OTHER (Enter information at right) City Denver IV. RECEIVING WATER INFORMATION Valley Minerals I I I I I 1 1 1 1 1 1 1 1 'I I I I I I I I One Tabor Center -1200 17th St., Ste 2350 State Zip A. Does your construction site's storm water discharge to (Check one) 1. Cl Storm drain system - Enter system owners name I I 1 1 2. ❑ Directly to waters of U.S. (e.g., river, lake, creek, ocean) 3. ® Indirectly to waters of U.S. B. Name of closest receiving water Dry Creek to Butte Creet to Butte Sink to Sacramento River . STATE USE ONLY 1 (10/15/92) V. INDUSTRIAL INFORMATION A. SIC Code(s) 1. / 2. [:= B. Type of Business Former Mine Site 3. E1= 4. FT_E7-J C. Industrial activities at facility (Check all that apply) 1.0 Manufacturing 2.0 Vehicle Maintenance 3.0 Hazardous Waste Treatment, Storage, or Disposal Facility (RCRA Subtitle 4.0 Material Storage 5.0 Vehicle Storage 6.0 Material Handling 7.0 Wastewater Treatment 8.0 Power Generation 9.0 Recycling 10.0 landfill 99.© Other. VI. MATERIAL HANDLING/MANAGEMENT PRACTICES A Types of materials handled and/or stored outdoors (Check all that apply) 1.0 Solvents 2.0 Scrap Metal 3.0 Petroleum Products 4.0 Plating Products 5.0 Pesticides 6.0 Hazardous Wastes 7.0 Paints 8:0 Wood Treating Products 99.0 Other (Please list) -NONE- B. Identify existing management practices employed to reduce pollutants in industrial storm water -discharges (Chec1 all that apply) 1.0 Oil/Water Separator 2.0 Containment 3.0 Berns 4.0 Leachate Collection 5.0 Overhead Coverage 6.0 Recycling 7.0 Retention Facilities 8.0 Chemical Treatment 99.0 Other (Please list) NONE SE FLING ... CONTAINMENT PROPOSED VII. FACILITY INFORMATION A Total size of site (Check one) B. Percent of site impervious (Including rooftops) I t t l t 950 t ® Acres 0 Sq. Ft Vill. REGULATORY STATUS (check all that apply) A ® Regulated by Storm water B. 0 Waste Discharge Requirements C. Cl NPDES Permit Effluent Guidelines (40 CFR Subchapter N) (Order Number) CA D. C3 RCRA Permit E. ❑ Regulated by.Califomia Code of Regulations Article 6, Chapter 15 (Feedlots). Number . . . . . . . . IX. CERTIFICATION "I certify under penalty of law that this document and all attachments were prepared under my direction and supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false,information, including the possibility of fine and imprisonment." In addition, I certify that the provisions of the permit, including the development and implementation of a Storm Water Pollution Prevention Plan and a Monitoring Program Plan, will be complied with. Printed Name: Richard A. Munson n /7 Signature: Title:_CornorafP Couns Foaooa5a4 Date: N0I-1 (1o/15/92j 0M LAKE 5fgASr,4 prXRie i / ";f " irowa/ of Ps�RAO/SE 7,`� SPRING VALLEY MINERALS ' CHEROKEE MINE w V� N MOUL'CON Meg co�vsa � WISK LAKE OROV/LL C/rY OF OK011111-E 033 LATERAL "E' � `E-7 G1T`i of l�RIVLE`( 633 LATeW- e� �. ,A MA�?'S✓/LLE LOCATION MAP SPRING VALLEY MINERALS inc. Cherokee Mine . 1._I�C.S{�.,,�y;:/..:::._.--�I�--t_'~__;�/Lb/.:_:Ir.l�_ IL1--�---1--'---}=�-�-`�.J� •-� ":. -E \.. -v r� y�;., � .��o- •i ..+- - a II}' �1,' �, a'J!�. { ` .{• I" Stdn Q �� � �• ., o' �� '• �q :. O l' ! �. -.. ` `` I I � I � I 1 1 \ BipBso•I •19 J .� �. 1 � � �a,le ;• � . �{ ,.. •' l ✓ G<� ;r':�,.11•rl l' "(. / / ��•'.� •,li„p ..$ /�1 J �•v--�� sn � � � V � • C� r ; ;'� -� ,I>_,; ,,._SII •,� 11�,/ ;�I,tt ,11 � r . , c..�o��, I � �, I fit W SDischarge Tunnel \� �''�. �1 I � i�� / — '1' rl%� - �� I / w v! I / O � •M o �... _�(� i. e 7.. _ � • / J I 1_ c Nrt _ `. � r• I J � �"p' r -moi 5( �1 S ..:�f�•v / 't t :�I J •'. �. .i , .mac ..'. �.1:' ' C <jr'. .: / - - I 8 V��: ^ -Ail ra R okp `� , � � j I , •'i .. •_ _`'_-.� ',.� - -I � i .� `_'_ ek i% r`t .','�if..':s.�{{ �- � � fn {- ` J °°c.—.,.. , 11 �(.7a _ ��� I �(/yl _- `.''- ti�-'- � Cce , c: •� - l _ _� _ � � ���t .� I �I./. I �` �I �ratr � {;c' 1{�/�I �'jt•� _� �' � v �t, ) O r��� Y � l N�>>(�I � Jp L_'l /a % %) (.)�� I'\ 'Varh. ti _./ . �/ 'FV•;,t" �•r,t;� � � ��• �`j �• � � � 'ti.'�,C� �5 �� , :���.o_f, ��.,/' I / ��/,•-('(<%; � � �/ 6aji' lPS•.�J' ` 5� , ,yrs :�{ l• I of � 8 14 voir 35pna�36 r f, 8 Z i ?,g�.." ,i t 3 / /{ I� � / I -- \' ��� • 8 �� (. °'i •', �yf � I • '� ',art • \`1 V1 I //1'-1�L-- ool�_ I•10 e --- -- ♦ , Rtt � 3- - a., o r. I� I `� t ji d • ��� i a Y e.r •• :FI R = :�^ :�• Je � � L� - _ 1. �.: _ / J re, `\ 9. *00 �'.° � is . � � : I • I I � •�-`.. 1. MX Pn• if* -��' DRA S.NAGE BAS I N SPRING VALLEY MINERALS Inc_ Cherokee Mine SPRING VALLE, 'VII `JERA L S Ch eroke e Min e S. W. P o P P. October 1999 Site „A „ wor.r Plan Vie w r— SN11;?g Poo/ water Surface E77760/7,677&171 S/ones J-1 1;7sI;7e & 1 oZIfsioe Runoff- Rock Slope Protection of Depressed Section _.__._._ _------- 00/ __00% �ii I -III I BBA Job No. 93030 Oct. 22. 1993' 2— Ct- c J LQ J .. I 0 6 SPRXMC3 Inc SPECIFICATIONS AND CONTRACT DOCUMENTS FOR CONSTRUCTION OF THE STORM WATER POLLUTION PREVENTION PROJECT BIDDING REQUIREMENTS PAGE INVITATION FOR BIDS...............................IB-1 INFORMATION FOR BIDDERS...........................IFB-1 PROPOSAL..........................................P-1 CONTRACT FORMS FORM OF AGREEMENT.................................FA-1 CONDITIONS OF THE CONTRACT GENERAL CONDITIONS................................GC-1 SPECIFICATIONS SPECIAL CONDITIONS................................SC-1 November 4, 1993 N i SPRING VALLEY M iNERALS , iri c SPECIFICATIONS AND CONTRACT DOCUMENTS FOR CONSTRUCTION OF THE STORM WATER POLLUTION PREVENTION PROJECT BIDDING REQUIREMENTS PAGE INVITATION FOR BIDS...............................IB-1 INFORMATION'FOR BIDDERS...........................IFB-1 PROPOSAL..........................................P-1 CONTRACT FORMS FORM OF AGREEMENT.................................FA-1 CONDITIONS OF THE CONTRACT GENERAL CONDITIONS................................GC-1 SPECIFICATIONS SPECIAL CONDITIONS................................SC-1 November 4, 1993 i INVITATION FOR BIDS Spring Valley Minerals Storm Water Pollution Prevention Plan Former Cherokee Mine Site Sealed bids for construction of Spring Valley Minerals, Former Cherokee Mine Site, will be received by the Engineer at the office of Barnhart -Brown & Associates, 2060 Park Avenue, Oroville, CA, until: 3:00 P.M. Monday November 15, 1993 at which time they will be publicly opened and read aloud. Contract Documents may be examined at the Barnhart -Brown. Copies of the Contract Documents may be obtained at the office of Barnhart -Brown & Associates, 2060 Park Avenue, Oroville, California 95966, for a non-refundable charge of $ 20 No Proposal will be accepted from a Contractor who has not been licensed in accordance with the provisions of Chapter 9, Division III, of the Business and Professions Code. The successful Bidder will be required to furnish appropriate insurance certificates as required by the General Conditions. No Bidder may withdraw. his bid within 30 calendar days after the actual date of opening thereof. If you have any questions regarding this Invitation For Bids, please contact Barnhart -Brown & Associates, 2060 Park Avenue, Oroville, California 95966, (916) 534-1911. IB -1 INFORMATION FOR BIDDERS Bids will be received by the Engineer at the office of Barnhart - Brown & Associates, 2060 Park Avenue, Oroville, CA 95966, until: 3:00 P.M. Monday November 15, 1993 at which time they will be opened and read aloud. Each bid must be submitted in a sealed envelope addressed to the Spring Valley Minerals, 2060 Park Avenue, Oroville, CA 95966,. Each sealed envelope containing a bid must be plainly marked on the outside as bid for: Spring Valley Minerals Storm Water Pollution Prevention Project and the envelope should bear on the outside the name of the bidder, his address, his license number and classification, and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed to Barnhart -Brown & Associates, 2060 Park Avenue, Oroville, CA 95966. All bids must be made on the required form furnished with the Contract Documents. All blank spaces for bid prices must be filled in, in ink or typewritten, and the bid form must be fully completed and executed when submitted. Only the copy of the bid form is required. The Owner may waive any informalities or minor defects or reflect any and all bids. Any bid may be withdrawn prior to the above scheduled time for opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within thirty (30) days after the actual date of the opening thereof. Should there be reasons why the contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the Owner and the bidder. IFB-1 Bidders must satisfy themselves of the accuracy of the estimated quantities in the bid schedule by examination of the site and a review of the plans and specifications including addenda. After bids have been submitted, the bidder shall not assert that there was a misunderstanding concerning the quantities of work or of the nature of the work to be done. The Spring Valley Minerals shall provide to bidders,, prior to bidding all information which is pertinent to, and delineates and describes, the land owned and right-of-way acquired or to be required. The Contract Documents contain the provisions required for the construction of the project. Information obtained from an officer, agent, or employee of the pt or any other person shall not affect the risks or obligations assumed by the Contractor or relieve him from fulfilling any of the conditions of the contract. The party to whom the contract is awarded will be required to execute the agreement and obtain the performance bond and payment bond within 10 days of receipt of acceptance performance bond, payment bond, and agreement signed by the party to whom the agreement was awarded shall sign the agreement and return to such party an executed duplicate of the agreement. Should the pt not execute the agreement within such period, the bidder may, by written notice, withdraw his signed agreement, such notice of withdrawal shall be effective upon receipt of the .notice by the pt. The Notice to Proceed shall be issued within 10 days of the execution of the agreement by the pt. Should there be reasons why the Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between the pt and the Contractor. If the Notice to Proceed has not been issued within the 10 day period, or within the time mutually agreed upon, the Contractor may terminate the agreement without further liability on the part of either party. The pt may make such investigations as it deems necessary to determine, the ability of the bidder to perform the work, and the bidder shall furnish to the pt all such information and data for this purpose as the pt may request. The pt reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the pt that such bidder is properly qualified to carry out the obligations of the agreement and to complete the work contemplated therein. A conditional or qualified bid will not be accepted. Award will be made to the lowest responsible bidder. POT -2 All applicable laws, ordinances. and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout. Each bidder is responsible for inspecting the site and for reading and being thoroughly familiar with the Contract Documents. The failure or omission of any bidder to do any of the foregoing shall in no way relieve any bidder from any obligation in respect to his bid. The low bidder shall supply the names and addresses of major material suppliers and subcontractors.with the bid proposal•on the form provided. POT -3 PROPOSAL FOR THE CONSTRUCTION OF THE STORM WATER POLLUTION PREVENTION PROJECT at the Old Cherokee Mine Site Spring Valley Minerals Inc. One Tabor Center. Denver Colorado Gentlemen: The undersigned, as bidder, declares that he has carefully examined the location of the proposed work, and the plans and specifications therefore; and he proposes and agrees that, if this proposal be accepted, he will contract with the Spring Valley Minerals Inc. to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all materials described in said plans and specifications, in the manner and time therein set forth, required to construct the Storm Water Pollution Prevention Project complete and with all improvement appurtenances in the County of Butte, State of California all in accordance with the plans and specifications therefor. Construction shall be in strict conformance with the plans and specifications prepared therefore, copies of which are on file with the Spring Valley Minerals, Inc. which plans and specifications are hereby made a part hereof. The bidder proposes and hereby agrees to commence work under this contract within 15 consecutive calendar days after the date of the "Notice to Proceed" 'and will fully complete the project within 30 working days thereafter as stipulated in the specifications. Bidder further agrees to pay, as liquidated damages, the sum of $200.00 for each consecutive calendar day thereafter as herein after provided in the general conditions. The bidder proposes and hereby agrees to contract with Spring Valley Minerals, Inc. as aforesaid to furnish and perform all the above described work for the following price, to wit: P-1 BID PROPOSAL ITEM ESTIMATE UNIT TOTAL NO QUANTITY DESCRIPTION PRICE AMOUNTS Site "A" 1 LS Develop Access Road 2 LS Clear & Grub 3 4290 CY Embankment 4 360 SY Rock Facing S 780 LF Chain Link Fence 6 LS Finish & Clean up Sub Total Site "A" ......................> Site "B" 1 LS Develop Access Road 2 LS Clear & Grub 3 385 CY Embankment 4 LS Discharge Structure 5 LS Finish & Clean up Sub Total Site "B" ..............> Site "C" 1 LS Develop Access Road 2 LS Remove Dam Vegetation 3 LS Repair Discharge Pipe 4 LS Finish & Clean Up Sub Total Site "C"............> TOTAL BID ALL SITES -P-2- The quantities of work hereinabove set forth are intended for the uniform comparison of bids, and are approximate only. Payment for said items will be based upon the quantities of work as measured in place upon completion. It is understood and agreed that the undersigned shall complete the work of the contract within the time provided for in the specifications governing said work. If awarded the contract, the undersigned hereby agrees to sign a contract and to furnish the necessary bonds within the time provided by law. The undersigned has examined the location of the proposed work and is familiar with the plans, specifications, and the local conditions at the place where the work is to be done. The undersigned has checked carefully all the above figures and understands that the Owner and its officers and employees will not be responsible for any errors or omissions on the part of the undersigned in making up this bid. The undersigned hereby certifies that this bid is genuine and not sham or collusive, or made in the interest in or on behalf of any person not herein named, and that the undersigned has not directly or indirectly induced or solicited any other bidder to refrain from bidding, and that the undersigned has not in any manner sought by collusion to secure for himself an advantage over any other bidder. r� (Signature) ADDRESS NO. Valid Contractor's License No. Bidder (Class No. Date (Title) is held by Receipt of the following addenda is hereby acknowledged: TELEPHONE Addendum No. Bidder's Initials Addendum No. Bidder's Initials Addendum No. - Bidder's Initials P-3 I it AGREEMENT THIS AGREEMENT, made this day of , by and between Spring Valley Minerals, Inc. One Tabor Center , Denver Colorado here in after called "Owner, and doing business as (an individual) or (a partnership) or (a corporation) hereinafter called "Contractor". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned: 1. The Contractor will commence and complete: STORM WATER POLLUTION PREVENTION PROJECT at the Old Cherokee Mine Site 2. The Contractor will furnish all of the material, supplies, tools, equipment, labor, and other services necessary for the construction and completion of the work described. 3. The Contractor shall commence the work required by the contract documents within 15 consecutive calendar days after the date of the Notice to Proceed and will complete the same within 30 working days unless the period for completion is extended otherwise by the contract documents. 4. The Contractor agrees to perform all work described in the contract documents and comply with the terms therein for the sum of $ or as shown in the bid schedule. 5. The term "Contract Documents" means and includes the following: A. Invitation for Bids B. Information for Bidders C. Bid D. Agreement E. General Conditions F. Special Provisions G. Notice to Proceed H. Change Orders I. The two pages of Drawings J. Specifications and Contract Documents L. All addenda or bulletins issued during the time of or forming a part of the documents loaned to the bidder for preparation of his bid. 6. The owner will pay to the Contractor in the manner and at such times as set forth in the general conditions such amounts as required by the contract documents. .7. This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. FA -1 IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this agreement in ( ) counterparts, each of which shall be deemed an original on the date first written above. (SEAL) ATTEST: NAME: TITLE: (SEAL) ATTEST: NAME: Spring Valley Minerals, iNC NAME: TITLE: CONTRACTOR: BY: NAME: LICENSE NUMBER CLASSIFICATION: ADDRESS: FA -2 TABLE OF CONTENTS GENERAL CONDITIONS PAGE 1. DEFINITIONS GC -1 2. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS GC -4 3. SCHEDULES, REPORTS AND RECORDS GC -4 4. DRAWINGS AND SPECIFICATION GC -4 5. MATERIALS, SERVICES AND FACILITIES GC -4 6. INSPECTIONS AND TESTING GC -5 7. PROTECTION OF WORK, PROPERTY, AND PERSONS GC -6 8. SUPERVISION BY CONTRACTOR GC -6 9. CHANGES IN THE WORK GC -7 10. CHANGES IN CONTRACT PRICE GC -7 11: TIME FOR COMPLETION AND LIQUIDATED DAMAGES GC -7 12. CORRECTION OF WORK GC -8 13. SUBSURFACE CONDITIONS GC -9 14,. SUSPENSION OF WORK, TERMINATION, AND DELAY GC -10 15. PAYMENTS TO CONTRACTOR* GC -11 16. ACCEPTANCE OF FINAL PAYMENT AS RELEASE GC -13 17. INSURANCE GC -13 18. ASSIGNMENTS GC -15 19. INDEMNIFICATION GC -16 20. SEPARATE CONTRACTS GC -16 21. SUBCONTRACTING GC -16 22. ENGINEER'S AUTHORITY GC -17 23. GUARANTY GC -17 24. ARBITRATION GC -17 25. TAXES GC -18 GC -1 1. DEFINITIONS Wherever used in the Contract Documents, the following terms shall have the meaning indicated which shall be applicable to both the singular and plural thereof: ADDENDA - Written or graphic instruments issued prior to the execution of the agreement which modify or interpret the Contract Documents, drawings and specifications, by additions, deletions, clarifications or corrections. BID - The offer or proposal of the bidder submitted on the prescribed form setting for the prices for the work to be performed. BIDDER - Any person, firm or corporation submitting a bid for the work. BONDS - Bid, performance and payment bonds and other instruments of security, furnished by the Contractor and his surety in accordance with the Contract Documents. None required for this project. CALENDAR DAY - Each and every day, including Saturdays, Sundays and legal holidays. CHANGE ORDER - A written order to the Contractor authorizing an addition, deletion or revision in the work within the general scope of the Contract Documents, or authorizing an adjustment in the contract price or the contract time. CITY - Spring Valley Mineraials Inc. PROJECT - The undertaking to be performed as provided in the Contract Documents. RESIDENT PROJECT REPRESENTATIVE - The authorized representative of the Owner who is assigned to the project site or any part thereof. SHOP DRAWINGS - All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by the Contractor, a subcontractor, manufacturer, supplier or distributer, which illustrate how specific portions of the work shall be fabricated or installed. SPECIFICATIONS - The directions, provisions, and requirements contained herein. STANDARD SPECIFICATIONS - Whenever reference is made to the "Standard Specification" such reference shall be made to those certain specifications entitled "State of California, Business and Transportation Agency, Department of Transportation, Standard Specifications", dated January 1988, certain portions of which are GC -2 made a part hereof by specific reference thereto. Whenever in the Standard Specifications, or in any documents or instruments where these specifications govern, the terms "State", "Engineer", or similar terms are used, such terms shall be construed to mean to the Owner, the Engineer, or other applicable terms as defined herein. Reference is made to Section 1 of the Standard Specifications for other pertinent definitions. SUBCONTRACTOR - An individual, firm, or corporation having a direct contract with the Contractor or with any other subcontractor for the performance of a part of the work at the site. SUBSTANTIAL COMPLETION - That date as certified by the Engineer when the construction of the project or specified part thereof is sufficiently completed, in accordance with the Contract Documents, such that the project or specified part can be utilized for the purpose for which it is intended. SUPPLIER - Any person or organization who supplies materials or equipment for the work, including that fabricated to a special design, but who does not perform labor on the site. WORK - All labor necessary to produce the construction required by the Contract Documents, and all materials and equipment incorporated or to be incorporated in the project. WORKING DAY - Each and every day, except Saturdays, Sundays, legal holidays, days on which the Contractor is specifically required by the special provisions to suspend construction operations, and days on which the Contractor is prevented by inclement weather or conditions resulting immediately therefrom adverse to the current controlling operation or operations, as determined by the Engineer, from proceeding with at least 75 percent of the normal labor and equipment force engaged on such operation or operations for at least 60 percent of the total daily time being currently spent on the controlling operation or operations. WRITTEN NOTICE - Any notice to any part of the Agreement relative to any part of this Agreement in writing and considered delivered and the service thereof completed, when posted by certified or registered mail to the said party at his last given address, or delivered in person to said party or his authorized representative of the work. GC -3 2. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS The Contractor may be furnished additional instructions and detail drawings, by the Engineer, as necessary to carry out the work required by the Contract Documents. The additional drawings and instructions that are supplied will become a part of the Contract Documents. The Contractor shall carry out the work in accordance with the additional detail drawings and instructions. 3. SCHEDULES, REPORTS AND RECORDS The Contractor shall submit to the Owner such schedule of quantities and costs, progress schedules, payrolls, reports, estimates, records and other data where applicable as are required by the Contract documents for the work to be performed. 4. DRAWINGS AND SPECIFICATIONS The intent of the drawings and specifications is that the Contractor shall furnish. all labor, materials, tools, equipment, and transportation necessary for the proper execution of the work in accordance with the Contract Documents and all incidental work necessary to complete the project in an acceptable manner; ready for use, occupancy or operation by the Owner. In case of conflict between the drawings and specifications, site conditions, or any inconsistencies or ambiguities found in the drawings or specifications shall be immediately reported to the Engineer, in writing, who shall promptly correct such inconsistencies or ambiguities, in writing. Work done by the Contractor after his discovery of such discrepancies, inconsistencies or ambiguities shall be done at the Contractor's risk. 5. MATERIALS, SERVICES AND FACILITIES It is understood that, except as otherwise specifically stated in the Contract Documents, the Contractor shall provide any pay for all materials, labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of any nature, and all other services and facilities of any nature whatsoever necessary to execute, complete, and deliver the work within the specified time. Materials and equipment shall be so stored as to ensure the preservation of their quality and fitness for the work. Stored materials and equipment to be incorporated in the work shall be located so as to facilitate prompt inspection. GC -4 Manufactured articles, materials, and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned as directed by the manufacturer. Materials, supplies, and equipment shall be in accordance with samples submitted by the Contractor and approved by the Engineer. Materials, supplies, or equipment to be incorporated into the work shall not be purchased by the Contractor or the subcontractor subject to a chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. 6. INSPECTION AND TESTING All materials and equipment used in the construction of the project shall be subject to adequate inspection and testing in accordance with generally accepted standards, as required and defined in the Contract Documents. The Owner shall provide all inspection and testing services not required by the Contract Documents. Inspection, tests or approvals by the Engineer or others shall not relieve the Contractor from his obligations to perform the work in accordance with the requirements of the Contract Documents. The Engineer and his representative will at all times have access to the work, in addition, authorized representatives and agents of any participating Federal or State agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. The Contractor will provide proper facilities for such access and observation of the work and also for any inspection, or testing thereof. If any work is covered contrary to the written instructions of the Engineer it must, if requested by the Engineer, be uncovered for his observation and replaced at the Contractor's expense. If the Engineer considers it necessary or advisable that covered work be inspected and tested by others, the Contractor, at the Engineer's request, will uncover, expose or otherwise make available for observation, inspection, or testing as the Engineer may require, that portion of the work in question, furnishing all necessary labor, materials, tools, and equipment. If it is found that such work is defective, the Contractor will bear all the expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction. If, however, such work GC -5 is not found to be defective, the Contractor will be allowed an increase in the contract price or an extension of the contract time, -or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction and an appropriate change order shall be issued. 7. PROTECTION OF WORK, PROPERTY, AND PERSONS The Contractor will be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work. He will take all necessary precautions for the safety of, and will provide the necessary protection to prevent damage, injury, or loss to all employees on the work site and other persons who may be affected thereby, all the work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and other property at the site or adjacent thereto; including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. The Contractor will comply with all applicable laws, ordinances, rules, regulations, and orders of any public body having Jurisdiction. He will erect and maintain, as required by the conditions and progress of the work, all necessary safeguards for safety and protection. He will notify owners of adjacent utilities when prosecution of the work may affect them. The Contractor will remedy all damage, injury, or loss to any property caused, directly or indirectly, in whole or in part, by the Contractor, any subcontractor, or any one directly or indirectly employed by any of them, or anyone for whose acts any of them be liable, except damage or loss attributable to the fault to the Contract Documents, or to the acts or omissions of the Owner, or the Engineer, or anyone employed by either of them, or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part to the fault on negligence of the contractor. In emergencies affecting the safely of persons, or the work, or property at the site, or adjacent thereto, the contractor, without special instruction or authorization from the Engineer or the Owner, shall act to prevent threatened damage, injury or loss. He will give the Engineer prompt written notice of any significant changes in the work or deviations from the Contract Documents caused thereby, and a change order shall thereupon by issued covering the changes and deviations involved. 8. SUPERVISION BY CONTRACTOR The contractor will supervise and direct the work. He will be solely responsible for the means, methods, techniques, sequences, and procedures of construction. The contractor will employ and GC -6 maintain on the work site, a qualified supervisor or superintendent who shall have been designated, in.writing, by the Contractor as the Contractor's representative at the site. The supervisor shall have full authority to act on behalf of the Contractor and all communications given to the supervisor shall be as binding as if given to the Contractor. The supervisor shall be present on the site at all times as required to perform adequate supervision and coordination of the work. 9. CHANGES IN THE WORK The Owner may, at any time as the need arises, order changes within scope of the work without invalidating the Agreement. If such changes increase or decrease the amount due under the Contract Documents, or in the time required for performance of the work, an equitable adjustment shall be authorized by change order. The Engineer also may, at any time by issuing a field order, make changes in the details of the work. The Contractor shall proceed with the performance of any changes in the work so ordered by the Engineer unless the Contractor believes that such field order entitles him to a change in contract price or time, or both, in which event he shall give the Engineer written notice thereof within seven (7) days after the receipt to the ordered change. Thereafter, the Contractor shall document the basis for a change in contract price or time within thirty (30) days. The Contractor shall not execute such changes pending the receipt to the executed change order or further instruction from the Owner. 10. CHANGES IN CONTRACT PRICE The contract price may be changed only by a change order. The value of any work covered by a change order, or of any claim for increase or decrease in the contract price, shall be determined by one or more of the following methods in order of precedence listed below: a. Unit prices previously approved b. An agreed lump sum c. The actual cost for labor, direct overhead, materials, supplies, equipment, and other services necessary to complete the work. 11. TIME FOR COMPLETION AND LIQUIDATED DAMAGES The date of beginning and the time for completion of essential conditions of the Contract Documents, embraced shall be commenced on a date specified in Proceed. GC -7 the work are and the work the Notice to 9 The Contractor will proceed with the work at such rate of progress to ensure full completion within the contract time. It is expressly understood and agreed, by and between the Contractor and the Owner, that the contract time for the completion of the work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the work. If the Contractor shall fail to complete the work within the contract time, or extension of time granted by the Owner, then the Contractor will pay to the Owner the amount of liquidated damages as specified in the bid for each calendar day that the Contractor shall be in default after time stipulated in the Contract Documents. The Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due to the following, and the Contractor has promptly given written notice of such delay to the Owner or Engineer. To any preference, priority, or allocation order duly issued by the Owner. To unforeseeable causes beyond the control and without fault or negligence of the Contractor; including but not restricted to acts of God, or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and abnormal and unforeseeable weather. 12. CORRECTION OF WORK The Contractor shall promptly remove from the premises all work rejected by the Engineer for failure to comply with the Contract Documents, whether incorporated in the construction or not, and the Contractor shall promptly replace and re -execute the work in accordance with the Contract Documents and without expense to the Owner, and shall bear the expense of making good all work of other Contractors destroyed or damaged by such removal or replacement. All removal and replacement work shall be done at the Contractor's expense. If the Contractor does not take action to remove such rejected work within ten (10) days after receipt of written notice, the Owner may remove such work and store the materials at the expense of the Contractor. GC -8 13. SUBSURFACE CONDITIONS The Contractor shall, promptly and before such conditions are disturbed, except in the event of an emergency, notify the Owner by written notice of: Surface or latent physical conditions at the site differing materially from those indicated in the Contract Documents; or Unknown physical conditions at the site of an unusual nature differing from those ordinarily encountered and -generally recognized as inherent in work of the character provided for in the Contract Documents. The Owner shall promptly investigate the conditions, and if it finds that such conditions do so materially differ and cause an increase or decrease in the cost of, or in the time required for, performance of the work, an equitable adjustment shall be made and the Contract Documents shall be modified by change order. Any claim of the Contractor for adjustment hereunder shall not be allowed unless he has given the required written notice; provided that the Owner may, if it determines the facts so justify, consider and adjust any such claims asserted before the date of final payments. 14. SUSPENSION OF WORK, TERMINATION, AND DELAY The Owner may suspend the work or any portion thereof for a period of not more than ninety (90) days or such further time as agreed upon by the Contractor, by written notice to the Contractor and the Engineer, which notice shall fix the date on which work shall be resumed. The Contractor will resume that work on the date so fixed. The Contractor will be allowed an increase in the contract price or an extension in the contract time, or both, directly attributable to any suspension. If the Contractor is adjudged bankrupt or insolvent, or if he makes a general assignment for the benefit of his creditors, or if a trustee or a receiver is appointed for the Contractor or for any of his property, or if he files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or applicable laws, or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if he repeatedly fails to make prompt payments to subcontractors or for labor, materials, or equipment, or if he disregards laws, ordinances, rules, regulations, or orders of any public body having jurisdiction of the work, or if he disregards the authority of the Engineer, or if he otherwise violates any provision of the Contract Documents; then the Owner may, without prejudice to any other right or remedy and after giving the Contractor and his surety a minimum of ten (10) days from delivery of a written notice, terminate the services of the Contractor and take possession of the project and GC -9 all materials, equipment, tools, construction equipment, and machinery thereon owned by the Contractor, and finish the work by whatever method may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price exceeds the direct and indirect costs of completing the project, including compensation for additional professional services, such excess shall be paid to the Contractor. If such costs exceed such unpaid balance, the Contractor will pay the difference to the Owner. Such costs incurred by the Owner will be determined by the Engineer and incorporated into a change order. When the Contractor's services have been 'so terminated by the Owner, said termination shall not affect any right of the Owner against the Contractor then existing, or which may thereafter accrue. Any retention or payment of monies by the owner due to the Contractor will not release the Contractor from compliance with the Contract Documents. After ten (10) days from delivery of a written notice to the Contractor and the Engineer, the Owner may, without cause and without prejudice to any other right or remedy, elect to abandon the project and terminate the contract. In such case, the Contractor shall be paid for all work executed and any expense sustained plus a reasonable profit. If through no act or fault of the Contractor, the work is suspended for a period of more than ninety (90) days by the Owner or under an order of the court, or other public authority, or the Engineer fails to act on any request for payment within thirty (30) days after it is submitted, or the Owner fails to pay the Contractor substantially the sum approved by the Engineer or awarded by arbitrators within thirty (30) days of its approval and presentation, then the Contractor may, after ten (10) days from delivery of a written notice to the Owner and the Engineer, terminate the contract and recover from the Owner payment for all work executed and all expenses sustained. In addition and in lieu of terminating the contract, if the Engineer fails or has failed to act on a request for payment or if the Owner has failed to make any payment as aforesaid, the Contractor may upon ten (10) days written notice to the Owner and the Engineer, stop the work until he has been paid all amounts due, in which event and upon resumption of the work, change orders shall be issued for adjusting the contract price or extending the contract time, or both, to compensate for the costs and delays attributable to the stoppage of work. If the performance of all or any portion of the work is suspended, delayed, or interrupted as a result of a failure of the Owner or Engineer to act within the time specified in the Contract Documents, or if no time is specified, within reasonable time, an GC -10 r adjustment in the contract price or an extension of the contract time, or both, shall be made by change order to compensate for the costs and delays necessarily caused by the failure of the Owner or Engineer. 15. PAYMENTS TO CONTRACTOR At least ten (10) days before each progress payment falls due, but not more often than once a month, the Contractor will submit to the Engineer a partial payment estimate filled out and signed by the Contractor covering the work performed during the period covered by the partial payment estimate and supported by such data as the Engineer may reasonably require. If payment is requested on the basis of materials and equipment not incorporated in the work but delivered and suitably stored at or near the site, the partial payment estimated shall also be accompanied by such supporting data, satisfactory to the Owner, that will establish the Owner's title to include applicable insurance. The Engineer will within ten (10) days after receipt of each partial payment estimate, either indicate in writing his approval of payment and present the partial payment estimate to the Owner, or return the partial payment estimate to the Contractor indicating in writing his reasons for refusing to approve the payment. In the latter case, the Contractor may make the necessary corrections and resubmit the partial payment estimate. The Owner will within ten (10) days of presentation to it of an approved partial payment estimate, pay the Contractor a progress payment on the basis of the approved partial payment estimate. The Owner shall retain ten (10) percent of the amount of each payment until final completion and acceptance of all work covered by the Contract Documents, The Owner at any time, however, after fifty (50) percent of the work has been completed, if it finds that satisfactory progress is being made, may reduce retainage to five (5) percent on the current and remaining estimates. When the work is substantially complete, operational, or beneficial occupancy, the retainer amount may be further reduced below five (5) percent to acceptance of a part of the work on which the price is stated separately in the Contract Documents, payment may be made in full, including retained percentages, less authorized deductions. The request for payment may also include an allowance for the cost of such major materials and equipment which are suitably stored either at or near the site. Prior to substantial completion, the Owner with the approval of the Engineer and the concurrence of the Contractor, may use any completed or substantially completed portions of. the work. Such use shall not constitute an acceptance of such portions of the work. GC -1.1 a The Owner shall have the right to enter the premises for the purposes of doing work not covered by the Contract Documents. This provision shall not be construed as relieving the Contractor of the sole responsibility for the care and protection of the work, or the restoration of any damaged work except such as may be caused by agents or employees of the Owner. Upon completion and acceptance of the work, the Engineer shall issue a certificate attached to the Final Payment request that the work has been accepted under the conditions of the Contract Documents. Within fifteen (15) days after the date of acceptance, the Owner shall cause to be filed in the office of the County Recorder, a Notice of Completion of the work. The entire balance found to be due the Contractor, including the retained percentages, but except such sums as may be lawfully retained by the Owner, shall be paid to the Contractor within forty-five (45) days after the date of filing of the Notice of Completion. The Contractor will indemnify and save the Owner, or the Owner's agents, harmless from all claims growing out of the lawful demands of subcontractors, laborers, workmen, mechanics, materialmen, and furnishers of machinery and parts thereof, equipment, tools, and all supplies. incurred in the furtherance of the performance of work. The Contractor shall, at the Owner's request, furnish satisfactory' evidence that all obligations of nature designated above have been paid, discharged, or waived. If the Contractor fails to do so, the Owner may, after having notified the Contractor, either pay unpaid bills or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the Contractor shall be resumed in accordance with the Contract Documents, but in no event shall the provisions of this sentence be construed to impose any obligations upon the Owner to either the Contractor, his surety, or any third party. In paying any unpaid bills for the Contractor, any payment so made by the Owner shall be considered as a payment made under the Contract Documents by the Owner to the Contractor, and the Owner shall not be liable to the Contractor for any such payments made in good faith. If the Owner fails to make payment forty-five (45) days after the date of the filing of the Notice of Completion, in addition to other remedies available to the Contractor, there shall be added to each such payment interest at the maximum legal rate commencing on the first day after said payment is due and continuing until the payment is received by the Contractor. GC -12 H 16. ACCEPTANCE OF FINAL PAYMENT AS RELEASE The acceptance by the Contractor of final payment shall be, and shall operate as a release to the Owner of all claims and all liability to the Contractor other than claims in stated amounts as may be specifically excepted by the Contractor for all things done or furnished in connection with this work and for every act and neglect of the Owner and others relating to or arising out of this work, Any payment, however, final or otherwise, shall not release the Contractor or his sureties from any obligations under the Contract Documents, or the Performance Bond and Payment Bond. 17. INSURANCE Contractor shall procure and maintain for the duration. of the contract; insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office form number GL 002 (ed. 1/73) covering Commercial General Liability and Insurance Services Office form number GL 0404 covering Board Form Commercial General Liability; and 2. Insurance Services Office form number CA 0001 (ed. 1/78) covering Automobile Liability, code 1 "any auto"; and 3. Workers' Compensation asrequired by the Labor Code of The State of California and Employers' Liability Insurance. B. Minimum Limits of Insurance Contractor shall maintain limits no less than: 1. Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. GC -13 CM 3. Workers' Compensation and Employers' Liability: Workers' compensation limits as required .by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per accident, Disease; Policy linit $500,000; each Employee limit $100,000. Deductibles and Self -Insured Retentions Any deductibles of self-insured retentions must be declared to an approved by the Owner. At the option of the Owner, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Owner, its officials and employees; or the Contractor shall procure a b o n d guaranteeing payment of losses and related investigation, claim administration and defense expenses. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1 2. General Liability and Automobile Liability coverages a. The Owner, its officials, employees and volunteers are to be covered as insureds as respect; liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased or used by the Contractor; or automobiles owned, leased hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Owner, its officials, employees or volunteers. b. The Contractor's insurance coverage shall be primary insurance as with respect to the Owner, its officials, employees and volunteers. Any insurance of self- insurance maintained by the Owner, its officials, employees and volunteers shall exceed the Contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Owner, its officials, employees or volunteers. d. Coverage shall state that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Workers' Compensation and Employers' Liability coverages GC -14 C I The insurer shall agree to waive all rights of subrogation against the Owner, its officials, employees and volunteers for losses arising from work performed by the Contractor for the Owner. 3. All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Owner. E. Acceptability of Insurers Insurance is to be placed with insurers with Best rating of no less than A:XIII. F. Verification of coverage Contractor shall furnish the Owner with certificates of insurance and with original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms provided by the Owner and are to be received and approved by the Owner before work commences. G. Subcontractors Contractor shall include subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. H. Approval All policies, certificates, endorsements on notices required hereunder, shall be endorsed by Contractor's attorney as complying with requirements thereof. 19. ASSIGNMENTS N Neither Contractor nor the Owner shall sell, transfer, assign, or otherwise dispose of the contract or any portion thereof, or of his right, title, or interest therein, or his obligations thereunder, without written consent of the other party. GC -15 Ic I 20. INDEMNIFICATION The Contractor will indemnify and hold harmless the Owner, the Engineer, and their agents and employees from and against all claims, damages, losses, and expenses including attorney's fees arising out of or resulting from the performance of the work, provided that any such claims, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury or destruction of tangible property including the loss therefrom; and is caused in whole or in part by any negligent or willful act or omission on the Contractor, and subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts of them may be liable. 21. SEPARATE CONTRACTS The Owner reserves the right to let other contracts in connection with this project. The Contractor shall afford other Contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work, and shall properly connect and coordinate his work with theirs. If the proper execution or results of any part of the Contractor's work depends upon the work of any other Contractor, the Contractor shall inspect and promptly report to the Engineer any defects in such work that render it unsuitable for such proper execution and results. The Owner may perform additional work related to the project by itself, or he may let other contracts containing provisions similar to these. The Contractor will afford the other Contractors who are parties to such contracts, or the Owner if it is performing the additional work itself, reasonable opportunity for the introduction and storage of materials and equipment and the execution of work, and shall properly connect and coordinate his work with theirs. If the performance of additional work by other Contractors or by the Owner is not noted in the Contract Documents prior to execution of the contract, written notice thereof shall be given to the Contractor prior to starting such additional work. If the Contractor believes that the performance of such additional work by the Owner or others involves him in additional expense or entitles him to any extension of contract time, he may make a claim as provided in Sections 14 and 15. 22. SUBCONTRACTING The Contractor may utilize the services of specialty Contractors on those parts of the work which, under normal contracting practices, are performed by specialty Contractors. The Contractor shall not award work to subcontractor(s) in excess of fifty (50) percent of the contract price without prior written approval of the Owner. GC -16 The Contractor shall be fully responsible to the Owner'for the acts and omissions of his subcontractors and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. The contract shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the Contractor by the terms of the Contract Documents insofar as applicable to the work of the subcontractors and to give the Contractor the same power as regards terminating any subcontract that the Owner may exercise over the Contractor under the provision of the Contract Documents. Nothing contained in this contract shall create any contractual relation between any subcontractor and the Owner. 23. ENGINEER'S AUTHORITY The Engineer shall act as the Owner's representative during the construction period. He shall decide questions which may arise as to quality and acceptability of materials furnished and work performed. He shall interpret the in a fair and unbiased manner. The site and determine if the work is Contract Documents. 24. GUARANTY intent of the Contract Documents Engineer will make visits to the proceeding in accordance with the The Contractor shall guarantee all materials and equipment furnished and work performed for a period of one (1) year from the date of completion. The Contractor warrants and guarantees for a period of one (1) year from the date of completion that the completed system is free from all defects due to faulty materials or workmanship and the Contractor shall promptly make such corrections as may be necessary by reason of such defects including the repairs of any damage to other parts of the system resulting from such defects. The Owner will give notice of observed defects with reasonable promptness. In the event that the Contractor should fail to make such repairs, adjustments, or other work that may be necessary by such defects, the Owner may do so and charge the Contractor the cost thereby incurred. The Performance Bond shall remain in force and effect through the guarantee period. 25. ARBITRATION All claims, disputes, and other matters in question arising out of, or relating to the Contract Documents or the breach thereof, except for claims which have been waived by the making and acceptance of final payment as provided by Section 20, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association. This agreement to arbitrate shall be specifically enforceable under the GC -17 i prevailing arbitration law. The award rendered by the arbitrators shall be final, and judgement may be entered upon it in any court having jurisdiction thereof. Notice of the demand for arbitration shall be filed in writing with the other party to the Contract Documents and with the American Arbitration Association, and a copy shall be filed with the Engineer. Demand for arbitration shall.in no event -be made on any claim, dispute, or other matter in question which would be barred by the applicable statute of limitations. The Contractor will carry on the work and maintain the progress schedule during any arbitration process, unless otherwise mutually agreed in writing. 26. TAXES The Contractor will pay all sales, consumer, use, and other similar taxes required by law of the place where the work is performed. GC -18 I T ._ 1. 2. 3. 4. 5. 6. 7. 8 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. TABLE OF CONTENTS SPECIAL CONDITIONS ITEM GENERAL INFORMATION ABBREVIATION, DEFINITION, & TERMS PERMITS INVESTIGATION OF SITE & CONDITIONS SURFACE & SUBSURFACE CONDITIONS OBSTRUCTIONS WATER POLLUTION. ORDER OF WORK COOPERATION CONTRACTORS RESPONSIBILITY PUBLIC SAFETY RESPONSIBILITY FOR DAMAGE PRESERVATION OF PROPERTY MOBILIZATION TIME OF COMPLETION TESTING CONSTRUCTION SURVEYS CLEAR & GRUB SITE GRADING -EMBANKMENT CONCRETE PRECAST CONCRETE STRUCTURE REINFORCING STEEL t ACCESS ROAD DEVELOPMENT REMOVE DAM VEGETATION REPAIR DISCHARGE PIPE ROCK FACING . CHAIN LINK FENCING FINISH AND CLEAN UP FOR THE WORK & MATERIALS PAGE SC -1 SC -2 SC -2 SC -2 SC -2 SC -3 SC -4 SC -5 SC -5 SC -6 SC -6 SC -7 SC -8 SC -9 SC -9 SC -9 SC -10 SC -10 SC -11 SC -11 SC -13 SC -13 SC -14 SC -14 SC -14 SC -15 SC -15 SC -15 1. GENERAL INFORMATION LOCATION- The work to be done and referred to herein is in Butte County, California; commonly referred to as Spring Valley Minerals, property the Old Cherokee -Mine Site. DESCRIPTION OF WORK- The proposed work, in general, consists of: Site "A": The work at Site "A" generally consists of the preparation for and the placement of a containment embankment completely around an existing storm water discharge "GLORY HOLE" the placement of rock slope protection and the installation of security fencing. Site "B": The work at Site "B" generally consists of the preparation for and the placement of a small lift on an existing silt barrier embankment and the installation of a small pre -cast concrete spillway structure. Site "C": The work at Site "C" generally consists of the removal and disposal of the vegetation from the downstream side of a small dam and the minor repair of the spillway piping. PLANS AND SPECIFICATIONS- The work embraced herein shall be done in accordance with the documents enumerated herein, and the State of California, Business and Transportation Agency, Department of Transportation, Standard Specifications, dated January 1992. In the case of conflict between the Standard Specifications and the provisions herein, the provisions herein shall take precedence over and be used in lieu of such conflicting portions. 2. ABBREVIATIONS, DEFINITIONS, AND TERMS As used in the Standard Specifications, unless the content otherwise requires, the following terms have the following meanings: DEPARTMENT OF TRANSPORTATION- Spring Valley Minerals. DIRECTOR OF TRANSPORTATION- Barnhart{Brown & Associates. DIVISION OF HIGHWAYS -Barnhart -Brown& Associates. ENGINEER -Barnhart -Brown & Associates. LABORATORY- Barnhart -Brown & Associates. t OFFICE OF ADMINISTRATIVE HEARINGS -Barnhart. -Brown & Associates. SC -1 A STANDARD SPECIFICATIONS- January 1990 Edition of the Standard specifications of the State of California, business and Transportation Agency, Division of Transportation. Reference is made to Section 1 of the Standard Specifications. 3. PERMITS Bonds, licenses, and other fees or charges guaranteeing labor, material, and performance of construction of the work described on the plans and in the specifications described herein shall be paid by the Contractor. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of work. Full compensation for conforming to the provisions of this article shall be considered as included in the prices paid for the various contract items of work, and no further compensation will be allowed therefor. 4. INVESTIGATION OF SITE AND CONDITIONS Each bidder shall study the plans and specifications and shall investigate the site of the work. He shall determine the actual requirements, conditions, and character of the work and materials required, and all requirements and circumstances that may affect the cost of the work, He shall include in his bid price any and all expense or cost that may be necessary to complete the project. The Contractor's attention is directed to the possible existence of pole lines, power lines, pipe lines, buildings, structures, and other public or private improvements which may be within the limits of the work or adjacent thereto, which may or may not be shown on the plans. It is mutually agreed that by submission of a proposal, the bidder will thereby certify that he has examined the local conditions, the proposal, plans, specifications and contract forms; and agrees that if awarded the contract, he will be held responsible for all existing conditions, whether or not accurately described, and will make no claim against the Owner or the Engineer based upon ignorance of local conditions or misunderstanding of the proposal, plans, specifications, or contract forms. 5. SURFACE & SUBSURFACE CONDITIONS It shall be the responsibility of the Contractor to ascertain the exact location of all utility lines, surface., or subsurface installation or facilities, and no additional compensation will be paid because of any such installation or facilities encountered SC -2 along the line of work, or for any delays caused by relocation or replacement thereof. It shall be the responsibility of the Contractor to maintain all lines and utilities, including house services and any other surface or subsurface structure or installation of any nature that may be affected by the work. Contractor is responsible for the protection of any loss of such utilities, facilities, or installations, and for any damage to any of the same, all of which such damage shall be repaired or replaced at the cost of the Contractor, and to the satisfaction of the owner of such facility or installation. Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in conforming with the provisions of this article shall be contract items of work, and no additional compensation will be allowed therefor. 6. OBSTRUCTIONS Attention is directed to the provisions of Sections 7, and 10, of the Standard Specifications. Attention is also directed to the presence. of overhead and underground utilities in the construction area. The Contractor will be required to work around public utility facilities and other improvements which are to remain in place within the construction area. He will be held liable to the owner of such facilities and improvements for any damage or interference with service resulting from his operations, whether said facilities are shown on the plans or not. The exact locations and descriptions of above ground and underground facilities and improvements within the construction area shall be ascertained by the Contractor before using equipment that may damage such facilities or interfere with their work whatsoever, the Contractor shall contact the owner of all facilities, both above ground and underground, and shall give due notice in regard to construction schedules. The Contractor shall give the owner of such facilities convenient access and facilities for removing, shoring, supporting, and otherwise protecting pipelines, transmission lines, ditches, fences, or structures if so requested by the owner of such facilities. The Contractor shall not be entitled to any extensions of time or extra compensation by reason of delays in connection with interference with facilities. Abandoned utility pipelines and conduits, if encountered, shall be removed and disposed of off the job site in accordance with the requirements of Section 7 of the Standard Specification. SC -3 + Full compensation for furnishing all labor, materials, tools equipment, and incidentals; and for doing all the work involved in conforming with the provisions of the article, shall be considered as included in the prices paid for the various contract items of work, and no additional compensation will be allowed therefor. 7. WATER POLLUTION The Contractor shall exercise every reasonable precaution to protect ditches, conduits, and streams from pollution with fuels, oil, bitumens, chemicals, concrete, and other harmful materials; and shall conduct and schedule his operations so as to avoid or minimize muddying/silting of said ditches, conduits, and streams. Nothing in these standards shall relieve the Contractor of the responsibility for compliance with Section 5650 and 12015, California Fish and Game Code, or other applicable statutes relating to prevention or abatement of water pollution. Erosion control features shall be constructed concurrently with other work and at the earliest practicable time. Care shall be exercised to preserve vegetation beyond the limits of construction. When borrow material is obtained from other than commercially operated sources, erosion of the borrow site during and after completion of the work shall not result in water pollution. The material source shall be constructed, where practicable, so that water will not collect or stand therein. The requirements of this section shall apply to all work performed and to all noncommercially operated borrow or disposal sites used for work. The word "stream" hereinafter used shall be construed to mean ditch, conduit, stream, river, lake, or reservoir. Material derived from the work shall not be deposited in a stream channel where it could be washed away by high stream flows. The Contractor shall be completely responsible for compliance with all Local, County, State, and Federal regulations pertaining to water pollution and soil erosion; including the payment of fines or penalties imposed by the governmental agency as a result of work performed by the Contractor. Full compensation for furnishing labor, materials, tools, equipment, and incidentals, and for so doing the work involved in conforming with the'provisions of this article, shall be considered as included in the prices paid for the various contract items of work, and no additional compensation will be allowed therefor. SC -4 8. ORDER OF WORK In connection with the work of construction,.the Contractor shall be governed by the direction of the Engineer in respect to the specific order of the work of construction to the intent that all avoidable delays may be eliminated. When, in judgement of the Engineer, it becomes necessary to accelerate the work, the Contractor, when so ordered by the Engineer, shall forthwith accelerate said work and/or shall cease work at any particular point and concentrate his forces at such other point or points as directed by the Engineer; and the Contractor shall execute such portions of his work as may be required to enable himself and/or others to hasten and properly engage in and carry on the work as a whole. Time is the essence on this contract. The Contractor shall promptly begin the work required under this contract and shall prosecute it diligently from day-to-day thereafter at such a rate that all work shall be completed within the time allowed under the contract. During unfavorable weather and other conditions, the Contractor shall pursue only such portions of the work as shall not be damaged thereby. No portions of the work, the satisfactory quality or efficiency of which will be affected by any unfavorable condition remain unless by special means or precautions approved by the Engineer, the unfavorable conditions may be overcome. Full compensation for conforming with the provisions of this article shall be considered as included in the price paid for the various contract items or work, and no additional compensation will be allowed therefor. 9. COOPERATION Attention is directed to Section 7 and 8 of the Standard Specifications. In lieu of conflicting provisions of Section 8-1.10, no additional compensation will be allowed for conforming to the above requirements or for delay or inconvenience to the Contractor's operations by reason of his conformance with such requirements. Any act of, or any omission of anything required to be done by other agencies, their officers, agents, or employees which shall cause the Contractor delay in the completion of the work shall be grounds for extension of time on the part of the Contractor to complete the work, but shall give the Contractor no damages for such delay. SC -5 10. CONTRACTOR'S RESPONSIBILITY FOR THE WORK AND MATERIALS Until the acceptance of the contract, the Contractor shall have the charge and care of the work and of the materials used therein, including materials for which he has received partial payment or materials which have been furnished the Owners; and shall bear the risk of injury, loss, or damage to any part thereof by the action of the elements or from any other cause whether arising from the execution or from the non -execution of the work. The Contractor shall rebuild, repair, restore and make good all injuries, losses, or damages to any portion of the work or the materials occasioned by any cause before its completion and acceptance; and shall bear the expense thereof, except for injuries, losses, or damages as are directly and proximately caused by acts of the Federal Government or the public enemy. When necessary to protect the work or materials from damage, the Contractor shall, at his expense, provide suitable drainage and erect temporary structures as are necessary to protect the work or materials from damage. The suspension of the work from any cause whatever shall not relieve the Contractor of his responsibility for the work and materials as herein specified. If ordered by the Engineer, the Contractor shall, at his expense, properly store materials which have been paid for by the Owner or which have been furnished by the Owner. Such storage by the Contractor shall be on behalf of the Owner, and the Owner shall, at all times, be entitled to the possession of such materials, and the Contractor shall promptly return the same to the site of the work when requested. The Contractor shall not dispose of any of the materials so stored except on written authorization from the Engineer. Full compensation for furnishing all labor, materials, tool, equipment, and incidentals, and for doing all work involved in conforming with the provisions of this article shall be considered included in the prices paid for the various contract items or work, and no additional compensation will be allowed therefor. 11. PUBLIC SAFETY This specification defines the Contractor's responsibility with regard to providing for the safety of the public during construction. The Contractor's attention is directed to Section 7 of the Standard Specifications. Where the Contractor's operations create a condition hazardous to the public; he shall furnish, erect, and maintain, at his expense and without cost to the Owner, such fences, barricades, lights, signs, and other devices as are necessary to prevent accidents or damage or injury to the public. The equipment shall be furnished and kept clean and in good repair by the Contractor at his expense. SC -6 The Contractor shall furnish flagmen and guards as are necessary to give adequate warning to traffic or to the public of any dangerous condition to be encountered. Flagmen and guards, while on duty and assigned to give warning to the public of any dangerous condition to be encountered, shall perform their duties and shall be provided with the necessary equipment in accordance with the current "Instruction of Flagmen of the Division of Highways". In lieu of the conflicting provisions of Section 7 of the Standard Specifications, full compensation for furnishing all pilot cars, flagmen and guards necessary for the direction of public traffic, either through or around the work, shall be considered as included in the various contract items of work, and no additional compensation will be allowed therefor. Should the Contractor appear to be neglectful in furnishing warning. and protective measures as above provided, the Engineer may direct attention to the existence of a hazard and the necessary warning and protective measures shall be furnished and installed by the Contractor at his expense without cost to the Owner. Should the Engineer not point out the inadequacy of warning and protective measures, such action on the part of the Engineer shall not relieve the Contractor from responsibility for public safety or abrogate his obligation to furnish and pay for these devices. All excavation not completely backfilled at the end of the working day, shall be covered with metal plates in addition to being adequately barricaded. No material or equipment shall be stored where it will interfere with the free and safe passage of public traffic, and at the end of each day's work and at other times when construction operations are suspended for any reason, the Contractor shall remove all equipment and other obstructions from that portion of the roadway open for use by public traffic. In no case shall the spacing between warning lights be more than 50 feet along the length of the trench where it is adjacent to or within the boundaries of a thoroughfare. No material or other obstruction shall be placed within 20 feet of a fire hydrant. Full compensation for furnishing labor, materials, tools, equipment, and incidentals, and for so doing the work involved in conforming with the provisions of this article, shall be considered as included in the prices paid for the various contract items of work, and no additional compensation will be allowed therefor. 12. RESPONSIBILITY FOR DAMAGE The Owner, the Engineer, and all officers and employees thereof connected with the work shall not be answerable or accountable, in any manner, for any loss or damage that may happen to the work or any part thereof; for any loss or damage to any of the materials or SC -7 • C other things used or employed in performing the work; for injury to or death of any person either workmen or the public; or for damage to property from any cause which might have been prevented by the Contractor, or his workmen, or anyone employed by him. The Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects or obstructions or from any cause whatsoever during the progress of the work, or at any time before completion and final acceptance. The Contractor shall indemnify and save harmless the Owner, the Engineer, and all officers and employees thereof connected with the work form all claims, suits, or actions of every name, kind, and description brought forth, or on account of, injuries to or death of any person or damage to property resulting from the construction of the work or by or in consequence of any negligence in guarding of work; use of improper materials in construction of the work; or by or on account of any act or omission by the Contractor or his agents during the progress of the work or at any time before its completion and final acceptance. In addition to any remedy authorized by law, so much of the money due the Contractor under and by virtue of the contract as shall be considered necessary by the Owner may be retained by the Owner until disposition has been made of such suits or claims for damages as aforesaid. The Contractor shall be responsible for any liability imposed by law, and for injuries to or death of any person, or damage to property, and shall indemnify and save harmless any County, City, or 'District, its officers and employees connected with the work, within the limits of which County, City, or District the work is being performed hereunder, all in the same manner and to the same extent as provided above for the protection of the Owner, the Engineer, and all officers and employees thereof connected with the work, except that no retention of money due the Contractor under and by virtue of the contract will be made by the Owner pending disposition of suits or claims for damages brought against the said County, City, or District. Full compensation for conforming with the provisions of this article shall be considered as included in the prices paid for the various contract items of work, and no additional compensation will be allowed therefor. 13. PRESERVATION OF PROPERTY Due care shall be exercised to avoid injury to existing improvements or facilities, utility facilities, adjacent property, and roadside trees and shrubbery that are not to be removed. SC -8 S Trees and shrubbery that are not to be removed, pole lines, fences, signs, markers and monuments, buildings and structures, conduits, pipelines under or above ground, sewer and water lines, all facilities, and any other improvements or facilities within or adjacent to the work shall be protected from injury or damage. If such objects are injured or damaged by reason of the Contractor's operations, they shall be replaced or restored at the Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the Contractor entered upon the work, or as good as required by the specifications accompanying the contract, if any such objects are a part of the work being performed under the contract. The Engineer may make or cause to be made such temporary repairs as are necessary to restore to service any damaged facility. The cost of such repairs shall be borne by the Contractor and may be deducted from any monies due or to become due to the Contractor under the contract. The fact that any underground facility is not shown on the plans shall not relieve the Contractor of his responsibility under this specification. It shall be the Contractor's responsibility to -- ascertain the existence of any underground improvements or facilities which may be subject to damage by reason of his operations. Before digging call U.S.A. 1-800-642-2444. Full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all work involved in conforming with the provisions of this article, shall be considered as included in the prices paid for the various contract items of work, and no additional compensation will be allowed therefor. 14. MOBILIZATION Mobilization shall be in accordance with Section 11 "Mobilization" of the Standard Specifications. Full compensation for conforming with the provisions of this article shall be paid for at the lump sum price paid for Clearing & Grubbing and no additional compensation will be allowed therefor. 15. TIME OF COMPLETION Attention is directed to the General Conditions. The Contractor shall diligently prosecute the work to completion, from the date of execution of the contract, within 30 working days. 16. TESTING All required testing of construction materials, and soil compaction testing will. be provided by the Owner. Should tests show materials or methods to be unacceptable, however, and retesting of the same materials is required, the cost or such retesting will be deducted from payments due the Contractor. All required performance testing SC -9 lb • shall be done by the Contractor in the presence of the Engineer. The Contractor shall furnish all required labor, materials, tools and supplies required to make the specified performance tests, including leakage tests. Full compensation for furnishing labor, materials, tools, equipment, and incidentals, and for so doing the work involved in conforming with the provisions of this article, shall be considered as included in the prices paid for the various contract items of work, and no additional compensation will be allowed therefor. 17. CONSTRUCTION SURVEYS The Owner will establish such lines and grades in the field as he determines to be necessary for the completion of the work indicated on the plans and in the specifications. The Owner will establish stationed lines, bench marks, principal control points for structures and other control points essential to performance of the work and will make final surveys of completed work as necessary. When the Contractor requires stakes or marks, he shall notify the Surveyor of his requirements in writing a reasonable length of time in advance of starting operations that require such stakes or marks. In no event, shall advance notice of less than twenty four (24) hours be considered a reasonable length of time. Stakes and marks set by the Engineer shall be carefully preserved by the Contractor. Should such stakes and marks be destroyed or damaged, they will be replaced at the earliest convenience. The Contractor will be responsible for the cost of replacing or restoring stakes and marks destroyed or damaged by reason of his operations. Full compensation for furnishing labor, materials, tools, equipment, and incidentals, and for so doing the work involved in conforming with the provisions of this article, shall be considered as included in the prices paid for the various contract items of work, and no additional. compensation will be allowed therefor. 1.8. CLEAR AND GRUB This work shall. consist of removing existing facilities above ground and underground including any trees, and shrubs. The Contractor shall also remove all. rocks, stones, debris, and all obstructions of whatever kind and character, whether natural or artificial, encountered in the construction of the work. The Contractor_ is required to ascertain the location of existing facilities and to carry on his operation so as to cause the minimum possible inconvenience to the occupants along rights-of-way and streets, ingress and egress at the project site. SC -1.0 The Contractor shall make his own arrangements for disposing of such material and he shall pay all costs involved. Burning of the cleared material may be permitted subject to the Contractor obtaining the authorization form the BCAPCD Full compensation for furnishing labor, materials, tools, equipment, and incidentals, and for so doing the work involved in conforming with the provisions of this article, shall be considered as included in the prices paid for at the Lump Sum contract price for this item of work, which shall also include Mobilization cost and no additional compensation will be allowed therefor. 19. SITE GRADING -Embankment The work under this section of the specifications includes site grading preparation and the placement of the embankment(s) to construct the levee section as noted on the plans. The embankment is to be developed from the talus materials that are in the area of the specific embankment that is being constructed. The embankment is to constructed in lifts of 12" in loose dimension and compacted in place. The lifts shall be compacted to a relative compaction of 90% as determined by the ASTM 1557 D. Organic materials shall not be incorporated into the embankment. The finished surfaces of the embankment shall be "walked in place" by a dozer walking up and down the slope. Cleat impressions at right angles to the slope shall be the finished surface to accept future plant growth and subsequent stabilization. This item also includes the dressing up and finishing of the borrow area. The finished slopes within the borrow area shall be 2:1 or flatter the slopes shall receive the same finishing effort as the embankment slopes. Full compensation for furnishing labor, materials, tools, equipment, and incidentals, and for so doing the work involved in conforming with the provisions of this article, shall be paid at the unit contract price, by site location, for this item of work, and no additional compensation will be allowed therefor. 20. CONCRETE Preparation before concrete placement shall include the following: 1.. All equipment for mixing and transporting concrete shall be clean. 2. All debris and ice shall:be removed from spaces to be occupied by concrete. 3. Forms shall. be properly coated. 4. Masonry filler units that will be in contact with SC -11. 4 concrete shall be well drenched. 5. Reinforcement shall be thoroughly clean of ice or other deleterious coatings. 6. Water shall be removed from place of deposit before concrete is placed unless otherwise permitted by the building official. 7. All laitance and other unsound material shall be removed before additional concrete is placed against hardened concrete. All concrete shall be mixed until there is a uniform distribution of materials and shall be discharged completely before mixer is recharged. Ready -mix concrete shall be mixed and delivered in accordance with requirements of U.B.C. Standard No. 26-13 or 26-14. Job mixed concrete shall be mixed in accordance with the following: 1.. Mixing shall be done in a batch mixer of an approved type. 2. Mixer shall be rotated at a speed recommended by the manufacturer. 3. Mixing shall be continued for at least 1-1/2 minutes after all materials are in the drum, unless a shorter time shown to be satisfactory by the mixing uniformity tests of U.B.C. Standard No. 26-13. 4. Materials handling, batching and mixing shall conform to applicable provisions of U.B.C. Standard No. 26-13. 5. A detailed record shall be kept to identify: (i) Number of batches produced; (ii) Proportions of materials used; (iii) Approximate location of final deposit in structure; (iv) Time and date of mixing and placing; Concrete shall be conveyed mixer to place of final deposit by methods that will prevent separation or loss of materials. Conveying equipment shall be capable of providing a supply of concrete at site of placement without separation of ingredients and without interruptions sufficient to permit loss of plasticity between successive increments. All. concrete shall be thoroughly consolidated by suitable means during placement and shall be thoroughly worked around reinforcement and embedded fixtures and into corners of forms. All concrete shall. be 3000 psi @ 28 days Portland Cement to be Type I-II, slump shall be 1" (minimum), 3" maximum with 3/4" to 1 1/2" (maximum) aggregate, water content ratio of 0.65. SC -12 I Full compensation for furnishing labor, materials, tools, equipment, and incidentals, and for so doing the work involved in conforming with the provisions of this article, shall be considered as included in the prices paid for the various contract items of work, and no additional compensation will be allowed therefor. 21 Precast Concrete Structure The Contractor may construct the Site "B" discharge structure from precast concrete units ass shown on the plans or the Contractor may form and place the concrete in place. The functional ability of the finished structure shall be the same for either form of construction. The concrete shall be as noted herein for either method of fabrication. Site preparation, excavation, creation of the structure and backfilling are to be included in this contract item of work. Full compensation for furnishing labor, materials, tools, equipment, and incidentals, and for so doing the work involved in conforming with the provisions of this article, shall be paid at the Lump Sum contract price for this item of work, and no additional compensation will be allowed therefor. 22. REINFORCEMENT STEEL Reinforcement steel shall conform to and be in accordance with ASTM A615, grade 40 minimum. All reinforcement steel shall have the following cover: a. Concrete cast and permanently exposed 3" to earth. b. Concrete cast against forms 1-1/2". All rebar shall be securely tied prior to placement of concrete. Reinforcing steel shall. lap a minimum' of 30 bar diameter each direction. Reinforcement shall be placed as indicated on the plans. All reinforcing bends to be made cold. Full compensation for furnishing labor, materials, tools, equipment, and incidentals, and for so doing the work involved in conforming with the provisions of this article, shall. be considered as included in the prices paid for the various contract items of work, and no additional. compensation will be allowed therefor. SC -13 23. ACCESS ROAD DEVELOPMENT The development of access roads to each site is for the use and convenience of the Contractor. The degree of development work is at the sole discretion of the Contractor. When the work at a site has been completed the Contractor shall construct water bars on the roadway to minimize the erosion potential from the disturbed areas. Full compensation for furnishing labor, materials, tools, equipment, and incidentals, and for so doing the work involved in conforming with the provisions of this article, shall be paid at the Lump Sum contract price for this item of work; and no additional compensation will be allowed therefor. 24. REMOVE DAM VEGETATION This work shall include the removal of the vines, trees and shrubs that have grown into the downstream face of the CANYON RANCH DAM No. 345 which is Site "C" of this contact. The vegetation shall not be grubbed but rather shall be cut at or near the face of the dam. The vegetation shall be removed from the dam area and with the proper permits obtained by the contractor the materials may be burned. The Contractor may, as an alternative' bury the material in the general area of the Old Gravel Operations. Full compensation for furnishing labor, materials, tools, equipment, and incidentals, and for so doing the work involved in conforming with the provisions of this article, shall be paid at the Lump Sum contract price for this item of work, and no additional compensation will be allowed therefor. 25. REPAIR DISCHARGE PIPE This work occurs at Site "C" and shall consist of the restoration of the existing thin wall steel pipe that is used as the discharge pipe from the CANYON RANCH DAM No. 345. The existing pipe is to be salvaged and repaired as shown on the plans. This work also includes the fabrication and installation of a support structure near the end of the existing discharge pipe. Alternate methods of accomplishing the design intent will be considered if advanced by the Contractor. Full compensation for furnishing labor, materials, tools, equipment, and incidentals, and for so doing the work involved in conforming with the provisions of this article, shall be paid at the Lump Sum contract price for this item of work, and no additional compensation will be allowed therefor. SC -14 4 26. ROCK FACING This work occurs at Site "A" and consist of locating suitable local rock from within the property for placement as erosion control facing of the depressed section of the embankment as shown on the plans. The rock materials shall be 8" to 18" and placed in a single layer and secured in place by walking with the dozer to consolidate and provide uniform coverage. The rock facing shall extend from toe of slope to toe of slope. Full compensation for furnishing labor, materials, tools, equipment, and incidentals, and for so doing the work involved in conforming with the provisions of this article, shall be paid at the unit contract price per square yard for this item of work, and no additional compensation will be allowed therefor. 27 CHAIN LINK FENCING This work occurs at Site A and will consist of installing a 6 foot high chain link fence around the Glory Hole on the inside edge of the constructed embankment in accordance with the CalTrans standard specifications. The fabric shall be 11 gauge galvanized, the line post and the top rail shall be 1.5" diameter nominal. Corner post shall be 3" diameter nominal.The tension wire at the bottom on the fabric shall be 4 gauge. The fabric may be spliced to 8' through the depressed section of the constructed -embankment. Provide and install a 3' walk gate as shown on the plans with a receiving pin locking device. Full compensation for furnishing labor, materials, tools, equipment, and incidentals, and for so doing the work involved in conforming with the provisions of this article, shall be paid at the unit contract price per linear foot this item of work, which shall include the gate- and appurtenances and no additional compensation will be allowed therefor. 28. FINISH AND CLEAN UP This work shall apply to each of the Sites and the access roads utilized during the construction. This work shall consist of the removal from the property of all construction material, debris and related items that have not been incorporated into the work. This item shall also include the finishing of the construction at each of Sites to achieve the design objective and to complete a project in a workman like manor. Full compensation for furnishing labor, materials, tools, equipment, and incidentals, and for so doing the work involved in conforming with the provisions of this article, shall be paid at the Lump Sum contract price for this item of work, and no additional compensation will be allowed therefor. SC -15 To over V 719, 122.58 2, 127, 99.3 14 719, 098. 15 ,Q Fence Corner 2, 128, 189.82 Existir�q Fence Lime Pond „B,� I/ „ /nrlc// Lsnsa Ssclon fVorhf �' 1ii�e COIAOI Poinf 'X -J" 718, 787.72 2, 128, 155.27 South /P Lime LArOI/TPLA 984 Job No. 9 OJO (X) S1l L '1/j 11 .0 - v' i -/ c - >naI? ci L loe o/Ein6o�.Fine�f i e gee Sec�io� E 21 f5� 59 718,867.7J 2, 128, 909.77 Controling Distances k Rock Protection of Depressed Section —..—.._.._ _ E/e� >060.0 E 20 100 , 817, 715.52 2, 728, 336.78 November 8, 199..3 October 27, 199J 1 U-) CL CL vid Lquil 0 � C d� ExIstin �. Qi .......... h. ........... O � w V �. Qi .......... h. ........... M SO' V rn IN • C � V C O Q c N � � 0 M SO' V rn IN • v k3 O 0 v I . a O M C n� rn 6 Z J r S i e + .......... I � I .... .. 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Last name, first name, middle initial?) L: V4i V/V Vt+wt kjVV b1HIUb: AL.I IVE i br't�iNb�ViiCLt f' I°113Vtt{f3L5.__lIYL RR No. fRural Box Cn READ CARLUb R& ADELINE%L,J,t'.s:b47C/2tfi No. p Q bcfLI4 ttJtL-LlFti Il. ! t•, HEIGHTS 1 7Jb 1 t:� `"�'. .t LJ5 bt1i 5 Lf �l� No. & Street Apt./Suite PO Box RR No. Rural Box 0 7500 Green A90k Lane No. - a? No. Z City State ZIP + 4 Q C �"rus Aer Sign. Here Date new address in Keyline No. (If any) c effect �ilf PS Form 3576, November 1990 RECEIVER: B&ure to record the above new address. l File No. BUTTE COUNTY Public Works Departmen ,For Action ion < _ (For intormafion ✓) } Director Deputy Director Secretary Rd. & Br. Mtce. Shop & Yard Bldg. Insp. Admin Design Engineer Road Design Bridge Engineer Const. Engineer Surveys t Mapping ( Solid Waste ( i Transportation s Land Dev. Permits Addressing ut C®unt - LAND OF NATURAL WEALTH AND BEAUT`' PLANNING COMMISSION 7 COUNTY CENTER DRIVE — OROVILLE, CALIFORNIA 95965-3397 PHONE:XMW 538-7601 March 6, 1987 Spring.Valley Minerals Inc. One Tabor Center 1200 Seventeenth Street Denver, Colorado 80202 RE: Use Permit AP#41-06-38, etc. Gentlemen: Enclosed is your validated Use Permit No. 87-26 to allow exploratory mining activities, underground storage of inflammables and the use of explosives on property zoned "U", located at the Cherokee Mine Site, approximately 1 mile south of Cherokee Road and 1 mile east of.Highway 70, Cherokee.' Should you have any questions regarding this matter,. please contact this office between 10:00 a.m. and 3:00 p.m. Sincerely, .A. IRCHER Director of Planning BAK:jmc .Enc. cc: epartment of Public Works (2)' Environmental Health Department of Forestry -,tom 4 p, s File ` s BUTTE COUNTY (For Action 1, 2, 3) C' Public Works Dept. p (For/n.-formation tI ) Director Dep. Dir. Sec. Rd. $ Br. Mtce. 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'; 4• ,� iv' � • •< � 1 ,•'� y� • �'' - ~,.'' .. •� l' r �X;�1.i'}' d �.`...�*, r�, c F S r ' ...- /r: 1 �f,�a'•��`� ik`X`, ►•1.'..� � e."' rr'tJ 'yi � \ �<� i, •' �•�"' •r..1 r �� "}, (•rj' •; I ..+����^ ��,j�,�� •�r,ty�.,l11_�'•• `� j •r .��t.\i`ll, ..^�Nj �' ••. 1) �J 11 ii f,.� •r•„, !.. SF�yW ��•,�i �lt�. 1 • 1 0. --p .r l { r• `�� J j', Y.'i %' � _ �.". ��llf '• 'r,i'• � �•�y.`'.l �1` �' �e ! II 1' Y .• • .407 mgS re " � ��''r' , � • •. f'jl \�;7 \ � ♦ r i• r" ¢ �i, J •�'� f �+ 't .r' � � �`�10/�S 1�i �r R "n�`��� ' �'t �1 !� �: • ♦ r ' •. ' ��, — �a�". /': .%1,1L''�J '+: ,;�`� r r . ...i_iE • 1...,.-.? _..-..,,r _/��._..7, i �Y ,°'�''� 1 -if . �� w.y�y' * ! �,. ♦ j _._._.4 ' 1 f• 1 � r ' ,�� r o-' '� � ` � �,•�� � f�. r�'� •fir' r .F •, 1 t.,4, } ;1 ( r� 7�`? J7aj's 4" ". }� `fJ � 1 R `� _1 < �'w'r" .Y ' !• I �i„j7 .�, `y �S'�J,� �� �`rxilt'� px.w� � If ` „f... •..1 1 ,� '�1 , j/ t •yL, '� `�• '.{ ` �.� �/r.,'����a^�'t..ir'' 1l "• I i �, •,'u."�R�• '�3 +.; 1 , . .. "1b ••'• ,,� '• �; 1 ' 1 '4 ,r,�'1 �, rr *,V, j.'� �•,� t,r ,� �,�,' i � �� �� ��� I f � � 1`�.44' `*, t + : t'�,� �; � :1 t �'��`�"+ ar . { {' •, )••�• It ;, 1 , 1 �.. / �r 1 !1 I i 1 \ � ti � �, , BUTTE COUNTY'PLANNING DEPARTMENT PRE -APPLICATION REVIEW FORM To: John Mendonsa Date`: December 3, 1986 Public: Works. RE: Pre -Application Review Information for: Spring Valley Minerals, Inc. W H , AG wlA S One Tabor Center 1200 Seventeenth St. Denver, Colorado 80202 Enclosed is.preliminary data our officehas'received or generated concerning the following project: 41=06=38; etc. Ldq#86=12-03-01 ,Use -Pe miito allow exploratory mining activities-, located at'the Cherokee'Mine site approximately 1 mile south of'Cherokee-Road and, 1 mile east' of Highway 70, Cherokee. Please indicate your response by -checking the appropriate box. ElNo requirements for this project. ®The project as proposed can meet this Departmditt�s . requirements. Sufficient proof has been given thet the,applicant can meet the following conditions. approved: WftO AACcA,%^-no.+ pc.Aw VA Ov?-A- Jdaa ypJ ,E.iccs;✓A-moo•/ � .`� .71" Coao►Twb.•t � At +tA0✓1.2E.v Om • 07?44- I9 4,vl V.G ' At400a r p�Rfa� o+�es� Nrts,, . Iv6G�G. 4!0. !FPLs.el�¢Cy. A.T . Cow!TY. Rd4+. pp. 41. dlE•o rc##,AoKeA ! LLS5 -rA4^r- lOOO yOS - av4 17-4,, �,na+rnr.,u �&VIC.6 4099 A(,rrfP✓(� .iovac•vZa ?vo. 7J .Sb 4YS . j -j The project as proposed can/does not meet the L -D requirements of this department. A revision of the project will be necessary. The applicant has been contacted with this information. Signature:' .............. . .. . I(W no 7p rkj CJ QN-M.IRM xpoww 5 g 1P w 4')y 1 Ink, JOIN,. A NY 200 , d I J K Q'I'•M � A q. M" ym, W_ 04 :�+ - � I/ ` � �`` '�i•i !_��t' , /���� "✓16.-s. � �!`�� : fir.'.; „' & AREA BOUNDARY El.4 i 1i1' or lid 4% 1 Q Wft #j \�`1 4% WX y I I K j I Ilk WZ ?J �WA I VA I W �1 I I LWAL L," IV* _AIL PREPARED FOR: SPRING VALLEY MINERALS, INC B y: "N I., LAN D M A R K R E C &dM)Cb.Vk%ft QK, Cherokee MiNp 19 1986 cdI LOCATION 00 OroVW% Calif Buffs Co. Pfenning �c�rurt, DEC b 1986 BUTTE COUNTY PLANNING DEPARTMENT Oroville, Califomia PRE -APPLICATION REVIEW FORM. To: John Mendonsa Date i December 3, 1986 Public Works. RE: Pre -Application Review Information for: Spring Valley Minerals, Inc. One Tabor Center 1200 Seventeenth St. Denver, Colorado 80202 Enclosed is preliminary data our office has received or generated concerning the following project: AP#41=06=38, etc.,'L6g#86-12-03-0]. Use Permit to allow exploratory mining activities, located at the Cherokee Mine site approximately 1 mile south of.Cherokee Road. and 1 mile east of Highway 70, Cherokee'. Please indicate your response by checking the appropriate box. No requirements for this project. © The project as proposed can meet this Departments requirements.... Sufficient proof has been given that the applicant can'meet the following conditions approved: l• /V ill/A /il i / c �/Q %/-' <•� .�C ^ ���G �i YOS L� iG i si %}7k-,: . /�� ,3zJ.+!C .o I DThe project as proposed can/does not meet the requirements of this department. A revision of the project will be necessary. The applicant has been contacted with this information. ,L Signature i ral (/IJl,pt..s �DGiS �� .EfC�.�r.�r-7-��... si'•r.�n P'I�.v'�.v�" /°L,i.'7.'; !L.•CI....C�,::) , DThe project as proposed can/does not meet the requirements of this department. A revision of the project will be necessary. The applicant has been contacted with this information. ,L Signature i ral 3 ' J File No. BUTTE COUNTY R1" w (For Action 1 2 3) Public Works Dept. (For Information �/ ) Director Dep. Dir. ` Sec. Rd. & Br. Mtce. f Shop & Yards Bldg. Insp. Admin. Design Engr. Bridge Engr. Constr. Engr. Surveys - Mapping - Transp. Land Dev. Drng. /S.I. Sub. & pcl. Maps _ Permits Ad r. lVaro1I 20b6ers APPLICATION FOR USE PERMIT BUTTE COUNTY PLANNING COMMISSION C.• R.,M, ,q NOV 19 1986 APPLICANT'S NAME: Spring Valley Minerals, Inca PHONE NUMBER: (303) 623-8317 APPLICANT'S MAILING ADDRESS: , One Tabor Center 1200 Seventeenth Street .- Denver, Colorado 80202 OWNER'S NAME AND ADDRESS: Same as Applicant, CONTACT PERSON FOR PROJECT: RVQ;, Muril D. Vincelette Vice President = Operations Spring Valley Minerals, Inc. ASSESSOR'S PARCEL NUMBERS: APPROX. APPROX. ACREAGE ACREAGE 041-06-0-38 40.00 041-06-0-128 64.6 041-06-0-88 104.72 041-06-0-129 142.1 041-06-0-122 319.89 041-33-0-30 42.61 041-06-0-127 306.10 PRESENT ZONING: General Use LOCATION AND SIZE OF PARCELS: Portions of Sections 28, 29, 32 and 33 T21N R4E ' STREET ADDRESS: Not Applicable DIRECTIONS FOR TRAVEL TO PROPERTY: Travel North from Oroville, California on State Highway 70 approximately 10..5 miles to the Cherokee Road; then approximately 1 mile South on the Cherokee Road to the Cherokee Mine. 1 i DESCRIPTIONS OF PROPOSED DEVELOPMENTAL USE: Activities are of an exploratory nature and will extend over a two to three month period. Existing underground workings will be re-entered and repairs made to underground support structures. Then, limited underground excavation (including blasting) will take place to acquire bulk samples for gravity separation. Bulk samples will be brought to the surface 'through the existing shaft and placed in the existing gravity separation equipment. Bulk samples will be processed using a trommel screen and sluice box. Precious metal values are only found in the fines. Therefore, oversized material will be transported to the waste dump -via conveyor belt. Undersized material will be carried as sediment to three existing surface impoundments. Sediments will be allowed to settle and the water recycled through the gravity separation equipment. No discharge of water will occur. No chemi- cal processing of any kind will take place on-site. DESCRIPTION OF EXISTING LAND USE: The entire area within and surrounding the gravity separation equipment and waste dump has been disturbed by past mining activities. PROPOSED SCHEDULING/ASSOCIATED PROJECTS: Exploration activities will commence as soon as the necessary permits have been obtained. Tentative plans are for explor- atory activities to begin at the beginning of January and continue for two to three months, at which time exploration activi- ties will be completed. ANTICIPATED INCREMENTAL DEVELOPMENT: Exploration activities will continue for two to three months as previously described. BUILDING CONSTRUCTION: A) EXISTING BUILDINGS ON-SITE Hoist House Generator Building Two Mobile Vans One Mobile Home Office 2 B) PROPOSED BUILDINGS No new construction of buildings is anticipated HAZARDOUS MATERIALS TO BE USED: DIESEL FUEL - 4,000 gallon storage tank GASOLINE - 2,000 gallon storage tank '3 EXPLOSIVES -.Ammonium I nitrate and dynamite for blasting underground. Quantities limited to 1 ton dynamite and 4 tons ammonium nitrate. DAILY HOURS OF OPERATION: Generally, ten hours per day, five days per week during daylight hours. Y NUMBER OF OFF-STREET'SPACES PROVIDED: Not Applicable EXISTING/PROPOSAL SEWAGE DISPOSAL METHOD: Existing septic tank and leach field PROXIMITY OF POWER AND PHONE LINES: Phone and power lines on-site. DISTANCE TO NATURAL WATER COURSE OR STORM DRAIN: The surface operation area drains into a pre-existing mine drainage tunnel which ultimately flows into Dry Creek via Saw Mill Ravine. ANTICIPATED ON AND OFF-SITE DRAINAGE IMPROVEMENTS: None - WATER SOURCE: Water to be used for gravity separation will be obtained from surface runoff flowing through the existing mine drainage f� tunnel. PROXIMITY OF WATER FOR FIRE FIGHTING PURPOSES: Water will be stored in.surf ace impound- ments for use in the gravity separation process. Water is also available in the -drainage tunnel, if needed. Maximum impoundment capacity is 490,000 gallons. 3 WILL EXCAVATION OR GRADING BE NECESSARY: CUBIC YARD (ESTIMATE): Excavation will take place in existing underground mine workings only. A maximum of 1,000 CY of material will be added to an existing waste pile. LIST AND DESCRIBE ANY OTHER RELATED PERMITS AND OTHER PUBLIC APPROVALS REQUIRED FOR THIS PROJECT, INCLUDING THOSE REQUIRED BY CITY, REGIONAL, STATE AND FEDERAL AGENCIES: 1. A Facility Permit/Waste Discharge may be necessary through the California Regional Water Quality Control Board. 2. An Explosives/Blasting permit will be necessary through the Butte County Planning Commission. 3. Application has been made and fees payed for underground storage tanks (fuel) through Butte County, Califor- nia. Monitoring information ensuring the integrity of the tanks will be submitted prior to use of the tanks. IF INDUSTRIAL, INDICATE TYPE, ESTIMATED EMPLOYMENT SHIFT AND LOADING FACILITIES: Facility will be industrial. Estimated employment is five to six men, ten hours per day, five days per week.' ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES - IDENTIFY POTEN- TIALLY SIGNIFICANT ENVIRONMENTAL IMPACTS ASSOCIATED WITH THE USE PERMIT. WHAT PROJECT DESIGN FEATURES OR SPECIAL CONDITIONS OF APPROVAL ARE PROPOSED TO ALLEVIATE POTENTIAL ENVIRONMENTAL IMPACTS: Minimal impacts to the environment are anticipated due to the limited activity proposed and the previous mining activity in the area. No discharge of water used in the gravity separation process, or any other aspect of the operation is expected. Also, no chemical processing of sample material will take place. Surface disturbance will be limited to the placement of a maximum of 1,000 CY of waste to an existing waste pile. 4 DESCRIPTION OF THE ENVIRONMENTAL SETTING Topography The mine site, at elevation 1,070, is located in a relatively shallow depression at the mouth of Saw Mill Ravine. The site is surrounded by steep hills ranging in elevation from 1,100 feet to 1,650 feet except to the northwest, where the topography begins to slope to the central valley below. Surface runoff flows to the northwest into Dry Creek. Presently, because of the past hydraulic mining activities, all runoff is contained within the mine.area and is drained by an old mine drainage tunnel which eventually exits into Dry Creek. Geology The following section on geology is taken verbatim from a report entitled "Geologic and Engineering Feasibility Studies for Cherokee Industries, Ltd." prepared by Triad Engineers, Inc., Reno, Nevada, 1962. Rock Exposures. Beds of tuff, tuffaceous sand and shale crop out along the road from Thompson Flat one or two miles north of Oroville, and along Spring Valley Gulch. Scattered outcrops of andesitic sandstone, tuff and conglomerate occur beneath the basalt f low.at Table Mountain. An exceptionally fine section of Tertiary sediments and the overlying basalt has been exposed by mining operations of early days in the "Cherokee Hydraulic Mine". Individual stratigraphic members of the Ione formation are well exposed in this area, and the nearly vertical columnar structure of the basalt capping at Table Mountain is clearly visible from the Cherokee Pit. Locally, landslides and sloughing on slopes often obscure the otherwise clearly discernible sedimentary units. At the north end of the Cherokee Hydraulic Mine, a narrow stretch of ancient river channel has been exposed by erosion and hydraulic operations, revealing the so- called "greenstone gravels". These gravels consist primarily of grayish -green bedded tuff and tuff breccia much .similar to the underlying rock of the Oregon City formation. 5 Regional Stratigraphy. ' The rocks of the western foothills of the Sierra Nevada can be grouped into two divisions: the "bedrock series" and the younger rocks named as "superjacent series". There is an angular unconformity between these two geologic sequences. The "bedrock" series are generally metamorphosed, and are characterized by steep dips, displaced beds of tightly folded rocks, and numerous thrust faults. In sharp contrast, the younger series are characterized by less disturbed and deformed units of low dip and relatively milder relief. Local Stratigraphy. a. Pre -Cretaceous basement units: 1. Oregon City formation (greenstone boulders): The Oregon City formation is found at Oregon City and along the Oregon Gulch extending to the south and along the Oregon Gulch extending to the south end of Saw Mill Ravine. It is composed of volcanic and meta- sedimentary rocks of Middle Jurassic age. It consists primarily of variegated pyroclastic rocks of interme- diate to basic composition. b. Cretaceous and probably Cretaceous units: 1. Chico formation west of Table Mountain: The Chico formation west of Table Mountain consists mainly of thin bedded and generally cross - bedded marine sandstone of variegated pale yellow, green - and gray colors. By virtue of its broad areal extent, the Chico formation is the most important Cretaceous unit in the Oroville quadrangle. 2. Greenstone gravels at "Cherokee Hydraulic Mine": Limited segments of ancient river channel were uncovered at the "Cherokee Hydraulic Mine" by hydraulic excavations and erosion exposing some 40 feet of coarse conglomerates composed of cobbles and boulders of green - stone. The "greenstone gravels" consist of tuff breccia, bedded tuff, lapilli tuff and volcanic sandstone. Pebbles of quartz and chert are often found firmly cemented by calcite and iron oxide. Overlying the greenstone gravels there is a layer of cobbles and boulders 5 to 15 feet thick referred to as "rotten boulders". The layer represents a more decomposed zone of the underlying "greenstone gravels". C. Eocene Units: 1. Dry Creek formation west of Table Mountain: The Dry Creek Formation is well represented on the west side of Table Mountain and is comprised of a series of gray shales and sandstones with a few inter - beds of conglomerate. The Dry Creek Formation underlies the Ione formation at Oroville north of Table Mountain. A few feet of thin bedded argillaceous sandstone and gray shale are found in the southern part of the Cherokee Hydraulic Mine that resemble the Dry Creek Formation west of Table Mountain. These beds contain abundant amounts of kaolinite. 2. Ione Formation at Cherokee Hydraulic Mine: During the Middle Eocene time, the western foothills of the present Sierra Nevada were under condi- tions of warm, moist climate. Consequent deep chemical weathering has resulted in the formation of a heavy blanket of clay and the residual mantle of granitic and metamorphic deposits. Rejuvenated streams eventually cut deep into this mantle of soft rock material, thus removing and redepositing said materials in lagoons and shallow troughs along the borders of shallow Eocene seas which existed in the present Cherokee area. The highly decomposed and organic constituents were subsequently removed by leaching, leaving behind clay minerals such as Kaolinite and anauxite that accumulated with the more resistant minerals such as quartz, ilmenite, magnetite and other constituents. Subsequent epochs were characterized by wide- spread volcanism, which resulted in the deep burial of the Ione formation by rhyolite ash, andesie flows and basalt flows that formed erosion resistant capping for the underlying Ione formation. In general, argillaceous sandstone and clay - stone of light color constitute approximately 75% of the Ione formation. Thin lenses and beds of siltstone, conglomerate and occasional beds of lignitic coal (exposed at nearby Coal Canyon)'characterize the forma- tion in the Oroville quadrangle. 7 The maximum exposed thickness of the Ione is around 600 feet. The color of the Ione beds is generally white, yellowish -white, with streaks of orange to deep brown at the bottom of the units. The clayey nature of the sandy portions and the high content of angular to sub -angular quartz grains is the most charac- teristic feature of the Ione sands. The white sandy units contain well rounded pebbles of quartz and small amounts of chert. 'The feldspar content is generally very small. The concentration of iron oxide along certain horizons is common, and the consequent staining of underlying beds accounts for the light brown and pale orange colors evident along the hydraulic bluffs. The sand portion of the Ione formation is generally poorly cemented and the clayey sand members are also easily broken up. However, portions of clayey silt to silty clay of dark red and green color on the west side of Saw Mill Ravine are more consolidated and require greater effort to break up. On the east side of Saw Mill Ravine there are a series of small terraces or benches capped by a thin "iron crust" approximately 1 to 6 inches thick. Under- lying these iron crusts on the benches or terraces are so-called "lateritic clay" .deposits containing quartz pebbles and highly decomposed rotten pebbles. The formation of these lateritic clays and "lateritic iron" deposits may be attributed to a weathering process under tropical or sub -tropical climatic conditions, during which silicates are decomposed and leached out under. wave action, leaving a high concentration of alumina and iron hydroxides in the residual mass. The so-called "auriferous gravels" in the Cherokee area occupy the same stratigraphic level as the Ione formation. They represent heavy accumulations of finer and more quartzose gravels. In many places the gravels rest directly upon the deeply decayed bedrock surface which slopes in a south-westerly direction. In the bottom of the ancient channel, at the upper part of Saw Mill Ravine, the thickness of the auriferous gravels ranges from 5 to 40 feet. The auriferous gravels are high in clay content and have a higher concentration of heavy minerals than the Ione formation.. d. Miocene Units at Table Mountain and Sugar Loaf: 1. Basalt (Olivine) : n The basalt cap at the north- end of Saw Mill Ravine ranges from 75 to 80 feet in thickness. The basalt is columnar in structure, and its regional attitude at the top of the cap indicates a strike of north 20 degrees west to north 25 degrees west and a regional dip of 2 degrees to 3 degrees southwest. .The following figure, a generalized stratigraphic column, was prepared, based upon a drilling program, by Spring Valley Minerals, Inc. in 1980. Climate There are no'climatic data for the immediate mine area but general weather conditions recorded nearby at similar elevations have been extrapolated to characterize the site (Cook Associates, 1974; Cherokee Water Committee, Environmental Impact Report). Basically, the mine area can expect to receive around 40 inches of precipitation on the average with 90% of this occurring during the months of October through April. Summer months are generally hot and dry. Soils Soils in the general area can be characterized as deep clays and clay loams. In the mine site proper, soils are reworked dredger tailings which have been stabilized. Ecology In April of 1980, a botanical survey of the North Table Mountain area was conducted by Dr. James.Jokerst, a Botanist with California State University, Chico, and the California Native Plant Society. The following discussion on vegetation is from Dr. Jokerst's report. The terrestrial wildlife.discussion is based on information contained in the Cherokee Water Committee EIR (Cook Associates, 1974). 9 Vegetation Slopes and valleys north and was of Table mountain support three types of plant communities. These are the Oak Woodland, Chaparral, and Riparian Woodland. The borders between the Oak Woodland and Chaparral are often indistinct in the foothill region. These communities will blend or merge together forming a complex mosaic of several vegetation types. Depending upon slope aspect, topography, and amount of precipitation, any given area could support a dense shrubby Mixed Chaparral, a less dense Interior Live Oak phase of the Oak Woodland, or an open park like Blue Oak phase of the Oak Woodland. Usually the drought tolerant Chaparral shrubs will occupy the hot dry south to southwest exposures and the less heat resistant vegetation (Oak Woodland) will be found on the more moderate northerly exposures. Foothill Woodland. This plant association is characterized by an open to dense stand of trees with a less dense shrub understory. The Blue Oak phase of this Woodland occupies the more moderate slopes forming an open, interrupted canopy of trees. The most common elements of the Blue Oak phase are the Digger Pine, California Buckeye, and Blue Oak, forming the canopy with occasional shrubs of Poison Oak, California Bay, and Coffee Berry. An herbaceous grassland layer is present throughout this woodland. On the dryer and steeper slopes, the Blue Oak phase will often merge into a more dense Interior Live Oak phase. Here, the Manzanitas, Interior Live Oak, Blue Oak, and Digger Pine, form a somewhat continuous canopy. A discontinuous shrub layer below this canopy will alternate with a herbaceous layer. Here Poison Oak, Toyon, Deer Brush, Fawn Lily, Long -tubed Iris, and the Wood Rush, are most abundant. The Oak Woodland association covers a majority of the property north of the top of Table Mountain. Occasional patches of Mixed Chaparral are also found here. The slopes immediately below the top of Table Mountain (both north and west of the edges of the top) and in several areas east of Table Mountain, the Live Oak phase predominates. Mixed Chaparral. This plant community occupies a large portion of the survey area. The slopes surround- ing and south of Sugarloaf have a very dense chaparral association. Most of these slopes were heavily disturbed as a result of the past Cherokee Mine activity. A dense Chaparral association is apparently the pioneer community that has re-established itself here. 10 The Mixed Chaparral is composed of a dense growth of broad-leaved, drought -resistant shrubs. Some occasional trees are present and the openings will support some grassland species. Here the most common shrubs are Manzanita, Buck Brush, Coffee Berry, Yerba Santa, and Interior Live Oak. Occasional Digger Pines and Blue Oaks are present. Riparian Woodland. Along the small stream in the northern portion of the property and surrounding the Reservoir south of Sugarloaf, any Riparian Woodland species can be found. This plant association has a dense canopy and understory layer. Most common are Cottonwoods, Alders, Willows, Cat -tails, Blackberrys, Chain Fern and various grasses, sedges and rushes. Rare and Endangered Plants. The records of the Mt. Lassen Chapter, California Native Plant Society, show that four rare and endangered plant species could potentially occur in this portion of the property. The Butte Fritillaria (Fritillaria east-woodiae) and Butte County Checkers (sidalcea robusta) could potentially occur in the Oak Woodland -Chaparral areas. A search of these communities during the flowering period of the Butte Fritillaria (end of March) revealed no populations of this species. In one area, southwest corner Section 33, and outside of exploration activi- ties, the leaves of a species of Sidalcea were seen. Arabis breweri var. austinae is known from the balsaltic cliffs on the west edge of Table Mountain. Upon surveying the cliffs along the northern edge of Table Mountain, a large population of this rare Arabis was found. No individuals could be found on the cliffs along the east edge of Table Mountain. This is probably a result of the past Cherokee Mine operation which stripped sections of the cliff away on this side of Table Mountain. Wildlif e The animal constituents found in habitats described previous- ly for vegetation are those expected to be found in a Sierra Nevada foothills area in this portion of California. There are no known high winter deer concentrations nor deer migratory routes in the vicinity; and there are no threatened or endangered fish or wildlife known to inhabit the area. 11 Hydrology Intermittent streams, small spring -fed pools and some impoundments and reservoirs constitute the surface waters in the general are. Groundwater is" usually potable and is the main source of water for residents in the area. Land Use S Butte County planners have designated -- tural and residential urban. Presently, approximately 50 scattered single family little development in the area. this area as agricul- land use consists of residences. There is I hereby declare under penalty of perjury that I have read and understand the instructions and that the foregoing statements are true, complete and correct to the best.of my knowledge and belief. Date: Harr- Applicant's Signature Date: 7 66 Property Owner's Signature �r � Buffs Co.,Rarm%g Comm N 0 V 19 1986 OrOV&l Caufarwa 12 M LAND OF NATLIRAL WEALT!-I A:JD 3EAI; PLANNING COMMISSION 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965. PHONE: 534-4601 April 23', 1982 Shelley G. Ratner Spring Valley Minerals, Inc. Suite 900, Three park central, - 1515 Arapahoe Denver, Colo-. 80202 Re: AP 41-06-112 Dear Ms. Ratner: Enclosed is your validated Use Permit No. 82-17 to allow the storage of gasoline and diesel fuel on the above -referenced parcel. Please feel free to contact our office, should you have any questions. Sincerely, B. A. Kircher Director of Planning /hd Enc. cc: Paula Leisure Cook f Associates 2060 Park Avenue Oroville, Calif, 95965 HealthDept . t ---Dep t . Public Works ( 2) Fire Dept. CERTIFIED MAIL %-' f J�� r BUTTE COUNTY PLANNING COMMISSION ltd,. USE PERMIT •� April 23, 1982 DATE (Registered mail receipt)' A2_17 PERMIT NO. 41-06-112 ASSESSOR'S PARCEL NO. Pursuant to the, provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: SPRING VALLEY MINERALS, INC. is hereby granted a Use Permit NAME Ran, 89 l9 in accordance with application filed: (date) to allow storage of 200Q gallons of gasoline and 4000 g€a,Ions of diesel fool, approxinatoly 1• F� loyoplw hte�ondoOpefesheenureto hcitnssas the basis for approval of appli- cation and issuance of Permit, constitutes cause for the revocation of said permit in accor- dance with the procedures set forth in the Butte County Zoning Enabling Ordinance. 2. Unless otherwise provided for in. a condition to a use permit, all conditions must be com- pleted by the permittee within 12 months of the delivery of the countersigned permit to the permittee. 3. If any use for which a use 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 shall be required to establish the use. SPECIAL CONDITIONS: 1. Char an arca of all vegetation, leaving only exposed soil,, within a radius of SO foot from the storago tanks 2. Applicant rust also comply with all,othe+r applicable State and local statutes, ordinances and regulations. 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 use permit, and that I agree to abide fully by said conditions. Dated: Applicant } NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. CC: Health Department �— Department of Public Works (2) Fire Department Chairman of Planning Commission • � r 1A, B.UTTE..COUNTY..K . �� I NG COMM I SS ION � COUNTY CENTER. DRIVE - OROVILLE, CALIFORNIA 95965 PHONE: 534-4601 To: Butte County Public Works DATE: January 13, 1982 RE: PROJECT REVIEW AND ENVIRONMENTAL EVALUATION ro Enclosed.is preliminary data our office has received or generated concerning the following project: Spring Valley Minerals, Inc. Use Permit to allow the storage of flammable fuels - 2,000 gallons. .gasoline, 4,000 gallons diesel, located southwest of Cherokee Road, approximately h mile west of the_Town of Cherokee, 12 miles north of Oroville.AP 41-06-12 We are making an assessment of possible environmental impacts and will be preparing Ian environmental document, either a Negative Declaration, Mitigated Negative Declaration or an Environmental Impact Report. Please provide any factual -statements, ideas for investigation, or opinions you can offer in your area of concern or expertise that relate to either physical, -social, or economic impacts that this project may generate. Please respond within 14 days of the above -noted date. If no response is generated by this inquiry, then it shall be assumed that there are no significant environmental impacts which are potential from the project. We appreciate any assistance you can provide. Sincerely, rJ David Bolland Associate Planner Comments: /Ve na;110 A4e4'1_S_ 4d �`. /-Z, 01 (Write or type in space provided & return this sheet.) I4rrLli.d411WJJ a VA wJ6 5 r L-=.-% �G Svc- - 1 jk1 �TE COUNTY p�.A Io cost �� �o� ►�1 �e;�azc,C<c �^ L. 1- �.i LL N I=ARI k VS A?J I)�C� APPI.1CANT: Read and fol v instructions as set forth on reverse sid this form. ALT1G',15 Applicant's name Spring Valley Minerals, Inc. Phone number(303) 623-8317 Applicant's mailing address 3 Park Central, 1515 Arapahoe, Suite 900, Denver,__Ccgl. 802402 Applicants interest in property (Owner, lessee, other) Owner Owner's name and address same as above Assessor's parcel number(s) 41-06-122. Present zoning A-2 Location and size of parcel(.) SE 1/4 Sec. 29 MDBM. See attached site plan --.319+ Acres 1 Street address N/A L _Description of proposed development and use Storage of 2,000 gallons of _gasoline and 4,000 of• diesel. fuel. (Diesel fuel is not listed as a e.. Cc Class I flammable liquid.) 1 . r nrn�mg C4mn% Building construction (state dimensions, square footage and materials used) �� f•� - $ 1982 a. Existing buildings Oraville C�tif_�.•+ b. Proposed buildings N/A Hazardous materials to be used (inflammables, explosives or strong chemicals) Diesel fuel. and gasoline. Daily hours of operation 8 to 5 WA jA W / A Number of -employees Number of off-street parking spaces provided I hereby declare under penalty of perjury that I have read and understand the instructions and that the foregoing. statements are true, complete and correct to the best of my knowledge and belief. X Date Ic2 -i c; Applicant's signature Project File dumber . ql-- oG - (ZZ P / > Location. and size of parcel(s) -!!�76, LI I �096C OF irov!) A.P. Number( ....._...._. _...__. ;�'+ roject Description Zonin and d Re uirements Owneish ip g q 0 Proof of Agency (if needed). oration Description U poples of Plot Plan i (9 tLLi -- g/� Receipt Number O Date Received Application Taken fay Dw2 l� I ter; 7 •�' � • � I —j 0.34, LO 4 i o SHE 286 10 121 yFUEL 15L . e f 2 i H015T � � Q OHoii4E � GH•JB ,� 453.5AC `p LOt 42 �� FJAr ILA 85 O1. Lor' , 9 243.74 Ac 8 68 095 4G ., s i 72.2 AC II -- CERTIFIED MAIL May 18, 1976 mr. Robert W. Adams c/o Minasian, minasian, ninasian, Spruance and Saber P0Box 1679 Oroville, Ca. 95965 Attention: William H. Spruance Re: Use Permit on AP 41-06-39.& 40 Gentleman; Enclosed is Use Permit No. 76-55 to allow handling, use, and storage of explosives on property on the south side of Flag Canyon Road, south of Cherokee, north of Oroville, as identificii above. This permit has been validated by the Chairman of the Butte County Planning Commission. Should you have any qu6stions concerning this matter, please feel free to contact this office. Sincerely, .-*tit '0' ^,+� IA 1 ^�Lawrehca J.' -Lawson \SDirector of rplanning Enc. ` ccs Butte county a Dept of is 0 9 t) 1 ..... _ w.. ,�ti * �J-�, ..a, c � { .:. t. t: ,1 •..R...i .� � :R.[,:;i.. .1. , ,. .. .- - .e .. _ '�. ._ i 1.'.. .1'A -R 1.x.1. �-� !y'..�..:i.4�-.�1�Wi.+ f.: •`G ... rl �;_ . .va ... tri } .. �. ►: ... } _ � CJI DEPT PT Or PURL /,c 8U �/ KS -MAY. 46 : �,; April 16, 1976 Robert W. Adams .c/o Minasian, Minasian,'Minasian, Spruance & Baber P. 0. Box 1674 Oroville, CA 95965 *Re: Use Permit AP 41-06-39 & 4'0 . Dear Mr. Adams: At the regular meeting of -the Butte County Planning Commission. held April 15, 1976, your app=licatioh for a Use Permit to allow handling, use and storage of small amounts of explosives in connec- tion with underground exploratory mineral sampling on property zoned A -2, -located S of Flag Canyon Rd. and the Townsite of Chero- kee,.containing 803.4 acres, more or less, was approved subject to conditions. This Use Permit will be issued on April 26, 1976, after the eight (8) day appeal period has lapsed. Should.you have.'any questions,.please feel free to contact this office. S-in.cereIy, ` LAWRENCE J. LAWSON DIRECTOR OF PLANNING /md cc: Health Dept. v Public Works Dept. 4V 0 N O co G� m U U os > D 9)- .1. 1_ aO o 0 6iC To �. G.ar_y�Flanery,yDept.__of__Public Works R.EQUEST: Review and Coop-Ifento ,gip N ° AP 41-Q6�39 '40 ONE: A-2 (General),�� DESCRIPTIOM OF PROJECT: Us_ -e Permit to allow handlin m use, and stora e am_o_,unts of explosives in connection with underground ex7:� ---.P, mineral. samplinge.— LOCATION: .aSouth—of�NFlag� Canyon_Rcj and the Tov nsite .qCherokee,. con ..._.e.,.a..tain ng -80,3..4. acres,., nLore.-o-r.;—less._ AP PL I CANT: —ROBERT—W.;.,-ADAMS --._....�_�_ _ c �.� o Minasian, asian;-Minasian, Spruance & Baber ACiRrSa Pa 0<.F,Box.,l_674r,a Orovl,le;—CA 95965 .�.�_ OW- ER ^....�.�Adamss:—Pc:l,:_.3:9_- Cherokee..�industries, Inc. Pcl 40 COMMISSION ACTION -SCHEDULED: :u " 4 Nkf3.R0N'MENTAEL REVIEW RETURN DATE REQUESB'EQo DATE - ATTACHMENTS: f application and. a o P -Lm. RETURNED: REQUIREMENTS AND COMMIENTS - � ,. �'•.j.v -. .fir. - 9,jjo-vvF, 7.. via ISOoM ENVIRONMENTAL REVI''E�l4 INFORMATION SHEET A P P I CANTe Rf9;�FR�E c F_�I�hB$I1,r�naar�,�i na ars_, ..aa,Ac �.rna�r ADDRESS96S RFC£I PT NO: I2:96 AP Na 0R L0CAT10 N E VI RIOWIN',ECTAL REVIEW SCHEDULED:, . /22,/76 NEGATIVE DECLARATION FILED WITH COUNTY. CLERK: PROTEST REC.D: HEARING DETERMINATION: EIR RE Ul bate.' APPLICANT NOTIFIED: PROTEST REC' D: COMMISSION HEARING: DETERMINATION NOTICE -OF DET ERMINAT.I'ON: PROTE'S'T REC' D: BOARD, HE'ARING : DETERMINATION NOTICE OF QE'TERMINATiON : APPLICANT SUBMIT INFORMATIONS: ;INITIAL DEPOSIT:­$100.00- RECEIPT NO: _ INFORMATION TO ERC: DATE ACCEPTED: TOTAL ESTIMATION ..DATE REC ° D : RECEIPT NO: DRAFT EIR TO ERC: NOTICE OF COMPLETION FILED: STATE CLEARINGHOUSE NO: DAVE RECEIVED: DATE REVIEW PERIOD. ENDS: PLANNING COMMISSION -HEARING DRAFT: - APPEAL REC°D: BOARD OF SUPERVISORS HEARING DRAFT EIR: FINAL EIR ADOPTION BY: DATa:, CERTIFICATION DAVE: • 0 APPLICATION FOR ENVIRONMENTAL REVIEW When application has been made.to the County of Butte for approval of a project which is not ministerial and is not categorically exempt from environmental review.requirements, the applicant is required to submit this additional application, together with a fee of $10.00, to the Environmental Review Committee, c/o the Planning Department, 7 County Center Drive, Oroville,. California, pursuant to Sections 5B and 5C of the County of Butte Procedures, for implementation of the California Environmental Quality Action of 1970. Receipt No. III& APPLICANT TO.COMPLETE Name & Address �iz�%�/:�di4/145 �/f'I^'��;•�'v/1/.:�,s�6G4rv� �11.��s�•�• �5��c.�ac� :ME ZZ t - ;2 x7 Ik 74 tOACdJ'/_- (,4 AP No. /1/ 1. Project Description 70,y,,yF Z/NC /fJ/NF'24�/G4S. xe/f?�oV /L f'2j�•7���5/L/�D ©.v.0 ,1J�C"QGSe !' /N //i/UdPn I, �h'��C(S/dcQ4 (t >� ,'.cii.1Gve,ev 2. Applicant's status// (local //nualic agency, state agency, private firm. /iV�i or individual) 3. Funding.Source (.FHA, HUD, etc.) 1�w0S 4. Location, general description (Location map to be.provided) sj,c ��32 - .Si �c�.2 �� 7-.7-614/ �i� � 5. Generalized physical description of the project - size, type of. terrain, outstanding physical features, at . reis-15/6 �5 7Ti/Z C) ,AJC TiE � S%dam/ Ci T !C/ 6 ri' it�9 %CSN/✓EL .S /,V Al 6. Total projected cost -/,-v �c�c'�sS ��� �yoi000 7. Anticipated scheduling 17ecl" CT�/ T �•Jr :J�'�IO�V �I S LJS S/ ��� / d A/&J- T -Z �� �/ /LD• 8. Associated projects (include the ultimate project even if the project is .to be completed in stages or phases) . �� �iQiY/Y.F►O c'� %�l%5 fi%r� � � /� ,mss c •L � o r�/Tei 5 � GC.- l F _7'/l P2 /y!i/l///YG &%7 e12, -777G1 NS CT /'-Q 7�C�llS/�J �E� r /�liiV /%GJ C'�j�P/ZQCls2ol 40 L&iidie 6e-. 6 j Qc o r7 cy S Signature - ! . J N. A4 M. 4a. S. 494f � � � tax A►" Q40�005 E ' Y _ f i C �y 3"1 Ac. /20Ac. 2.3 r ,. `;, Q Lor 4' —'--'J o tt O S 8 E 886-4 ecs } 3498 12/ 104.72 Act 0(/ � J � fy ;<. � 'y ,�' ► r � • v /�etep GR 4B 453.5AC Lot 42 F AT ES F•• 86 I r ' / 52.3AC ® 349.9,11C; 49 40Ac. ' �' -- I 42,40. f o 34 93 V B5 Lot 39 � IS9.28ac. 74 AC 68.085 AC. © —� �L:►�;etisld 4 Rss. 72.2 AC 88.2 4 AC. `���� e • r 1 56.2/Ac. AssisIbriMa No. 4 f ; NOTE—ASSESSORS PARCEL BLOCKt alif. Coun yf Otte o Butte, C z - "Cherokee Lakes Basin" by 0. Paxton 14Q.2or30 & LOT NUMBERS SHOWN OCT. /960 , SUR V E• Y IN aRCLES r 0 0 61 rte- tn C -n cjo cn 0 0 61