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HomeMy WebLinkAbout025-160-031 (4)y � t °DEPARTMENT OF CONSERVATION S T A T E O F C A L I F O R N I A February 20, 2001 SECOND NOTICE OF DEFICIENCY TO MINE OWNERS FAILURE TO FILE 1999 MINING OPERATION ANNUAL REPORT OFFICE OF MINE RECLAMATION ■ ■ ■ WESTERN TREE NURSERY, INC 8 0, K STREET 3873 HECKER PASS HWY SACRAMENTO GILROY, CA 95020 CALIFORNIA 95814 Dear Mine Owner: PHONE 916/323-9198 - CALIFORNIA MINE ID# 91-04-0016, LA FEVER TOPSOIL, ETC. FAX 916/322-4862 The Department of Conservation sent you a letter dated December 7, 2000, INTERNET giving you notice of failure to file the 1999 Mining Operation Annual Report for consrv.ca.gov the operation named above. Our letter also notified you that failure to file the ■ ■ ■ required report within thirty (30) days of your receipt of that letter, could result in GRAY DAVIS the assessment of a .daily administrative penalty. As of February 20, 2001, our GOVERNOR office has not received the required 1999 Mining .Operation Annual Report and • reporting fees. This letter is final notice that the 1999 Mining Operation Annual Report must be received by this office no later than March 16, 2001 or a daily administrative penalty will be assessed. PRC Section 2774.1(c) states that failure to file the required annual report shall result in an administrative penalty of up to. $5,000 per day. Please send the required report and fees to: Department of Conservation Office of Mine Reclamation 801 K Street, MS 09-06 - Sacramento, CA 95814-3529 If you have any questions, or need an additional report form, please contact our office at (916) 323-9198. Sincerely, Glenn Stober Assistant 'Director' RE CEIVED c/: SMARA Lead Agency MAR .7 2001 BUTTE COUNTY PLANNING DIVISION .OROVILLE, CALIFORNIA B. Roy LaFever - Use Permit/Mining Permit/Reclamation Plan to allow — " extraction/removal of -topsoil in ' a 3 acre area with' associated selling of landscaping supplies and related sales in a 1 acre portion of the approximately 132 acre parcel. Reclamation to encompass the 3 acre borrow pit, 1 acre sales yard and 3.75 acres of previously mined areas on property zoned "U" (Unclassified located approximately 6 miles- south of . Oroville along Highway 70, identified as APN 025-160-031. (Continued open from February 13, 1997) C. Roy La Fever - Violation of Public- Resources Code Section 2774.1(a) regarding surface mining for La Fever Top Soil: An order has been'issued by the Department of Public Works under Butte County Code Section 13- 166(b)(1) which indicates that a Mining and Reclamation Use Permit is required for La Fever Top Soils. The Butte County Planning Commission under- section 13-104 of Article II, of the Butte County Code is holding a public hearing to- affirm the- finding of the Butte- 'Countyy7Public Works h Department. Stephen Hackney said that the applicant has requestedra continuance. of.the.above.items to May -8, 1997, due to the honeymoon of the project engineer. it.was,moved.by Commissioner Nelson, seconded. by -Commissioner Leland, and carried unanimously, to continue the above hearings to May 8, 1997. l t� B. Roy LaFever - Use Permit/Mining Permit/Reclamation Plan to allow — " extraction/removal of -topsoil in ' a 3 acre area with' associated selling of landscaping supplies and related sales in a 1 acre portion of the approximately 132 acre parcel. Reclamation to encompass the 3 acre borrow pit, 1 acre sales yard and 3.75 acres of previously mined areas on property zoned "U" (Unclassified located approximately 6 miles- south of . Oroville along Highway 70, identified as APN 025-160-031. (Continued open from February 13, 1997) C. Roy La Fever - Violation of Public- Resources Code Section 2774.1(a) regarding surface mining for La Fever Top Soil: An order has been'issued by the Department of Public Works under Butte County Code Section 13- 166(b)(1) which indicates that a Mining and Reclamation Use Permit is required for La Fever Top Soils. The Butte County Planning Commission under- section 13-104 of Article II, of the Butte County Code is holding a public hearing to- affirm the- finding of the Butte- 'Countyy7Public Works h Department. Stephen Hackney said that the applicant has requestedra continuance. of.the.above.items to May -8, 1997, due to the honeymoon of the project engineer. it.was,moved.by Commissioner Nelson, seconded. by -Commissioner Leland, and carried unanimously, to continue the above hearings to May 8, 1997. c�1Tt�c 0 0 , Inter -Departmental 0 _ o Memorandum ' c0U Nay . TO: Barry Hogan, Planning Manager FROM: Mike Crump, Director of Public Works SUBJECT: La Fever Mine - CA Mine ID #91-04-0016 DATE: January 31, 1996 In response to your questions regarding the La Fever Mine, below please find a chronology of events and what I believe Mr. La Fever needs to do to be in compliance with the County. • Sometime after May 15, 1995, the County received Mining Operation Annual Reports from Mr. La Fever for the year 1991, 1992, and 1993. (Copies ; attached) June 15, 1995, 1 sent a letter to Mr. La Fever say we do not have a permit on file for his mine and to contact Department of Development Services - Planning Division to obtain details on how to comply. (Copy attached) • August 7, 1995, 1 met with Mr. La Fever.. Mr. La Fever said he discussed his situation with Craig Sanders with the reslt that he did not need a County ' permit. I inspected the site and indicated I believed he did need a.permit but: would check the County Code and get back to him. • September 25, 1995, I sent a letter to Mr. La Fever noticing him that he did in fact need a permit. (Copy attached) • October 17, 1995, the County received a 1994 Mining Operations Annual Report for La Fever Mine. (Copy attached) • November 8, 1995, a letter was hand delivered to Mr. La Fever noticing him to' comply with the County Code. (Copy attached) Section 13-1.04 of Article II requires that any person who engages in surface mining operations as defined in the article, shall submit an application for,aamining permit, reclamation plan, and use permit if the zone requires, to the County Department of�Development.Services - Planning Division. - • n, The final step is when the. Public Works Department issues an order to comply (see draft attached). The order shall not take effect until the operator has been provided a'hearing before the planning commission. I assume the Planning Commission, after the hearing, needs to decide.whether the operator is in compliance with the County Code or not. _. t . 4 •, a , N .• V'' _� 1w Ti T Y y e'fef - �� .11. r ,.. •e . f3 -. , �, 1 Y _ C - [ - yr 3 Y . L ,r . ;�6, k ^53,. --•F ,State of California ` y T GINE ID•#. — DEPARTMENT OF CONSERVATION _ r ,Y ; =a• ; �/ �L� �_. MINING ,OPERATION ANNUAL MRRC 2 Page 1 (Revisedzf it t . ~ '::;• , . ted 1 .Mine Name '- V� y j Opera 40 Site Contact Person �= =` Mine Stre Address/City'' Telephone'_ Mine Maili Address city. _ State/ZIP Code . ITEMS 2 THROUGH 9 A E PRECEDED'BY;-A BOX 4HICH MAY BE CHECKED IF THERE ARE "NO CHANGES IN .THE INFORMATION FROM THE LAST REPORTING YEAR. THIS- BOX-IS'LABELED N.C. IF 2, Owner.of Opration r - AJAJ N.C. State7ZlCode:_ le Was this operation purchsed doting repo►tin HIS IS THE FIRST TIME YOU HAVE FILED ALL SECTIONS MUST Mailing Address -- BE COMPLETED. City. _ . — eAeW ?to r�`"o = ; Country.(if other than U.S.A.)..:-_. Telephone = ' .. City ZIP Code Telephone ` eat Q" 4. Landowner ❑ Yeg:" If yes; date of purchase - - .No'. .3. Desig Agent's Name - z,4 Mailing Address City ZIP Code Telephone ` Q" 4. Landowner - Assessor's Parcel # - - l N❑C. / Mailing AAress Telephone aw 2a City/State/ZIP Code Country (if other than U.S.A.) ❑ �ez Z N.C. 5. SMARA Lead Agency (city OR county ONLY) �J Reclamation Plan CHECK, ¢NE . ❑ Approved on (date). Attach copy with amendments, conditions, and PROOF of approval. Pending. Submitted to Lead Agency on���r (date)FfACH PROOF;flFa 3UBAAFITAi ❑ On Appeal. Submitted to SMGB on (date). ,T7ACHPf�QF �pFSUBMt1TAL; ,: IF APPLICABLE, INFORMATION REOUIRED IN ITEMS 6 THROUGH 10 MUST BE PROVIDED FOR EACH SEPARATE PLOT 6. ATTACH NAMED U.S. GEOLOGICAL -SURVEY MAP -7.5' OR 15' QUAD—SHOWING BOUNDARIES OF MINING OPERATION N.0 Latitude - Longitude Section Township Range Base Meridian Quad Name County two dd&H, o 3 Wes ❑ N.C. do 7. Type Code(s) of Mining Operation &EE'EXHI0If*F4R. _TYPE.;COQES ' DISTRIBUTION: White --State Yellow—Lead Agency Pink—Operator -`•i • .. �. _ �• = �3 ` � f -�. ' • `` y .T . _ - Sta�te of California CONSERVATION � fir; � _�' , ., , CINE DEPARTMENT OF MINING OPERATION' ANNUAL REP - MRRC1 Page 2 (Revised 4/92) NC ❑ Permitted. Acres 8 Permd ,. :• - 'Vested: Acres disturbed prior to ilanuary 1; 197f3 - ❑ Federal Lerida: Acres & Permt/IDtt '; - •' *; _ ❑,._. 9. $ Current total assessed value of mining operation as established by County Assessor's Office .- 10. -Status of Mining Activities DURING THE REPORTING YEAR C,OMPLE;iE SEC IONS ,AS uB; AfVL1 G �. £ Active '-, ;.:•.•.- - _. -, �:: - .,.. -.. - - _ _ ._ . ,� _� No Binger in operation with no intent to resume Date mining ceased =; ',Newly.Permitted—Nott yet_ in-opatioa..8ate permitted -9s_� �. El (as defined.'in.Public 61 sources Cod: §2727.1). Complete the, following: -_ Date. operation became idle . ❑ Copy. of Approved Interim Management Plan attached.-_.'. : ; •= _ " �' -•••. �" ❑ Interim Managert nt Plan pending with Lead Agency. Submitted on (date). V,ATTAGHAIAOOP: Sl3BMIITTAk B. Number of Acres subject to. Reclamation Plan .. Reclamation not started_ ` Reclamation in progress (attach updated reclamation plan map indicating progress) ' - ❑ Reclamation certified complete by Lead Agency (attach certification.) Financial Assurances released (date). _ C. 1. Approximate Approximate disturbed acreage at beginning of the reporting year 2. 42 mg4 � Approximate acreage disturbed during the reporting year I 3. (ADD LINE 1 TO LINE 2) 4. 10, Approximate disturbed acreage reclaimed during the reporting year 1 5. ( `(SUBTRACT LINE 4 FROM LINE 3) Approximate disturbed acreage remaining at end of reporting year 11. ❑ YES: Financial Assurances approved by Lead Agency. Attach copy, and proof of approval. Compiete below for approLed'Financial'A§surances:, Amount Type Date Posted Expiration Date or Renewal Date (if applicable) NO: Financial Assurances NOT approved by Lead Agency. Check reason below: k ❑ Financial Assurances pending with Lead Agency. Submitted on (date).;ATTACH: PROOF -:;OF' SUBMITTAL` ❑ Financial Assurances appealed to SMGB. Submitted on (date). ATTACHzP_RgOF OFS(7BMITTAL i �• 12. ❑ YES NO Inspection completed by Lead Agency during the reporting year. Attach the yellow copy of Surface Mining Inspection Report (MRRC-1). If inspection report is not attached, please explain on Page 4.. - - " DISTRIBUTION: White—State Yellow—Lead Agency Pink—Operator 92 93996 S > tate of California CRIWE 1D# DEPARTMENT OF CONSERVATION MINING OPERATION ANNUAL* REPORT MRRC1 Page 3 (Revised 4/92) 13. COMMODITIES AND PRODUCTION WW,*HIIW PRODUCTION INFORMATION IS PROPRIETARY AND WILL BE KEPT CONFIDENTIAL PURSUANT ;TO GOVERNMENT CODE SECTION .6252 Check here Category if No Number. Production Commodity (from for a Total Production (from Exhibit B) Exhibit B) commodity (Units of Measure from -Exhibit 8 only). A. PRIMARY COMMODITY PRODUCED.13Y :OPERATION B.LIST ALL OTHER. _:.CoMMObITIES:':'._�' 14.-:REPORTING, FEE SCHEDULE: USING BOTWYOUR CATEGORY NUMBER AND TOTAL PRODUCTION FROM 13(A) ABOVE, REFER TO EXHIBIT C TO FIND YOUR 'CORRESPONDING PRODUCTION RANGE AND FEE- ENTER YOUR PRODUCTION RANGE CODE IN 14(A) AND CORRESPONDING FEE IN 14(B) BELOW. A. PRODUCTION RANGE CODE".. B. REPORTING FEE ATTACHED $ FROM': EXHIEf1T'1 SUBMITTED BY: Your Name (Please print) Zoo Your Mailing Address City/State/ZIP —90&a ell A% !A �7 .Your Telephone Number I certify that the information submitted herein is complete and accurate. (failure to submit complete and accurate requisite information may result in ar esrcei administrative penalty as provided for in Public R Section.2774..1).. , SIGNATURE OF SUBMITTER DATE I am: OWNER EI LESSOR 0 LESSEE E-I'AGENT ' El MANAGER El OPERATOR OR [3 OTHER PERSON (specify title Please mail Annual Report, reporting fee, and ALL required attachments to: DEPARTMENT, OF CONSERVATION Office of Mine Reporting and Reclamation Compliance 801 K Street, MS 09-06 Sacramento, CA 95814-3500 DISTRIBUTION: White—State Yellow—Lead Agency Pink—Operator 92 9399, DISTRIBUTION: White—State Yellow—Lead Agency Pink—Operator _ �� 92 93M Sta�e of.Celifornie _. °� ^CA^MINE Com/ -ID DEPARTMENT OF CONSERVATION MINING 'QPERATION ANNUAL QEPQRT MRR612 Pape 'd (Revised 4%92) ^ :Z" } •i ,F�. - c -4Y` _ _t .�,i_ _�Y' _ 5. - S.,,v,�`u •F.F}`'a�`4- I. AooldO :; 3.. k - - a ' •.•a�YJ13�s � - ..��,. ti�. yam+'.',. n r DISTRIBUTION: White—State Yellow—Lead Agency Pink—Operator _ �� 92 93M State•of Califomia bEPA�iTMENT OPCON6I iVATION " :r t . C ; P � EL ,� �fi. ID#r _1Gd OPERATION ANNUAL`REPORT :' AMINE MII�TING r f1pp (Revised Z9for 1992 g Year) . 1. Mine Name 'c' -' Operated by Zq eye Stata2lP.Code �f"° .Site Conffict Person s , -} Mine S et Address/ ity ' v p z Telephone: p { _ PAL yx Mine ling Address s,' n � r 7 ` _, b �r. Ctty = a Sffite21P Code 'µ V1►as'thfs'o eratlori puichase9 by ydu .. 11TEMS 2 THROUGH 9 AROPRECFDED BY A:B6X Wh46H MAiBE CHECKED REPORTING YEAR THIS BOX IS LABELED N G OF THIS IS THE FIRST IJ0 I ' HANGES TIME YOU HAVE FILED ALL IN THE INFORMATION FROM THE LAST SECTIONS MUST BE COMPLETED.) - IF APPLICABLE, INFORMATION REQUIRED IN ITEMS 6 THROUGH 10 MUST BE PROVIDED FOR EACH SEPARATE PLOT Ac. 6. ATTACH NAMED U.S. GEOLOGICAL SURVEY MAP-7.5'OR 15'QUADSHOWING BOUNDARIES OF MINING OPERATION Latitude Longitude Section " ; Township Range Base Meridian Quad Name County N.C.. - s EXtrr a, Foa r�cp.c�Ds> 7. Type Codes) of Mining Operation - DISTRIBUTION: "' ,-.'White--State Yellow—Lead Agency Pink—Operator rn aatros ' r, r;4 _ _ 2 Owner of Operation ailing Address (This used M re address will be ed to - City .. := . _ sendnext year's report form) Stata2lP.Code �f"° _ Country Mother than U.S Telephone V1►as'thfs'o eratlori puichase9 by ydu Wa's ffiis operauortsoldy you during reporting eaft t - - ❑ Ye$ If yes, date of purcFtase ❑ No : ❑, Yes. If yes, date of sale - — _ ❑ No - 3. Designated Agent's Name - Mailing Address = ZIP Code Telephone 4. Landowner Assessor's Parcel # _ N.C. Mailing Address ` ;" ` - hone _ CtWSffite/ZIP Code Country (if other than U.S.A.) 5. SMARA Lead Agency (city OR county ONLY) N.C. Number of acres subject to Reclamation Plan: Reclamation Plan Status CHECKONE ❑ Approved on (date). _ Attach copy with amendments, conditions, and PROOF of approval. _.. g^ .Submitted to.Lead ency on. ❑ PendinAg . (date). ATTACH P..RQOF 0E00001 #4 ; ElOn Appeal. Submitted to SMGB on (date). 'ATTACH: PROOF OF SU�MITTAl.. IF APPLICABLE, INFORMATION REQUIRED IN ITEMS 6 THROUGH 10 MUST BE PROVIDED FOR EACH SEPARATE PLOT Ac. 6. ATTACH NAMED U.S. GEOLOGICAL SURVEY MAP-7.5'OR 15'QUADSHOWING BOUNDARIES OF MINING OPERATION Latitude Longitude Section " ; Township Range Base Meridian Quad Name County N.C.. - s EXtrr a, Foa r�cp.c�Ds> 7. Type Codes) of Mining Operation - DISTRIBUTION: "' ,-.'White--State Yellow—Lead Agency Pink—Operator rn aatros ' r, r;4 _ _ C. G>C0MP.LETE;ENTIRE SECTION. Approximate disturbed acreage at beginning of the reporting year (This figure should match the figure from Item 10.C.5 on your last annual report.) 2. A e,_ Approximate acreage disturbed during the reporting year 3. (ADD LINE 1 TO LINE 2) 4. X Approximate disturbed acreage reclaimed during the reporting year 5. ;L (SUBTRACT LINE 4 FROM LINE 3) Approximate disturbed acreage remaining at end of reporting year 11. ❑ YES: Financial Assurances approved by Lead Agency. Attach copy and proof of approval. Complete below for approved Financial Assurances: Date of Annual Review Expiration Date or Amount Type Date Posted by lead Agency Renewal Date (if applicable) NO: Financial Assurances NOT approved by Lead Agency. Check reason below: ❑ Financial Assurances pending with Lead Agency. Submitted on (date). ATTACH PROOF OF;St1t3MITTAL`> •' ❑ Financial Assurances appealed to SMGB. Submitted on (date) ATTACH PROOF OFStJgM17TAlL; ❑ YES I NO Inspection completed by Lead Agency during the reporting year. Attach the yellow copy of Surface Minifig Inspection Report (MRRC-1). If inspection report is not attached, please explain on Page 4. DISTRIBUTION: ' White- -State Yellow -Lead Agency 'Pink—Operator A'PRIMAR immo Sate of California DEPA NTCONSERVATION 0 PRODUCED RODU CA MINE EN. MINING OPERATION ANNUAL REPORT MRRC-2, Pfigi,3— PRODUCEDTION 13�� (Revised 4193 for 1992 Reporting Year) 7; 7 .... 13..COMMODITIES AND PRODUCTION 'Ji.SE;EXHIHIT B Ola COMMODITIES ...... 04 PRODUCTION INFORMATION IS PROPRIETARY AND WILL BE KEPT CONFIDENTIAL PURSUANTTO GOVERNMENT CODE SECTION 6252 Check here TOTAL PRODUCTION Category if No :Number. Production CHECK ONE Co�i� '81ty �)!r -(from fora Amount of Short' Troy (from Exhibit B Exhibit B) commodity Production 'Tons Ounces Pounds A'PRIMAR immo PRODUCED RODU Z� P PRODUCEDTION 13�� 7 14. REPORTING FEE FEE SCHEDULE: "USING BOTH YOUR CATEGORY NUMBER AND TOTAL PRODUCTION FROM 13(A) ABOVE, REFER TO EXHIBIT C TO FIND YOUR CORRESPONDING PRODUCTION RANGE AND FEE. ENTER YOUR'PRODUCTION RANGE CODE IN 14(A) AND CORRESPONDING FEE IN 14(B) BELOW.- - -RANGE"CODE f 9" A. .'PRODUCTION B. REPORTING FEE ATTACHED $ y= Name (PI ..Your Mailing A City./statealp Your Telephone Number %6.., C-0, __7 � %6,0 I certify that the Information submitted herein is complete and accurate (failure to submit complete and accurate requisite information may result in an • administrative penalty as provided for In Public sources Cod I- ec on SIGNATURE OF SUBMITTER DATE S— m: 0 AGENT C3 MANAGER C3 OPERATOR OR OWNER 0 LESSOR .0 LESSEE 0 OTHER PERSON (specify title Please mail An . nual Report, reporting' fee, and AU required attachments to: DEPARTMENT OF CONSERVATION -of.M n .--.Officd 1 6 Reporting and Reclamation Compliance 01 Kttieet, MS 09-06 .,...Sacramento, CA 95814-3529 DISTRIBUTION: WhitetateYellow—Lead Agency Pink—Operator 92 03997 toy 7O City ZIP Code' Telephone • �,. 'ITEMS BELO,�N WHICH ARE PRECEDED . BY A BOX.' LABELED :;N.C:`.MAY-BE CHECKED=IF THERE ARE, -NO CHANGES IN THE .INFORMATION FROM :THE BLAST ;REPORT_ ING 'YEAR. r(NOTE:':IF. THIS IS THE FIRST :TIME SOU .HAVE FILED . A REP RT. SECTIONS.. MUST4,BE:.COMPLET - ED.) _ Owner ofMining Operation StatofrCalif�rnis Mailing Address (this addresswill be used to send next year's report form) ' DEPARTMINT OF CONSERVATION_`:. _T,.. City State/ZIP Code MINING OP RATION ANNUAL REPORT w . CA MINE ID # : D "• fJ O . MRRC-2 Page 1 ifyes, date of purchase ❑ No. ❑Yes. -If yes, -date of sale ❑ No. -- (Revised 04/94 or 1993 R ortmg Year) MINE NAM E - :.. ,r 1. Company Operating- ° : - •::...; ..,...-.', :;ir.,;.;•. ; :.,•:,, = ?r 9: _ Site Contact Person _�� Telephone _ City/State/ZIP Code Country (If other than U.S.A.) SC Street Address/P O Box No. k , T Ctty State/ZIP Code/County zr _ 2. Designated;Agents Name .. Jf.n, _ •,. _ Malting Address toy 7O City ZIP Code' Telephone • �,. 'ITEMS BELO,�N WHICH ARE PRECEDED . BY A BOX.' LABELED :;N.C:`.MAY-BE CHECKED=IF THERE ARE, -NO CHANGES IN THE .INFORMATION FROM :THE BLAST ;REPORT_ ING 'YEAR. r(NOTE:':IF. THIS IS THE FIRST :TIME SOU .HAVE FILED . A REP RT. SECTIONS.. MUST4,BE:.COMPLET - ED.) _ 1AMPIP „7 ,QNt .Y.-1 ❑ Newly Permitted—Not yet in operation. Date Permitted Active. ❑ rdle as defined in Public Resources Code Section 2727.1). Complete the following: Date operation became idle ❑ Copy of Approved Interim Management Plan attached. ❑ Interim Management Plan pending with LeAd Agency. SATTACA5PR00F 'OE SUBIiA1TTAL` ❑ Closed with no intent to resume. Date mining ceased ❑ Closed—reclamation certified complete by Lead Agency. Date mining ceased 6. Status of Reclamation Activities DURING THE REPORTING YEAR CHECK: I.O.NLY Reclamation not started. ❑ Reclamation in progress (attach updated reclamation plan map indicating progress). ❑ Reclamation certified complete by Lead Agency. ".-ATTACH CERTIFICATION Reclamation certified complete on (Date). Financial Assurances released on (Date). DISTRIBUTION: White—State Yellow -Lead Agency Pink—Operator va vriaa Owner ofMining Operation Telephone _ Mailing Address (this addresswill be used to send next year's report form) City State/ZIP Code Country (If other than U.S.A.) - - Was this operation purchased by you during reporting year? - - - Was this operation sold by you during reporting year?. --: ifyes, date of purchase ❑ No. ❑Yes. -If yes, -date of sale ❑ No. 4. -Landowner Assessor's Parcel # ' N.C. - Mailing Address Telephone City/State/ZIP Code Country (If other than U.S.A.) 5. Status of Mininn Artivif iu rN IDIIJ!_ TUC DeonOruir_ VCA , 1AMPIP „7 ,QNt .Y.-1 ❑ Newly Permitted—Not yet in operation. Date Permitted Active. ❑ rdle as defined in Public Resources Code Section 2727.1). Complete the following: Date operation became idle ❑ Copy of Approved Interim Management Plan attached. ❑ Interim Management Plan pending with LeAd Agency. SATTACA5PR00F 'OE SUBIiA1TTAL` ❑ Closed with no intent to resume. Date mining ceased ❑ Closed—reclamation certified complete by Lead Agency. Date mining ceased 6. Status of Reclamation Activities DURING THE REPORTING YEAR CHECK: I.O.NLY Reclamation not started. ❑ Reclamation in progress (attach updated reclamation plan map indicating progress). ❑ Reclamation certified complete by Lead Agency. ".-ATTACH CERTIFICATION Reclamation certified complete on (Date). Financial Assurances released on (Date). DISTRIBUTION: White—State Yellow -Lead Agency Pink—Operator va vriaa State of Calif DEPfjR�T' �- OIX CO�ERVATION - MINING OP. RATION ANNUAL�.REPORT _. MRRC-2 \ P t- (Revis,i 04/94 for 1993 Reporting Y&ir) CA MINE ID# 7. . ❑ -YES NO Inspection. completed by Lead Agency, during the reporting year. If yes, attach the yellow copy of Surface Mining Inspection Report (MRRC-1).-If inspection- report Is not -attached, please explain on Page 4. -•- ?• . S. SMARA-Lead Agency (city OR county ONLY) - + N.C. Number of°acres subject to Reclamation Plan: - Reclamation Plan Status GH lCOt ❑ ,No Plan �: ❑ ApproG ed on = _ .(date): Attach copy with ameridments, conditions, and PROOF of approval. - ❑ Pending" Submitted to Lead Agency on - (date). �ATIAGH PROQ��OF�ySIJBMITTAI ❑ On A{peal. SutSmitted to SMGB on (date).:_ ,ATTACHiRROOF O_,SUBMtTTAE�' g g� :. e. _,..._ �:•_,:..-Y rx ••:,:: _ t... 9. ❑ YES: Financial Assurances approved�by Lead Agency. ATJACH�COPY,IND PR11 OOF OF aPPROYAL ,._ Complete below for approved Financial Assurances: �_ • •�!�,z• . _ . - - Date of Annual Review Expiratloe Date or Amount - � Type : . _ _ Date Posted by Lead Agency - Renewal Date (if applicable) _ I NO: Financial Assurances NOT approved by Lead Agency. Check reason below: ❑ Financial Assurances pending with Lead Agency. Submitted on ' (date) ATTACH, PR00F:::OF ;SUBMITTAL ❑ Financial Assurances appealed to SMGB. Submitted on (date) ;'ATTACH'PRbOF�:OFSUBMIT'TAC.:' ' . IF APPLICABLE, -INFORMATION REOUIRED IN ITEMS 10 THROUGH 13 MUST BE PROVIDED FOR EACH SEPARATE PLOT - 10. ATTACH NAMED U.S. GEOLOGICAL SURVEY MAP -7.5' OR 15' QUAD—SHOWING BOUNDARIES OF MINING OPERATION N.C. Latitude Longitude Section—Township—Range—Base Meridian Quad Name County 11. Type Code(s) of Mining Operation ;,SEE EXHIBIT-A'FOR TYPE CODES N.C. 12. DISTURBED ACREAGE COMPLETE ENTIRE'SECTIOIV =`_ 1. -Approximate=disturbed-acreage at beginninga of the reporting --year: (This •figure should= match the figure -fromP Item- 10.C.5 on your last annual report.) 2. Approximate acreage disturbed during the reporting year. 0' .4 3. � (ADD LINE 1 TO LINE 2) 4. — Approximate disturbed acreage reclaimed during the reporting year.' 5. ra/a . (SUBTRACT LINE 4 FROM LINE 3) Approximate disturbed acreage remaining at end of reporting year. I .I13. CHECK ALL=:THAT APPLY N.C. ❑ Acres Permitted: & Permit # ❑ Acres Vested (Acres disturbed prior to January 1, 1976): j • ❑ Acres on Federal Lands: & Permit/ID # d" EA14. - N.C.' $ Current total assessed value of mining operation as established by County Assessor's Office A - ,,.• DISTRIBUTION: White—State Yellow—Lead Agency Pink—Operator 94 cru A. PRIMARY. = .CO..MMODITY PRODUCEDI OPERATION .16. REPORTING FEE FEE SCHEDULE: USING BOTH YOUR CATEGORY NUMBER AND TOTAL PRODUCTION FROM 15(A) ABOVE, REFER TO EXHIBIT C TO FIND YOUR CORRESPONDING PRODUCTION RANGE AND FEE. ENTER YOUR PRODUCTION RANGE CODE IN 16(A) AND CORRESPONDING FEE IN 16(8) BELOW.- A. ELOW.-A. 'PRODUCTION RANGE CODE FROM'EXHIBIT:,C B. REPORTING FEE ATTACHED $ FROM EXHIBIT C SUBMITTED BY: /l /- Your Name (Please print) �`7 `� A ' !'yam Your Mailing Address ic –0, —� v _ City/State/ZIP Code ��d y�/ �+ •7 �' ��� Your Telephone Number 1 certify that the information submitted herein is complete and accurate (failure to submit complete and accurate requisite information may result in an administrative penalty as provided for in Public Resources Code Section SIGNATURE OF SUBMITTER N DATE 1h3 TITLE OF SUBMITTER Please mail annual report, reporting fee, and ALL required attachments to: DEPARTMENT OF CONSERVATION Office of. Mine Reclamation 801 K Street, MS 09-06 -Sacramento, CA 95814-3529 DISTRIBUTION: White—State Yellow—Lead Agency Pink—Operator It 94 97746 r .� State of Califdlnia DEPA T T O�CONSERVATION MINIM O RATION ANNUAL REPORT MRRC 2� Pp' (Revise 04/94 for 1993 Reporting Year) CA MINE ID # 15. COMMODITIES AND PRODUCTION SEE EXHIBIT BtFOR .COMMODITIES AND; UNITS OF MEASURE.:. . PRODUCTION INFORMATION IS PROPRIETARY AND . WILL BE KEPT CONFIDENTIAL PURSUANT TO GOVERNMENT CODE SECTION 6252 - , TOTAL .PRODUCTION Check here _ Category if No s: `CHECK: ONE:-' Number Production 'List All Commodities (from fora Amount of Short Troy .. (from Exhibit B) Exhibit B) - Commodity Production Tons Ounces Pounds A. PRIMARY. = .CO..MMODITY PRODUCEDI OPERATION .16. REPORTING FEE FEE SCHEDULE: USING BOTH YOUR CATEGORY NUMBER AND TOTAL PRODUCTION FROM 15(A) ABOVE, REFER TO EXHIBIT C TO FIND YOUR CORRESPONDING PRODUCTION RANGE AND FEE. ENTER YOUR PRODUCTION RANGE CODE IN 16(A) AND CORRESPONDING FEE IN 16(8) BELOW.- A. ELOW.-A. 'PRODUCTION RANGE CODE FROM'EXHIBIT:,C B. REPORTING FEE ATTACHED $ FROM EXHIBIT C SUBMITTED BY: /l /- Your Name (Please print) �`7 `� A ' !'yam Your Mailing Address ic –0, —� v _ City/State/ZIP Code ��d y�/ �+ •7 �' ��� Your Telephone Number 1 certify that the information submitted herein is complete and accurate (failure to submit complete and accurate requisite information may result in an administrative penalty as provided for in Public Resources Code Section SIGNATURE OF SUBMITTER N DATE 1h3 TITLE OF SUBMITTER Please mail annual report, reporting fee, and ALL required attachments to: DEPARTMENT OF CONSERVATION Office of. Mine Reclamation 801 K Street, MS 09-06 -Sacramento, CA 95814-3529 DISTRIBUTION: White—State Yellow—Lead Agency Pink—Operator It 94 97746 r .� 1 � -�-S �hr�ai ....• (1. �/ ;+ a /ti�'���inar ri' t4 �d rpa� ���� h TW"J1'Y5"` �'�yK 5 r Y1 F �: n ,•r y I � r �J 4}.. o f n W.i,. k i • �,��., r+F f P w a- x navy» N }�'21 �;A'tirr� ��� i's..1.- .1 j....�.e`{N � ��'`�,.... s a � F1n,Y•S���.dy�.�th t s;t ,RvyFYvi•Fv.n.. 1 �.���.a\~ - -r:.. .,-r ' r. bU��i'� �W "tatTWi 1 Wil` i ViCv,.,,� ,t ,'SKr '�•- .F �-_ a °�<�``�y',' �� `{f� �• s5 �"a''`�� �tir,+'. � � _ � y'�''� '\J '� t 1 i- L_ 1�Fc. ra � . -I-i,i�l L�'�;� a� H V � .r•e DEPARTMENT OF .PUBLIC WORKS J MICHAEL CRUMP,`Dire toriyj ,i 7 COUNTY CENTER DRIVEa,OROVILLE, CALIFORNIA 95965_.. xr TELEPHONE: (916) 538=7681 ' x FAX: (916)538-2140. y y t j ti R 15 ,. 1 ONAaLafDtaDnt a eawROY '` -s=it ��.w .: - __ ._ - - - -- ' _ - .. _ _. - - • .=' - June 995 rMr. LAFever i ' LaFever..Topsol, =Etc. ;fs y 2603 Highway:•.7.0. - - Oroville -CA 95965 _ _.::a;r:._• _ Re: Mining Permit - 'CA Mine'ID #91-04-0016 Dear Mr.. LaFever:. I am in receipt -of. ..your submitted 1993 Mining _Operation Annual r Report -dated May -15, 1995, however a review of our files shows no indication that you have applied for or received a permit to mine from Butte County'.. _ In accordance with.Section 13-104 of the Butte County Code, you are'' required to submit -an application for a mining permit, reclamation plan, and a use permit if required, to the County Department of Development Services - Planning'Division. - Continuing mining operations without a permit from Butte County is a violation of County Code and must not continue. You are hereby noticed that you have 30 days to voluntarily comply with Article II of the County Code entitled Surface Mining and Reclamation or the County will take the necessary steps to abate this apparent violation. Please contact Crag Sanders of the-Development.Services Department at 538-7601 to obtain details on how to comply with this request. Craig Sanders, Planning Very truly yours, Mike Crump Director of Public Works .ham -counk A N' D 0 F N A T U R A gni F,q I T;-, ..'A N D B E_A U.TY _ DEPARTMENT OF PUBLIC WORKS _ - J. MICHAEL CRUMP, Director 7 COUNTY CENTER DRIVE ' OROVILLE, CALIFORNIA 95965 TELEPHONE: (916) 538-7681 Septembedtt615 f2140 - RONALD D. McELROY Assistant Director Mr. Roy La Fever = LaFever Topsoil,_Etc. 2603 Highway 70 -. -Oroville, -CA .95965 Re:. Mining Permit.- CA Mine ID.#91-04-0016 Dear Mr_. La Fever: Thank you for meeting.with me last month to discuss my June 15, 1995 letter and to show me aroundyouur property. During our conversation, you stated that your operation did not fall under -the provisions of the California Surface Mining and Reclamation Act of 1975, (SMARA) . I have yet to complete an exhaustive search of that Act to ascertain your claim, however it is clear to me that your operation does fall under County Code Article II, Surface Mining and Reclamation, (attached). Section 13-104 of Article II requires *any person, , who proposes to engage in surface mining operations as defined in this article, shall submit an'' application for a-miningpermit, reclamation plan, and use permit if, the zone requires, to the County Department of Developments Services, Planning Division. "Surfacing mining operations" is defined in Section 13-102 of Article III as the process involved in the mining of minerals on mined lands . . . . "Minerals" is defined in -the same section as any naturally occurring chemical element or compound or groups of elements and compounds, formed from inorganic processes and organic substances, including but not limited to sand, gravel, aggregate . . . . Therefore, it is my determination that you are not in compliance with the provisions of. Article II Surface Mining and Reclamation. You are further noticed that you have 30 days to comply with County Code by submitting an application for a mining permit with a reclamation plan to the County Department of Development Services -Planning Division within 30 days. , Very --++ truly' yours, j. MC:ss Mike Crump w Attach. Director of Public Works. cc: Zraig Sanders - Planning Division ' Development Services Piannitlg°Division Cam Downey, Office of Mine Reclamation SEP 2 7 IW5., r Oroville, Ctunorni . 4 1 ...... 1i StateofColifmic 'CA MINE ID# DEPARTMENT OF CONSERVATION 4 11"41 4 ffiNG'OPERATION ANNUAL REPORT .-MINE ..NAME"` 1. Company Operating r Site Contact Person .. e Telephone _�,-,.; Fil . SSG 05_ 5F 7.) jo Iz �'y*!StreefAddress/P'O.-Box No. --Or city State /ZIP -Code /County 0 -o, ... • -'797 Y. -A �e!4 a4z ITE . MS- BELOW.2,WHICkjiRE-,PRkCEDFD-'.BYzA BOX LABELED,, N.C. MAY` -BE --CHECKED-IF THERE ARE -NO CHANGES IN THE INFORMATIONI_" THE `LAST -=REPORTING 'YEAR."' (NOTE:;- IF THIS `IS `THE FIRST. TIME -YOU HAVE FILED A.' - REPORT, ALL- SECTIONS'MUSTjBE -COMPLETED) 6. Status of Mining Activities DURING THE REPORTING YEAR 3. Owner -of Minind'Operation -A. Telephone" N.C. Active. ❑ Idle (as defined in Public Resources Code Section 2727.1). Complete the following: Mailing Address (this address will be used to send next year's report form) Date operation, became idle City State/ ZIP Code Country (if other than U.S.A.) E] Interim Management Plan pending with Lead Agency. --- ❑ Closed with no Intent to resume. Date mining ceased El Closed—reclamation certified complete by Lead Agency. Date mining ceased Was this operation purchased by you during reporting year? Was this 6peration sold by you durirfg reporting year?..,; ­ Q Yes. - If yes, date6f purchase E] No'. EIY*esEl If yes, date of sale ❑ No. ❑ Reclamation In progress (attach updated reclamation plan map indicating progress). 4. Landowner Assessor's Parcel # Mailing Address Telephone Financial Assurances released on y (Dat, e). City State / ZIP Code Country (if other than U.S.A.) 6. Status of Mining Activities DURING THE REPORTING YEAR ❑ Newly Permitted—Not yet in operation. Date Permitted Active. ❑ Idle (as defined in Public Resources Code Section 2727.1). Complete the following: Date operation, became idle ❑ Copy of Approved Interim Management Plan attached. E] Interim Management Plan pending with Lead Agency. ❑ Closed with no Intent to resume. Date mining ceased El Closed—reclamation certified complete by Lead Agency. Date mining ceased 6. Status of Reclamation Activities DURING THE REPORTING YEAR Reclamation not started. ❑ Reclamation In progress (attach updated reclamation plan map indicating progress). Reclamation certified complete by. Lead Agency. Reclamation certified complete on Date)..... A U Financial Assurances released on y (Dat, e). .1:1I DISTRI'ii I ric 4h, At a t,' ✓_,�all0w—Lead`Agency Pink --Operator Ci��-•T[71.�¢'s.- f .v,-.xr-. -:r.'� �:.'•wR+�-1 •.s -,i-. -a�Svv �•�i��+-r.._ '-Ate----SiaO¢-T +e'et<_. r�q•6,rsF'-.. ;o •� i ! ! - '+• r � � ', v '-tom • � a •��'`--''s , State of cardomfa DEPARTMENTOF,CONSERVATIO_N 1994 MINING OPERATION ANNUAL REPORT CA MINE in 27��T 'MRK4 .Pf bo 2 (Revised 04/95} .(; - •`� `i�?.� •�-. �- -_ _ •.Leer., — <+�.;: �.,,: _ _ _ ;yy. .!•. .�, - -"L')7"'tL t .(. 7 YES �'� NO Inspectfon completed_ by Lead Agency during the reporting year. c7 �.--nj. Y'i'•, :..-. l�s A �� '#:N .; �, �. i L�a - �t� - L" ,>� �: '�' .; ;L � o-,-� f - �. - .'. .y' _. - : �. � L.n ",> � --»'. If yes; ch the goldenrod copy of Surface Mining Inspection, Report (MRRC-1) If Inspection report Is not attached, please explain on.Page fa attach r� �6�. y a ;1 s -r � . ^. , � :.�. �r,.�•-"F, � .y r t..h:Y N e-�. x }t ''' � �-.t...-•f _ ..,t� 3MARA'Lead Agency (city OR ,county ONLY) ' 7. _ 86. Reclamation Plan Status CHECKQNE - _ N.C. ❑ No Plan -• Approved on (date): Attach copy with, amendments; conditions, and PROOF of approval. -- 'Number of acres -subject to Reclamation an. - S ❑ .Pending. Submitted to Lead Agency on (date) Al'IACHPROOFOF,ySUBMITTAI' ❑:On ApPeel Sut>trilt�tel to;Slu&iB (�n� =�;: ^—� j_T(eat 1;TAl�H1RROI¢Fx�3116M1T;TAi r f - �.. 9._ -❑ ,YES; Financial Assurances approved by Lead Agency. fATTA"I.COPyTANDlP900F,�OF�IAPPROVAL-t - Complete below for approved -Financial Assurances: _ _ Date of Annual Review Expiration Data or :AmouM- - - Typex_' - ..-Date Posted - - by Lead Agency Renewal Date (iI applicable) - NO: Financial Assurances NOT -approved by Lead Agency. Check reason below: r i _ ❑ Fina .... Asauranc s pe1ndmg With LeaC�' g�ncx Submitted on (date) 1ATTA CH�PROOFa'•OFjSUBMITTAL $ t, �. j L -'•I l- Finarici.I A:a'u►snces annealed to SMdB-Submitted on Y [dstal �'A7TACN' PRA(1F'AF�C11Ru1TTAi ;� - IF,:'APPLICABL•E,. •INFORMATION REQUIRED IN ITEMS 10 THROUGH 13 MUST _ BE -PROVIDED FOR EACH SEPARATE PLOT 10. ATTACH NAMED U.S. GEOLOGICAL SURVEY MAP -7.5' OR 15' QUAD—SHOWING BOUNDARIES OF .MINING OPERATION N.C. Latitude Longitude Section—Township—Range—Base. Meridian Quad Name 11. Type Code(s) of Mining Operation F:SEErEXHIBIT__!A"FOR;TYPELCODES' N.C. County 12. DISTURBED *ACREAGE $COMPLEiEI&TIRE,SECTION 1. Approximate disturbed acreage, at beginning of 1994. (This figure should match the figure from item 12, line 5 on your 1993 annual report. If it does not match, please explain on Page 4.) 2. Approximatg acreage disturbed during 1994. y 3. (ADD LINE 1 TO LINE 2) 4. Approximate disturbed acreage reclaimed during 1994. (SUBTRACT LINE 4 FROM LINE 3) Approximate disturbed acreage remaining at end of 1994. j 13. GHECICALL'�THAT{AFFLIF N.C. ❑ Acres Permitted: & Permit # ❑ Acres Vested (Acres disturbed prior to January 1, 1976): ❑ -Acres on Federal Lands: & Permit/ID # s $ Current total ,assessed,value. of, mining operation as established by lCounty Assessor's Office ,;1 DISTRIBUTION: � White—State.,.' Yellow—Lead Agency Pink—Operator - vs'f`seus 'A - µms,.^� o-• x'` t`'+-� State of California DEPARTMENT OF CONSERVATION 19941 MINING OPERATION ANNUAL RESORT CA MINE ID # (� MRRC=2 ftpge 3 (Revise 04/9' ? 15 COMMODITIES AND PRODUCTION 'SEE�EXH B1T4BIFdR I(NOD1TtES AND UNIT$ OF MEASORE: ^:.. - ,. =' � .•r.r �h� s••1 ,F,�c ^, ��'•.c � � J .�. t` t � avf # � 7 1 __ ... • s -?,,,,...' s, ,...:_ r y^li" t ° V . - - PRODUCTION INFORMATION IS PROPRIETARY AND WILL BE KEPT CONFIDENTIAL -PURSUANT 'TO GOVERNMENT CODE SECTION 6252 TOTAL PRODUCTION - s Check here < ' Category- - • if No-`CHECKONE• -Number Production List All Commodities (from for a. Amount of Short Troy ` - •(from Exhibit B) Exhibit B)-. Commodity. Production Tons Ounces " . Pounds .A. PRIMARY COMMODITY - PRODUCED BY .OPERATION / •GyP� B. ALL OTHER COMMODITIES PRODUCED BY OPERATION _ ,/6..REPORTING FEE FEE SCHEDULE: USING BOTH YOUR .CATEGORY NUMBER _AND TOTAL PRODUCTION FROM 15(A) ABOVE, REFER TO EXHIBIT C TO FIND YOUR CORRESPONDING PRODUCTION RANGE. ENTER YOUR CORRESPONDING PRODUCTION CODE IN 16(A) AND FEE IN 16(B) BELOW. A. PRODUCTION CODE FROM EXHIBIT C B. REPORTING FEE ATTACHED FROM EXHIBIT C SUBMITTED BY: �A leve Your Name (Please print) , t - Your Meiling Address �rCity State / ZIP Code i� Your Telephone Number(` VI I certify that the information submitted herein is complete and accurate (failure to submit complete and accurate requisite information; may result in an administrative penalty as provided for in;1'ublic Resources Code Section 2774:1). SIGNATURE OF SUBMITTER ' DATE®•� �_� ` ,TITLE "OF SUBMITTER e, Please mail annual report, reporting fee, and ALL required attachments to: • ' �� ' - DEPARTMENT OF. CONSERVATION _4# Office of Mine Reclamation • a. - - 801 K Street, MS -09-06 Sacramento; CA 95814-3529 DISTliiduT16N• ` : White—State Yellow -Lead Agency Pink—Operator � � > 95 "2 IAil Irl F� ��P •#� r A��h ; . SuiteCount,: _ ••; ,a j RA _ WEA L T H' A SI D B EA U, I, - —_� DEPARTMENT OF PUBLIC WORKS J. MICHAEL CRUMP, Director 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965 _ TELEPHONE: (916) 538-7681 FAX: (916) 538-2140 RONALD D. McELR_ OY. - Assistant Director November 8, 1995 =. Mr. Roy La. Fever LaFever Topsoil, Etc": .2603 Highway 70 -- - Oroville, CA 95965 Re: Mining Permit - CA Mine -ID #91-04-0016 Dear Mr. La Fever: Thank you for meeting with me to discuss my June 15, 1995 letter and to show me around your property. During our conversation, you stated that your operation did not fall under the provisions of the California Surface - Mining and Reclamation Act of 1975 (SMARA). I have yet to complete an exhaustive search of that Act to ascertain your claim, however, it is clear to me that your operation does fall under County Code Article II, Surface Mining and Reclamation. I have attached that section of the County Code. . Section 13-104 of Article II requires any person, ...., who proposes to engage in surface mining operation as defined in this article,, shall submit and application for a mining permit, reclamation plan, and use permit if the zone - requires, to the County Department of Development Services, Planning Division. "Surface mining operations" is defined in Section 13-102 of Article II as the process involved in the mining of minerals on mined lands. "Minerals" is defined in the same section as any naturally occurring chemical element or compound or groups of elements and compounds, formed from inorganic processes and organic substances, including but not limited to sand, gravel, aggregate .... Therefore, it is my determination that you are not in compliance with the provisions of Article II Surface Mining and Reclamation. You are further noticed that you have 30 days to comply with County Code by submitting an application for a mining permit with a reclamation plan to the County Department of Development Services - Planning,Divisionwithin 30 days. Very truly yours, Mike Crump, r Director of Public Works MC: -1g enc. CC: Steve Hackey, Development Services - Planning Cam Downey, Office of Mine Reclamation I ORDER TO COMPLY WITH ARTICLE II OF CHAPTER 13 OF THE BUTTE COUNTY CODE 2 TO: Roy La Fever- 3 La Fever Topsoil, Etc. 4 2603 Highway 70 - - - 5 Oroville, CA 95965 6 7 RE: CA Mine ID #91-04-0016;-AP #25-16731 - 8 _ YOU ARE HEREBY- ORDERED, pursuant to Butte County Code- Section 13-116'to comply 9 with Article-II of Chapter 13 of the Butte County Code by submitting an application for a mining permit = 10 and for approval of a reclamation plan-for the mining-operation. on the subject property.- The application 11 must be submitted to the Department of Development Services at 7 County Center Drive,. Oroville, 12 California, prior to the hearing date specified below. YOU ARE FURTHER ORDERED to cease all 13 surface mining operations on the subject property unless and until you have applied for and received a 14 mining permit and approval of a reclamation plan allowing -such mining operation. 15 This Order is being issued for the following reasons: 16 .1. You have been mining on the subject property without a mining permit and without a mining 17 permit and without an approved reclamation plan, in violation of Butte County Code Section 13-104. 18 2. You were notified of said violation by my letter to you dated November 8, 1995, and personally 19 served on you on November 9, 1995. 20 3. The violation has extended beyond thirty (30) days after the date said notification letter was 21 served on you. 22 A hearing has been set for March 14, 1996, at 9:00 a.m. concerning your alleged violation of 23 Butte County Code Section 13-104. The hearing will be held by the Butte County Planning Commission 24 in the Board of Supervisors room at 25 County Center Drive, Oroville, California. This Order will not 25 take effect until after said hearing has been held. 26 If you fail to-comply with this Order after its effective date, you shdll by subject to an additional 27 order{imposing an administrative penalty: The amount of the penalty will be determined by the Planning 28 -Commission pursuant to Butte County Code Section 13-116 (b) (5), taking into consideration the'nature; 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 2P circumstances, extent, and gravity of the violation, any prior history of violation, the degree of culpability, economic savings, -if any, resulting from the violation, and any other matters justice may require. The amount of the penalty may be up to five thousand dollars ($5,000.00) per day, assessed from the original date of noncompliance with Butte County Code Section 13-104. A copy of Article II of Chapter 13 of the Butte County Code, including Sections 13-104 and 13- 116, is attached hereto for your information. _ Date : _ :Mike Crump = - - Director of Public Works cc: Steve Hackney,'Development Services' Planning (w/o attachment) Cam Downey, Office of Mine Reclamation (w/o attachment) - A. Roy LaFever - Use Permit/Mining Permit/Reclamation Plan to allow extraction/removal of topsoil in a 3 acre area with associated selling of landscaping supplies and related sales in a 1 acre portion of the approximately 132 acre parcel. Reclamation to encompass the 3 acre borrow pit, 1 acre sales yard and 3.75 acres of previously mined areas on property zoned "U" (Unclassified located approximately 6 miles south of Oroville along Highway 70, identified as APN 025-160-031. (Continued open from January 23, 1997) B. Roy La Fever - Violation of Public Resources Code Section 2774.1(a) regarding surface mining for La Fever Top Soil: An order has been issued by the Department of Public Works under Butte County Code Section 13- 166(b)(1) which indicates that a Mining and Reclamation Use Permit is required for La Fever Top Soils. The Butte County Planning Commission under section 13-104 of Article II, of the Butte County Code is holding a public hearing to affirm the finding of the Butte County Public Works Department. Mr. Hackney described the impact of recent floodwaters which had covered the site and left debris. He said certain details are still lacking for the Reclamation Plan. County and State requirements need to be included in the plan, to the satisfaction of the Departments of Public Works and Development Services and the Office of Mining Reclamation. A dollar amount for financial assurance must be provided in the form of a surety bond or some other financial instrument. Mr. Hackney said that on Page 6 of the Agenda Report, Item 2 should be deleted since it is redundant and is covered by County Code, Article 2 Chapter 13-116. Item 3 should be replaced by the following: "Upon a finding by the Planning Commission that a guarantee for the reclamation of the mined land is necessary, the applicant shall secure a reasonable type of financial assurance, approved by the Director of Public Works, either in the form of a surety bond, irrevocable letter of credit, or trust fund, payable to the County of Butte and the Department of Conservation." Commissioner Nelson was not in favor of approving a Use Permit until the "whole package" is before the Commission. Commissioner Mooney noted that the prior to the issuance of the Use Permit, several other permits from government agencies are required, which could be very time consuming. Mr. Hackney said that the applicant would have two years to meet the conditions of an approved Use Permit before it could actually be issued. One condition is to provide an instrument for financial assurance. Mr. Sanders said that if it takes longer than two years for the applicant to obtain other permits, the time period would be extended beyond two years. Commissioner Lambert said the Commission should see the entire Reclamation Plan before approving a Use Permit. BUTTE COUNTY PLANNING COMMISSION MINUTES - February 13, 1997 0 0 Mr. Hackney suggested making a motion of intent for approval with 30 days being provided to provide the information specified in the Agenda Report including total reclamation costs. Commissioner Leland was inclined for approval provided there is appropriate mitigation and an adequate reclamation plan. He felt the actual dollar amount of financial assurance should be considered by the Commission. He favored a motion of intent for approval with a qualification to provide an adequate reclamation plan. Mr. Sanders suggested that a motion of intent would indicate to the applicant if the Commission is inclined to approve the Use Permit and provide him some incentive to prepare the necessary information for possible final action. The other option would be to continue the hearing. Commissioner Mooney had a question about the 33 foot road dimension. He noted that there is 1,000 - 1,500 acres of land set aside as native habitat just above the project, and wondered if it is really necessary to require more habitat protection from this applicant. He noted that the 3 :1 slope would disturb 30 feet of land, and asked what is the angle of repose of the material and suggested a steeper slope would be adequate, take up less land, and be less costly. Mr. Hackney said the loss of riparian vegetation on-site would represent a net loss and both OMR and Fish and Game have voiced concerns for the loss as well as DWR. Off-site situations have no bearing on a project. The 3:1 slope came from the applicant's information and the Director of Public Works. The 33 foot dimension is depth from SR 70, not width. Commissioner Cage noted that on Page 2, the exact number of gallons for dust control is missing. (The number should be 2,000 gallons.) HEARING OPEN TO THE PUBLIC Donna Roberts, the applicant's engineering representative, said the meeting with the Public Works Department and Planning Division did not take place. As for financial assurances, $12,600 was suggested by the applicant for reclamation of the borrow pit, and another $4,000 was estimated for reclamation of the additional area to be reclaimed. The total amount has not been accepted as adequate and a breakdown has been requested, but no direction has been given to the applicant as to why the figure is inadequate. The figures provided by the applicant were based upon someone else doing the work and the actual man hours, equipment rentals, and cost of seed. In actuality the applicant would do the reclamation himself although the County would be assured of actual labor costs and equipment rental. Only recently was the applicant told the figure was inadequate and asked for a breakdown. Ms. Roberts noted that there are no toxic or hazardous materials onsite, but on Page 3 of the Agenda Report, Item 9 refers to "detoxification in Area 1", but there is no toxic material in Area 1. She noted that 2:1 slopes were originally proposed, which would be the angle of repose. The Office of Reclamation policy is for 3:1 slopes. Ms. Roberts noted that the applicant has 24 months to meet the conditions of a Use Permit and it would not be realistic or reasonable to require the applicant to stop his business until all the conditions are met. BUTTE COUNTY PLANNING COMMISSION MINUTES - February 13, 1997 Ms. Roberts requested that the date on Mitigation Measure 2 for reclamation of Area 2 be changed from June to September of 1997 because of the debris brought by recent flooding. Regarding Mitigation 3, she hoped the erosion control plan to be incorporated into the reclamation plan could be the same one which will be submitted to the Regional Water Quality Control Board. Regarding Mitigation Measure 4, Caltrans is in the process of obtaining right-of-way along Highway 70 and is scheduled to improve the applicant's driveway in late 1997 or early 1998. For the applicant to do the work would cost approximately $25,000 and the work might be torn out later by Caltrans. Since the actual date of Caltrans improvements is not certain, the applicant would prefer to have some leeway so as to not do work that might immediately be ripped out and replaced by Caltrans. Commissioner Lambert said time extensions can be requested for any of the conditions, and within two years, the applicant should know Caltrans timing of the work more specifically. Mr. Hackney said that Caltrans and the County would like to see the improvements with no delay and should and when Caltrans actually does the work, they will replace and extend La Fever's driveway "in kind," and no conflict is expected between Caltrans and the La Fever project. The language of the condition is in terms of access, safety and to conform to Caltrans requirements. Mr. Hackney said there is an anomaly in that the applicant could potentially continue mining for two years before the conditions are met, and yet there is a violation in effect and he should not be mining at all without a Use Permit/Mining Permit/Reclamation Plan in hand. The applicant has been in violation since 1984. Mr. Sanders said the 24 months period is the time allowed for the use to be established. The conditions should be met prior to or concurrently with establishing the use. The applicant cannot wait to the end of 24 months to meet the conditions, unless the conditions are worded differently. Commissioner Nelson felt that it would be wrong to approve a Use Permit simply to legalize the use, with details to be worked out later. Mr. Sanders said most of the conditions require something to be provided prior to issuance of the permit. Mr. Hackney said the Department of Development Services has been working with the applicant to bring him into compliance with the Office of Mining Reclamation, which has the authority to issue citations and fines. Commissioner Nelson did not want to shut the operation down, but felt the "whole package" should be complete before approving a Use Permit. OMR would not care as long as the process is started. Mr. Hackney said the applicant recently got a harsh letter from OMR. BUTTE COUNTY PLANNING COMMISSION MINUTES - February 13, 1997 Ms. Roberts said the applicant is in agreement with the proposed requirements with the exception of some of the language. OMR is at a point where they would like to impose fines within 30 days. If the Use Permit is denied, the violation will be in force and the applicant will be out of business. The applicant is trying to iron out the issues that need to be resolved with the County in order to comply with state requirements. The papers have been prepared to obtain the necessary state permits to meet the conditions of the Use Permit, but the applicant would prefer to have an approval before submitting the money for the permits. The applicant would not intend to operate for 23 months without meeting the conditions, because his operation would be shut down. i Mr. Hackney said the specific items which need to be provided are listed on Page 3 of the Agenda Report as well as a total financial amount. The earlier figure of $6,000+ was deemed insufficient by the Public Works Director. Commissioner Nelson felt the current map is inadequate because it does not indicate the impacts of recent flooding, and there are too many uncertainties. There are potential impacts to adjacent and downstream properties. ; Ms. Roberts said there are mitigations measures to address the impacts upon the environment. She requested that if a motion of intent to approve is made, that the next hearing be 45 days from today rather than 30 days. She requested that the notice of violation be continued also. Roy La Fever, the applicant, took exception to the statement that he was in violation for 14 years. He said the Reclamation Act of 1975 was not amended to include soil until the fall of 1991. When the Department of Conservation told Mr. La Fever he needed a permit, Mr. La Fever paid fees from 1991 forward. In June of 1991 someone from the Butte County Planning Division visited the site and subsequently told him a County permit was not needed. He noted there is nothing toxic on his property and he has always farmed organically. There was very little damage from the recent flooding -- just one bank was "blown out" on a drainage ditch. The reclamation work is 75% complete in Area 2. He will do reclamation work concurrently with normal operation of the business. t Commissioner Cage asked if the permits required by the conditions have already been obtained. Ms. Roberts said the permits have not been obtained because the fees have not been paid. The applications have been made and the fees for the permits have been determined. Commissioner Leland felt there should be a distinction made between conditions which can be met over a period of 2 years versus bonding of the reclamation plan which should be provided right away. Mr. Hackney agreed that a bond needs to be in place for the reclamation plan right away. Commissioner Leland asked when a permit would actually be issued. BUTTE COUNTY PLANNING COMMISSION MINUTES - February 13, 1997 • Mr. Hackney said a permit would be issued when the conditions have all been met. There is a two year deadline, but the applicant should be working on meeting the conditions. Commissioner Leland asked if the applicant'would be allowed two years to post a bond for reclamation work. Mr. Hackney said it would be preferable to have a surety bond posted in a short period of time -- not 24 months. Commissioner Leland asked how the Use Permit would dovetail with the violation issue. . Mr. Hackney said issuance of the Use Permit, requiring reclamation, would condone the previous mining activities which were done in violation. Mr. Leland asked how penalties would apply; if the conditions are not met within two years. Mr. Hackney said the applicant would be noticed and the Violation issue would come before the Planning Commission again and if found in violation, the applicant would be subject to daily fines. Commissioner Mooney said it would also depend upon which government agency has the concern. Commissioner Cage suggested that the new Commissioners should see the site. HEARING CLOSED TO THE PUBLIC Chairman Lambert said it is necessary to know the surety bond figure. She was inclined to approve the permit, but not at this time. Commissioner Leland suggested that the bond should be issued as soon as possible with perhaps a 60 day time limit, with the remainder of the conditions being allowed two years. Commissioner Mooney said the project has appropriate conditions which Planning staff will require compliance with. Mr. Sanders noted that a signed Use Permit will not be issued until the conditions have been met. The applicant is apparently reluctant to pay the fees for required permits without knowing if he has an approved Use Permit. Commissioner Mooney said that even some very simple permits can take a year to obtain. Mr. Sanders said streambed alteration permits and stormwater permits don't usually take a long time to obtain. Chairman Lambert said that approval will be a means of getting the reclamation done, but there needs to be a surety bond figure in place. The violation issue will go along with the Use Permit application until the Use Permit is approved. Y r BUTTE COUNTY -PLANNING COMMISSION MINUTES - February 13, 1997 A motion of intent was made by Commissioner Nelson, seconded by Commissioner Cage, and carried unanimously, for approval of the Use Permit/Mining Permit/Reclamation Plan for Roy La Fever on APN 025-160-031 to allow the extraction of topsoil and a sales yard area for the retail/wholesale of soil, bark, and mulch, dependent upon the applicant providing an adequate response to Items 1 through 12 as listed on the Agenda Report dated January 27, 1997, with the deletion of the word "detoxification" on Item 9, with the applicant to provide financial assurance in an amount approved by the Public Works Director, and modification of Exhibit "A" as follows: deletion of Item 2, on Page 6, and modification of Item 3 on Page 6 of the Agenda Report as follows: "The applicant shall secure a reasonable amount of financial assurance, approved by the Director of Public Works, either in the form of a surety bond, irrevocable letter of credit, or trust fund, payable to the County of Butte and the Department of Conservation", and modification of Mitigation Measure 2, changing the date from June to September, 1997, as requested by the applicant's engineer. Mr. Hackney agreed a motion of intent would give the applicant assurance of approval subject to complying with the specific items for the reclamation plan that are in the staff report and incorporation of financial assurance approved by the Public Works Director. Mr. Sanders said the April 10, 1997, meeting would allow the applicant approximately 45 days to work with county staff and come up with a bond. Chairman Lambert said she did not know why there is language about toxic materials and noted that the Use Permit runs with the land. Mr. Hackney said toxic waste is generally identified with a mining operation and in this instance the item was in terms of fuels, diesels, oils, and hydrocarbons on-site and how they would be handled. It was moved by Commissioner Nelson, seconded by Commissioner Cage, and carried unanimously to continue the hearing for the violation portion of the La Fever item toApril 10, 1997, at 9:00 a.m. along with the Use Permit/Mining Permit/Reclamation Plan application., BUTTE COUNTY PLANNING COMMISSION MINUTES - February 13, 1997 ' 1 A. Roy LaFever - Use Permit/Mining Permit/Reclamation Plan to allow extraction/removal of topsoil in- a 3 -acre area with associated selling, -of landscaping supplies and related sales in a 1 acre portion of the approximately 132 acre parcel. Reclamation to encompass the 3 acre borrow pit, 1 acre sales yard and 3.75 acres of previously mined areas on property zoned "U" (Unclassified located approximately 6 miles south of Oroville along Highway 70, identified as APN 025-160-031. B. Roy La Fever - Violation, of Public Resources Code Section 2774.1(a) regarding surface mining for La Fever Top Soil: An order has been issued by the Department of Public Works under Butte County Code Section 13- 166(b)(1) which indicatesthat a Mining and Reclamation Use Permit is required for La Fever Top Soils. The Butte County Planning. Commission .under section 13-104 of Article II, of the Butte County Code is holding a public hearing to affirm the finding of the Butte County Public Works Department. Stephen Hackney requested continuance of the Roy La Fever items because there are some questions regarding components of the Reclamation Plan, especially the financial assurance. amount. There will be a meeting with the -Public Works Director'in the coming week to decide upon an adequate amount. Commissioner Nelson asked how the recent flooding has affected the site and if major changes -have taken place. He said the five items in the letter from the Law Offices of William A. Ward should be addressed concerning the financial status of the applicant. Mr. Hackney.said'he has not been on the site since the recent flooding. He said a bond is an issue, and SMARA allows for either bonding or CD's or some type of financial instrument to cover the operator and protect the county and state in terms of reclamation. That financial assurance will be addressed and is required by SMARA and is in place. What is lacking is a consensus as to the dollar amount. Mr. Hackney said he talked.to Mr. Ward and told him that the continued presence and continued financial viability -of the operator to be able to perform his reclamation efforts has relevance, but as to the five points in general that Mr. Ward makes in his letter, concerning the matter of bankruptcy -- that is not really a relevant matter for the County. What concerns the County is: if his operation impacts the site in terms of the environment, and in terms of land use issues. Commissioner Nelson said bankruptcy, with the 'possibility of walking away from a site before reclamation, is a major concern, with environmental consequences. Mr.- Hackney said that, one aspect is correct, but the, rest is .not relevant, and if an appropriate bond or. CD or some.other instrument is in 'I then that will be addressed. Conmmissioner Nelson wanted to know if that happens, what would happen? ----BUTTE 'COUNTYw-PLANNING COMMISSION. MINUTES,,z January,,23,,; 1997__ Yi 61 F Mr. Hackney said that is the concern of the Department of Development Services and the Public. Works -Department and is the final item that needs to be pinned down. Chairman Seegert said if a foreclosure takes place, the people holding the papers on the property would inherit the Use Permit and its obligations. Mr. Hackney said that is correct, and Mr. Ward, the attorney for the people holding papers on the property, asked Mr. Hackney if the Use Permit could be vacated.' Mr. Hackney told Mr. Ward that if the Use Permit is not exercised within a period of one year, it is automatically determined to be vacated. Commissioner Lambert asked what would happen to the Reclamation Plan if a Use Permit is not approved, because there would be.no handle on conditions or reclamation, and the new people would not be responsible. If some kind of Use Permit is not approved, there is nothing to require reclamation, or is the violation still a "handle?' Mr. Hackney said once a Use Permit is approved, the violation would be vacated. More to the point is.that by approving the Use Permit, built into the approval, are the conditions that directly speak to concerns. The concerns are essentially reclamation of the site, both the previously mined area and the current borrow pit and that is where the adequate financial assurance of SMARA comes into place and is the critical element that needs to be "nailed down." .Mr. Sanders said -the .Commission could approve the project and'and.the applicant -not sign the Use Permit and not accept the conditions, and if that were the case, the violation proceedings would have to be continued or reinstated. Just because a bond is required or an adequate amount determined, does not -mean the applicant is going to -post that amount. They may walk away from the application if it is too onerous. Commission Lambert wondered what would be the "trickle down effect" on the people who have an interest in the property and may inherit this problem. Mr. Sanders said they may also inherit the Use Permit and choose to exercise it and find another operator, or modify it. It may be financially feasible for them to operate it. 'Commissioner Cage said the appeal process could take over also. Mr. Sanders said that is another scenario. Mr. Hackney said it is the applicant's right to appeal.;Staff will come back in.two-weeks with -a dollar amount of financial assurance that is satisfactory to the Public Works Director, and will provide specific conditions within the reclamation plan as to what the applicant will be required to do. The applicant may disagree with the requirements and make an appeal. ; COUNTY PLANNING, _COMMISSION, -MINUTES_= —January --23, .Y9.97 r , e CommissionerLynch suggested that a new video of the site be made due to possible ' ` changes in the site from recent flooding. i HEARING OPEN TO THE PUBLIC Donna Roberts agreed with the request for a continuance. She said she will meet with Mr. Hackney, the applicant and the Public Works Directori,,'in the coming week. Commissioner Cage asked if flooding has affected the site. I Ms. Roberts said the site was inundated for a time and water came up to the residence. The main impact seems to be debris left upon the site. Commissioner Nelson thought the dusty soil that was present on the site last fall may have been washed away and a modified reclamation plan might be needed. Ms. Roberts said the site was not changed by the 1986 inundation. The aerial photo currently available indicates that the land is still inundated. Commissioner Lynch said the water might have just backed up or a new channel might have been cut. Ms.''Robert agreed that a new video should be made`of the site. It was moved by Commissioner Nelson, seconded by Commissioner Cage, and carried unanimously, for continuance of the item to February 13, 1997, at 9:00 a.m. ar ,i . Y .a - y IJ`• - •1 +Ji BUTTE COUNTY`_ PLANNING: COMMISSION `"MINUTES Janu6try23', _ 1997` J PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES ,7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916) 538.7785 January 27, 1997 Roy LaFever 2603 Highway 70 Oroville, CA 95965 Re: Use Permit/Mining Permit/Reclamation Plan, AP 025-160-31, MIN96-02 Dear Mr. LaFever: At the regular meeting of the Butte County Planning Commission held January 23, 1997, the public hearing was continued open to February 13, 1997, at 9:00 a. m. to consider your request for a Mining Permit/Use Permit/Reclamation Plan and continued to February 13, 1997, at 9:00 a.m., the hearing for the violation of Public Resources Code Section 2774.1(a) 6 miles south of Oroville. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. Should you have any questions regarding this matter, please contact this office. Sincerely, Lynn Richardson Planning/Administrative Support Services Assistant /Ir - cc: Barnhart & Brown 0forms%conlinue.frm ffutte, caunN -41 PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES - 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916) 538-7785 Roy La Fever La Fever Topsoil 2603 Highway 70 Oroville, CA 95965 4 Re: CA Mine ID #91-04-0016 Dear Mr. La Fever: At the regular meeting of the Butte County Planning Commission held January 9, 1997, the public hearing was continued open to January 23, 1997, 'at 9:00 a.m. to consider your top soil operation. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. Should you have any questions regarding this matter, please contact Stephen Hackney this office. Sincerely, Thomas A. Parilo Director of Development Services TAP:lr k:%formslcontinue.frm f utteCounty AW PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916) 538-7785 , November 18, 1996 _ Roy La Fever La Fever Topsoil 2603 Highway 70 Oroville, CA 95965 Re: CA Mine ID #91-04-0016 Dear Mr. La Fever: At the regular meeting of the Butte County Planning Commission held November 14, 1996, the public hearing was continued open to January 9, 1997, at 9:00 a.m. to consider your top soil operation. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. Should you have any questions regarding this matter, please contact this office. Very truly yours, ' a4 Craig Sa ders Senior Planner CS:lr k:Uormftontinue.frm u ' r B. Roy La Fever -Violation of Public Resources Code Section 2774.1(a) regarding surface mining for La s Fever Top Soil: An order has been issued by. the.. Department of Public.. Works. under. Butte County .Code Section 13-166(b)(1) which indicates that a Mining and Reclamation Use Permit is required for La Fever Top Soils. The Butte County Planning Commission under section 13-104 of Article Il, of the Butte County Code is holding a public hearing to affirm the finding of the Butte County Public Works Department. (Continued open from September 26, 1996). Mr. Hackney suggested continuing this item to January 9, 1997, at which time the environmental documentation will be complete, the responses from various agencies will be available; and a staff report will be prepared. The project engineers have submitted the necessary additional information regarding the previously mined areas north of the.. borrow pit to be included within the current reclamation plan. A letter.of completeness Will go out to the project engineer and the initial study will -be prepared. HEARING OPEN TO THE PUBLIC Donna Roberts reported on the progress that is being made on grading the slopes for reclamation. She showed photos and anaerialphotograph of the site. _ Mr. Hackney said the Use Permit, Mining Permit and Reclamation Plan are for operation in the borrow pit for soil extraction and reclamation also of the previously mined area. I _ HEARING CLOSED TO THE PUBLIC It was moved by Commissioner Nelson, seconded by Commissioner Lambert, and carried unanimously to continue this item to January 9, 1996 at 9:00 a.m. 5z Ok y � �- - - -- BUTTE -COUNTY: PLANNING- COMMISSION :MINUTES -November _14,,_ 19.9.6 _ __,_ BUTTE COUNTY SURFACE MINING AGGREGATE OPERATIONS COMMITTEE, MINUTES - OCTOBER 22, 1996 4. Update and discussion on LaFever Topsoil Use Permit/Mining Permit/Reclamation Plan application. Mr. Robinson said his evaluation of LaFever, is that they are continuously rejecting the idea they have to include reclamation of the lands they have been excavating from in violation since 1984. Therefore, I believe, that until they address that issue, the application is incomplete, and I believe that this Committee should file its recommendation to the Planning Division to issue a letter stating if the applicant does not include that land, that their mining operation is shut down. He did not think the Committee should approve any application without'some kind of reclamation, specifically when the owner has been operating in violation for 12 years. He said he did not think the application should be processed any further. He said the incomplete Mining/Use Permit application should be set at the Planning Commission for denial. Ms. Vlamis made a motion to consider the application incomplete and set the matter before the Planning Commission for denial., The motion was seconded by Mr. Mathews. Mr. Robinson said it is a waste of time to go further with this application. Mr. Mathews asked about Mr. LaFever paying a penalty fee on the violation? Mr. Hackney said the ordinance allows for a $5,000 a day fine. He said this has not been done. The procedures for a violation are being followed by first sending this violation to the Commission to make the determination that there is a violation. The applicant has started the process of applying for a Mining/Use Permit/Reclamation Plan. He said the Planning Commission's action was to continue the violation to November 14, 1996. Mr. Robinson asked if Mr. LaFever has been issued a fine? Mr. Hackney said no. Mr. Robinson asked if Mr. LaFever has been notified that he will be fined? Mr. Hackney said this will be part of the violation process. Mr. Hackney briefly explained the violation process. Mr. Robinson said the operation has been in violation for 12 years. He said there should be heavy fines involved and they should be shut down immediately. The motion carried 3-1 as follows: AYES: Mr. Robinson, Mr. Mathews, and Ms. Vlamis NOES: Mr. Gaumer ,-ABSENT:', Mr. Connor ABSTAINED: No one Mr. Gaumer said he was voting no because, although he agreed with Mr. Robinson, he had other.comments and other issues to address, and he preferred to go through them before voting YEA on the motion. Mr. Hackney suggested that Mr. Robinson attend the November 14th Planning Commission meeting, and let the Commissioners hear from a professional mining operator, to hear the vies and concerns he, Mr. Robinson has expressed in this meeting, regarding the continued operation of LaFever. Mr. Robinson agreed. 9 2 :i ..G •' fit, H. + -- t . A. Roy La Fever -Violation of Public Resources Code Section 2774.1(6) regarding surface mining for .,La Fever Top Soil; An order has been issued by_the.Department of Public Works under Butte County; Code Section 13-1.66(b)(1) which indicates�that a Mining and Reclamation Use Permit is required for La Fever Top Soils. The Butte County Planning Commission under section 13-104 of Article Il,.of.the Butte County Code is holding a public hearingIo affirm the finding'of the'Butte County Public Works Department. (Continued from July 11, 1996 and field trip at 1:30 p.m.). Mr. Hackney said that the applicant's engineer has submitted additional information which will allow the project to - -proceed and,get,the environmental documentation done and.circulated,.and eget-the project-. back •on --the next appropriate Planning Commission agenda. He said that the field trip will take place in the afternoon. This hearing can be continued as a violation of the Public Resources Code issued by Public Works. { Commissioner +Lynch asked if the Planning Commission needs to determine if there should be a Mining and Reclamation permit required, by Mr. La Fever. i Mr. Hackney said that in his opinion it is not a determination to be made by the Planning Commission. • The state laws and county ordinances qualify this project as a mining operation. Mr. Hackney ,has called the Office of Mining• Reclamation for an interpretation of whether the operation constitutes a mining operation and requires a reclamation plan and was told by the head of that office that is indeed a mining operation. The chief compliance officer of OMR also confirmed that the operation is a mining operation and does require a mining permit and reclamation plan. At the county level the property is zoned Unclassified and has been in violation of the zoning ordinance and requires a Use Permit. - Chairman Seegert asked if the dirt pit is the only part of the property that is part of this application. Mr. Hackney said the dirt pit is the Mining Permit portion.of the application and corisists of 3 + acres of Columbia loam. Approximately 1 acre or 1.5 acres has already been mined. Chairman Seegert asked what would happen to the property that has already been mirie-d' Mr. Hackney said the County would like to see that property in a reclamation plan: There are 132 acres in the total property. The applicant has been mining on the property since 1984 and apparently his idea of reclamation was to remove riparian vegetation in a slough. E Mr. Farrel said the Use Permit should apply to all the areas that have been and are to be mined so the reclamation plan addresses all of the disturbed area, which is now a point of disagreement and will need to be resolved. Commissioner Lambert thought more of the area should be included. Mr. Farrel said that the 'minimum area that needs to be addressed is that area that constitutes a violation of use, which is the area that 6a e6 used for. -mining both'past and,present. The applicant may propose any additional areas he s may wish to utilize in the future.. g - Butte County.Planning,Carrnissicn.Minutes•� September :26,.1996-- �_ -• �:- _ - :.M,- ti HEARING OPEN TO THE PUBLIC Donna Roberts; of Barnhart Brown Associates, the consulting engineer for Roy La Fever, was present. The current application is only for the topsoil operation. The gravels.that were previously removed were used onsite for the driveway. The applicant does want to obtain a mining permit and reclamation plan for those other areas also. The applicant, has been working with Barnhart Brown, Butte County Planning and state agencies. It has been determined that Butte County is the lead agency but there are several state agencies that require permits, including the Regional Water Quality Control Board, Fish and Game,- Department of Water Resources, Office of Mine Reclamation, U. S. Fish and Wildlife Services and the U. S. Army Corps of Engineers, and those permits have been applied for. She said the topsoil area -has been reconfigured to be further away from the river at the south end. There was concern for the riparian vegetation so the reclamation plan will take that into account. The slopes will be reconfigured at 3:1 for slope stabilization. She suggested that the discussion'be continued to allow for review of the new information which has been submitted. Commissioner Lynch asked when responses from the state agencies are anticipated. Ms. Roberts said the responses have already been received and the applications for the various permits have been made. She noted that no permits will be required regarding air pollution. Mr. Farrel complimented the applicant and his representatives on diligence in applying for permits, and said the County needs to do the necessary circulation of environmental documents. The maps need to encompass the modified area ' and need to provide information for the reclamation plan for the area that was mined earlier, as part of this Use Permit. - The area which has been or will be disturbed should be included as part of the permit. The item cannot be set for further hearing until the completed submittal package, additional environmental information and clarification of the area can be obtained from the applicant, and the material circulated to,the state agencies. Ms. Roberts wanted to clarify that the application is only for the 3 acre topsoil borrow operation. The other areas of .,the site are, not a part of this application for a mining and reclamation plan. A' mining. permit/reclamation plan independent of this application will be filed for the other area. Reclamation for the topsoil area has been proposed and applied for and is reflected in the maps and includes planting of a pecan orchard and native grasses. Chairman Seegert asked if a reclamation plan will be filed for the areas previously mined. Ms. Roberts said that is cc A mining permit/reclamation planwillbe filed for aggregates. 'She'noted that if the pecan orchard should fail, the applicant would be responsible to reclaim the area. Commissioner Lynch asked if someone has a pile of gravel on his property and he uses it to pave a driveway, would that be mining? ' Mr. Hackney said that would not be mining under SMARA's definition. 'It would depend on the volume of material moved and the purpose: If the material is used for onsite ag purposes it would be exempt. If the purpose was to set-, up infrastructure for mining purposes for example, it would not be exempt and would be subject to SMARA's requirements. t Commissioner Cage�asked'if the -.gravel onsiteecame'from"the pits on the property. Ms. Roberts said that is correct. ' L' FIX_ . ADJOURN to 1:30 p.m., Reconvene at the Le Fever property located at 2603 Highway 70, East Bank of l 'Feather River, Oroville. The following, persons were present: Lee Cage, Nina Lambert, Chris Seegert, Chuck Nelson, Bob Lynch, Mike Crump, Connor Murphy, Diana Shuey, Stephen Hackney, Donna Roberts, Roy La Fever —.i-- Butte - Ccmty-P1aming,Cam-dssim,Mirmtes Septenber-26;-1996,,---,r- Counti DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES - 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916) 538-7785 September 26, 1996 Roy La Fever La Fever Topsoil, Etc. 2603 Highway 70 Oroville,-CA 95965 Re: CA Mine ID #91-04-0016 Dear Mr. La Fever: At the regular meeting of the Butte County Planning Commission held September 26, 1996, the public hearing was continued open to November 14, 1996, at 9:00 a. m., to - consider your top soil operation'. This meeting will be held in. the Board of Supervisors' Room, 25 County Center Drive, ' Oroville, California. Should you have any questions regarding this matter, please contact this office. Very truly y urs, iiliam Farrel Director of Development Services WF:lr cc: k:\fomislconlinue.frm � •_Y, �. ,r • - Baa` •� � •a �J �, a i hr _ t , - G c . - .+ �-A .. d .rte +,4�ra `• �, ,.� �• .. + .t ! A Y- ` 'rr ,.. � i.#• 1';sem �J* ` i...b La Fever field trip There was a discussion of possibly changing the date or time of the field trip, but it was decided to retain the ' hearing on September 26, 1996 at 9:00 a.m. with the field trip at 1:30 p.m. . There was a discussion about whether or not Chairman Seegert would have a conflict of interest regarding the La Fever heaping since he has bought topsoil from Mr. La Fever. ° Mr. Farrel said that County Counsel could be consulted regarding conflict of interest. " BUTTE -COUNTY--PI;ANNING-^COMMISSION_MINUTES VA Q C. Roy La Fever - Violation of Public Resources Code Section 2774.1(a) regarding. surface.,mining. _fo.r La Fever. Top Soil:.An.order has been issued by the Department of Public Works under Butte County Code Section 13-166(b)(1) which indicates that a Mining and Reclamation } Use Permit is required for La Fever Top Soils. The Butte County Planning Commission under section 13-104 of Article II, of. the Butte County Code is holding a public hearing to affirm the finding of the Butte County Public Works Department. (Continued from June 27, 1996). . f . Mr. Hackney said'that a Use Permit for a Mining and Reclamation Plan is being processed at this time for Mr. La Fever. The Mining Committee reviewed the information on June 24. The project engineer has been informed of the results of that meeting and the additional information required. Mr. Hackney has discussed with the project engineer the information needed for the Use Permit, the Mining Permit and the Reclamation Plan. Processing of the applications will take several months before it will be ready for a public hearing. He suggested that the hearing be vacated at this time since the proper applications have been submitted. j r Commissioner Lynch asked where Mr. La Fever would stand in, relation to the violation cited by the Public Works, Department. Mr. Farrel suggested that the hearing.not be vacated in order to keep the applicant on notice that the violation needs to be resolved. 4 Mr. Hackney said that the Public Works Department initiated the violation, but the Planning application process is actually a separate process. Members of the Mining Committee expressed concerns about what is being done on the property without a permit and what the County -is doing about it. i Commissioner Lambert said the.time should not be prolonged during which the operator is allowed to carry on in violation. } i Mr. Farrel said the engineer should be able to clarify the timing on when the necessary information will be submitted. There was discussion as to what action should be taken at this time and if the Public Works action should be affirmed. i Mr.Farrel suggested.that.the item should be -continued HEARING OPEN TO THE PUBLIC _____._,BUTT_ E COUNTY_ _PLANNING COMMISSION -MINUTES-_- July, 11,: 1996 "_ FI rt :4 . .. ,y , .5 Y - �,+-G• 1 iS ' Y. r }'LY Y I: �•<~ � �r..,r �. fir. Jr Dan Cook, project engineer, said that affirmation of the Public Works finding of violation would result in a Cease and -Desist of the topsoil operation that has been operating since 1984 with a state permit. He noted that he was not present at the Mining Committee meeting, but would be at future meetings, and that he has not yet received the letter delineating the requirements that must be met. Apparently some of the requirements are very subjective -- such as the slope ratio inside the pit and the presence of the elderberry longhorn beetle. He suggested that a public hearing might be possible by September in order for all the appropriate agencies to be able to respond. He said the topsoil operation is still in operation since the Planning Commission has not affirmed the Public Works action. - He was opposed to vacating the hearing or affirming Public Works action. He asked that the item be continued to September at which time the gravel operation will also probably be addressed. Mr. La Feverrhas expressed interest 'Sin taking up the gravel operation again, but at this time the operation is too ill-defined to tackle. HEARING CLOSED TO THE PUBLIC Mr. Hackney said that the Public Works Department has concluded that the operation is in violation and is considered a mining operation which` has been in operation for 12 years without a permit. Commissioner Lynch. said mention was made of a st Ite.permit fo'r the operation. Mr. Hackney said there is no Use Permit, Mining Permit or,Reclamation-Plan-in place and SMARA requires a'Reclarhation Plan approved by the local agency. 'In'addition to the topsoil excavation. area; there has been extensive disruption of the property, including gravel extraction; which should be addressed as part of a comprehensive'Reclamation Plan. 4 Commissioner Lambert asked the size of the parcel. Mr. Hackney said the parcel is 135 acres, most of which is in orchard and hay crops. Commissioner Lynch asked how much.flooding of the'property there has been. Mr. Hackney said that Mr. La Fever `said there has been flooding on the property and he claimed that the presence of water in a pit was due to flooding rather than penetration to the groundwater1evel. Mr. Ca Fever has built berms on the_ property to protect his home from flooding. There is a question as to whether'the proposed pecan orchard for reclamation purposes -could survive in an area that gets so wet. Commissioner Lynch said the river may have been responsible for destruction of the riparian vegetation. I Mr. Hackney said that vegetationhas 1 been removed`i in straight ' lines -that' indicate manmade operations rather than Nature. ! -n--BUTTE-COUNTY-PLANNING-"COMMISSION MINUTES--July-117,_096 ' !_V ..,,.._.. �q. ar Commissioner Lambert suggested that a field trip should be taken to the site. Commissioner Lynch agreed that a site visit was a good idea. 'He said the problems are overblown and he can understand why there was a question at one point if a permit was even needed, although there should be a permit required now. He was in favor of allowing Mr. La Fever to continue his topsoil operation pending issuance of a permit. It was moved by Commissioner Lynch, seconded by Commissioner Lambert, and carried unanimously to continue the hearing to. September 26, 1996 at 9:00 a.m. to see what progress has been made at that time, with a field trip to take place in the afternoon of September 26, 1996. f Chairman See ert said that,he could understand how topsoil psoil operation became much larger than what was originally proposed, -since people: do not always think of topsoil -going, 30 feet down. i ' ,., 'x i ` - S. a y. r nISS .. <f,.. .• - BUTTE ..COUNTY-PLANNING-COMMIS-SION--MINUTES, July -11,..199.6 ---- Roy La Fever- Violation of Public Resources Code Section 2774.1(a) regarding surface mining. for. La -Fever Top Soil: An order, has been issued by the Department of Public Works under Butte County Code Section 13-166(b)(1) which indicates that a Mining and Reclamation' Use Permit is required for_ La Fever Top Soils. The Butte County Planning Commission under Section 13-104 of Article 'll, of the Butte County Code is holding a public hearing to -affirm the finding of the Butte County Public Works Department. r Mr. Hogan said that a Mining and Reclamation application has been submitted by Mr. La Fever, which is being reviewed for completeness. Mr. Hogan said that some time after May 15, 1995, the County received mining operation annual reports for the La Fever operation for the year's: 1991, 1992 and 1993. On June 15, 1995, the Director of Public Works wrote to Mr. La Fever indicating that the mine had no permit on file and that he should contact the Planning Division to obtain details on how to comply. On August 7, 1995, the Public Works Dept. met with Mr. La Fever and Craig Sanders, Senior Planner, and it was decided that a permit was not needed, but 'subsequent inspection of the site indicated that a permit was needed according to County Code. Since the operation consists of removal of topsoil, it was at first not considered a mining operation. OnlSeptember 25, 1995, the Director of Public Works noticed Mr. Fever that a permit was necessary. In October, 1995, the annual report on the La Fever mine was received by the Planning Division. On November 8, 1995, a letter was hand delivered to Mr. La Fever noticing him to comply with County Code. Chapter -13 of the County Code requires that the'Plenning Commission verify, in a public hearing, the findings`rnade"by the'Public Works Director. However, if affirmation is made at this time, other requirements would be triggered, which could create a severe hardship for Mr. La Fever. It is recommended that the item be continued for 60 days so the -Mining and Reclamation and -Use Permit can be considered. In the meantime there will be a meeting of -the Mining Committee. It is recommended that the hearing not be vacated or any action taken at this time, other than continuance. f Commissioner Lynch asked if Mr. La Fever can continue his operation during the period of continuance. E Mr. Hogan said that Mr. La Fever can continue his operation. If,a finding of affirmation were to be made today, Mr. La Fever would have to cease his operation and not resume until a permit is approved. No one is necessarily at fault for there not being a permit, the business is viable, and Mr. La Fever thought a permit was not necessary. It was moved by Commissioner'Nelson, seconded,by Commissioner Lynch -and carried -unanimously, to. continue this item to June 27, 1996, at 9:00 a.m. to re-examine the permit. '� -- ---------BUTTE'._COUNTY--PLANNING. COMMISSION "MINUTES , — April__ 2.5, _ 1996. w i 4' A. 'Roy La Fever - Violation of Public Resources Code Section 2774.1(a) regarding surface mining for La Fever Top Soil: An order has been issued by the Department of Public Works under Butte County Code Section 13-166(b)(1) which indicates that. a Mining and Reclamation Use Permit is required for La Fever Top Soils. The Butte County Planning Commission under section 13-104 of Article II, of the Butte County -Code is holding a public hearing to affirm the finding of the Butte County Public Works Department. Stephen Hackney said the hearing for the Mining and Reclamation Use Permit has been published for the meeting of January 23, 1997. He said there are no problems with the Permit. Streamlining Act. It was moved, by Commissioner Lynch, seconded' by Commissioner Lamb-ert, and -'carried unanimously, to continue this item OPEN to January 23, 1997 at 9:00 a.m. ,$BUTTE -COUNTY PLANNING'COMMISSION MINUTES - January -9, 1997. B. Roy LaFever. . - Use Permit/Mining Permit/Reclamation ' Plan to allow extraction/removal of topsoil in a 3 acre area with associated selling of landscaping supplies and related sales in a 1 acre portion of the approximately 132 acre parcel. Reclamation to encompass the 3 acre borrow pit, 1 acre sales yard and 3.75 acres of previously mined areas on property zoned "U" (Unclassified located approximately 6 miles south of Oroville along Highway 70, identified as APN 025-160-031. (Continued open from April 10, 1997) C. Roy La Fever -Violation of Public Resources Code Section 2774.1(a) regarding surface mining for La Fever Top Soil: An order has been issued by the Department of Public Works under Butte County Code Section 13- 166(b)(1) which indicates that a Mining and Reclamation Use Permit is required for La Fever Top Soils. The Butte County Planning Commission r under section 13-104 of Article II, of the Butte County Code is holding a public hearing to affirm the finding of the Butte County Public Works Department. A video of the site was shown which was made in June of 1996. Mr. Hackney described the damage caused by the January 1997 flooding and said Mr. La Fever has done repair work on that damage. He said all the information requested 6y. Public Works and Planning over 'the past year has now been provided. A Reclamation Plan which encompasses the previously mined area and the 3 acre borrow pit has been provided. Reclamation costs have been revised to $10,042. Mr. Hackney said staff recommends revisions to Conditions 4, 6 and 11. Caltrans requested a modification to Condition 4 to add the phrase "which shall meet the requirements and timing of Caltrans" and to delete the last sentence. Condition 6 should be deleted since the information has' been provided. Condition 11 should be deleted since a satisfactory Reclamation Plan was submitted. Mr. Hackney noted that just last week all material was submitted using County forms and followed the County's standard format for mining projects. Commissioner Leland was in favor of the bond being posted within 90 days. Mr. Hackney said that according to Condition 2, reclamation must start immediately. Special Condition 2 requires some form of financial assurance before a Use Permit can be issued. Commissioner. Leland was in favor of requiring financial assurance sooner than within two years. Mr. Hackney said additional wording could be included (within 90 days of approval of the Use Permit/Mining Permit and Reclamation Plan). BUTTE COUNTY PLANNING•COMMISSION MINUTES - Mav 8. 1997 Commissioner Cage asked if both the La Fever Use Permit and the La Fever Violation are being discussed at this time. Chairman Lambert thought both items should be discussed, and separated for a motion; or a motion of intent could be made until a Reclamation Plan is seen. Commissioner Mooney said that dealing with a Use Permit is different than dealing with a Violation. Chairman Nelson said that once the Use Permit is approved, the question of a Violation would be moot. Commissioner Mooney said the citation for a Violation should be dealt with., Mr. Hackney said the Violation was put on hold by the Planning Commission to allow the applicant to come into compliance by submitting the proper application and information. Once the Use Permit is approved they will no longer be in Violation and the Violation will be vacated. Commissioner Cage said the Violation has been going on for more than a year. Chairman Lambert said that if the Use Permit is not approved, the Violation will still exist. Commissioner Mooney asked what was the intent of the Violation proceeding. Commissioner Leland wanted to clarify if a . Use Permit can be approved while simultaneously citing the applicant for past Violations, although he would not be in favor of doing that. I I Commissioner Mooney said the Violation'was in place because the applicant did not think he needed a Use Permit. Staff determined there was a Violation, which existed until the applicant pursued a Use Permit. Once the Use Permit is granted, there will no longer be a Violation. Mr. Hackney said the Code states that when there is a Violation, there is an opportunity to be invited to get into compliance. Commissioner Cage said that is the way she remembered it. Mr. Sanders said approval of a Use Permit does not clear up the Violation. The Use Permit needs to be issued after it is approved. Once the Use Permit is approved, there will still be some conditions to be met before the permit is issued. The Commission may want to place time limits on meeting those conditions. , y�RTTTTT: Gl1TTATT_v DT AA77J,TAi!` �nvuTCCT.n�Tu,T.nTmce v_. o inn Commissioner Leland suggested approving the Use Permit and taking no action on the Violation until the time period has passed for issuance. Mr. Sanders explained the process for issuance of Use Permits. R Mr. Hackney said the conditions should be possible to be met within the 90 day time frame. Commissioner Leland asked if the permit could be approved subject to meeting the conditions, and hold off ruling on the'Violation, subject to issuance of the permit. Commissioner Nelson asked if the Commission has to rule on the Violation take care of it? Staff issued the Violation, why can't they get rid of it. or can staff ? Chairman Lambert said staff can't do that since the Violation is based on the action. Commission's Commissioner Mooney asked if the applicant will get credit for the work done, working on the reclamation pond. he has already Mr. Hackney said the work that has been done by the applicant is part of the re and staff will inspect the completed work to verify that the work has been done proaerl p Y Chairman Lambertdid not think the bond being required is excessive. Mr. Hackney said Public Works is satisfied with the bond amount. ; HEARING OPEN TO THE PUBLIC Roy La Fever said the conditions are acceptable. He said the work is 75% complete and the remaining slope work will be done in June. The reseeding of the banks should take place in the fall for best results. He said most of the debris from the flooding has be cleared up. He is trying to find a company that will issue a bond with reclamation and performance in the same sentence. There is a problem with a bond being issued for a performance bond for reclamation as it applies to mines. His contention is that he is not mining. His insurance company thinks he will get a bond, since there are no toxic materials involved. If there is no bond, he will take care of the problem some other way. He will take the trees which have sprouted on the bottom of the pit and put them on the slopes so they can grow naturally. e y Chairman Lambert said that 90 days should be adequate to meet the conditions the bond.. She said if the Use Permit and Violation are split up, the Violation sho o dt be continued until December, to verify that all conditions have been met and the -Use Permit issued. BUTTE COUNTY PLANNING COMMISSION MTNTTTL'Q _ u„_. 0 Commissioner Cage asked if that would mean a six months continuation for the Violation. She said that has been done before. HEARING CLOSED TO THE PUBLIC Chairman Lambert asked if the Commission wants to see the Reclamation Plan before finalizing approval of the Use Permit. There was consensus that the Commissioners did not want to see the Reclamation Plan and would rely on staff in that matter.. It was moved by Chairman Lambert, seconded by Commissioner Leland, and carried unanimously, for approval of the Use Permit/Mining Permit and Reclamation Plan to allow the removal of the topsoil on 3 acres as stated in Exhibit "A", deleting Special Condition 2 from the January memo, retaining Special Conditions 1 and 2 in the most recent memo, changing the date from June to September on Condition 2, modifying Condition 4 by deleting the last sentence and inserting "which shall meet the requirements and timing of Caltrans" after "Encroachment Permit." Deleting Conditions 6 and 11 in their entirety. Modifying Special Condition 2 to add the words, "within 90 days of approval of the Use Permit/Mining Permit and Reclamation Plan." Commissioner Leland pointed out that Condition 12 is ambiguous "Provide an all weather access to all structures, which is designed to carry a 40,000 pound fire apparatus at least 10 feet wide with a 15 foot vertical clearance." Does the 10 foot width refer to road width or the width of the fire truck? Mr. Hackney said Captain Ted Crawford could be consulted regarding the wording of the Fire Department condition. File # UP 96-02 - Roy LaFever is hereby granted a Use Permit/Mining Permit in accordance with application filed: 4/30/96 to extract/remove topsoil (Columbia fine sandy loam) in a 3 acre area with associated selling of landscaping supplies and related sales in a 1 acre portion of the approximately 132 acre parcel. The 132 acre parcel extends east/west from Hwy 70 to the Feather River. Reclamation efforts will encompass both the 3 acre borrow pit, 1 acre sales yard and the 3.75 acres of previously mined areas identified as Area 2 on the "Supplemental Information" (submitted November 11, 1996). The borrow pit site will be restored to agricultural production by planting a pecan grove. The previously mined areas, Area 2, will be restored to a natural state by implementing slope construction, stabilization and seeding/planting of grasses and trees. The project site is zoned U (Unclassified) with a General Plan designation of Orchard & Field Crops, located approximately 6 miles south of Oroville along Hwy 70. The site is located in Supervisorial District 4, and, as a condition of approval, to provide for the reclamation of this mined area in accordance with the approved Reclamation Plan on file. Pursuant to the. provisions of Chapter 13 of the Butte County Code and the special conditions set forth. below: BUTTE COUNTY PLANNING COMMISSION MINUTES - May 8, .1997 w 0 • 1. As a condition of approval for the permit or the reclamation plan, or both, periodic inspections of the site by the public works department shall be made to evaluate continuing compliance with the permit and the reclamation plan. 2. Upon a finding by the Planning Commission that a guarantee for the reclamation of the mined land is necessary, the applicant shall secure a reasonable type of financial assurance, approved by the Director of Public Works, either in the form of a surety bond, irrevocable letter of credit, or trust fund, payable to the County of Butte and the Department of Conservation within 90 days of approval of the Use Permit/Mining Permit and Reclamation Plan. FINDINGS: Section 1: Environmental Findings. A. ' Find that an Initial Study was completed in compliance with the California Environmental Quality Act which -identified potential significant environmental effects that the project may have and, but provisions in the project plans or proposals agreed to by the applicant would mitigate such effects to a point where clearly no significant environmental effects would occur; and B. The design of the project and use of the land have the potential to cause environmental damage to fish or wildlife or their habitat and the collection of Department of Fish and Game Environmental Filing Fees is required; and C. The Planning Commission has independently reviewed, analyzed and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and hereby finds that the said Negative Declaration with mitigation measures adequately represents impacts associated with this project; and Section 2: Zoning Ordinance Findings. A. The proposed use of the property will not impair the integrity and character of the zone in which the land lies and the use would not be unreasonably incompatible with, or injurious to, surrounding property or detrimental to the health, safety and general welfare of the persons residing or working in the neighborhood or to the general health, welfare and safety of the County because the use, with an approved Use Permit/Mining Permit/Reclamation Plan, is consistent with the Butte County General Plan and surrounding parcels; and B. The use would not be unreasonably incompatible with or injurious to the general health, welfare and safety of the residents of Butte County in that conditions imposed by this permit, if adhered to by the applicant, will ensure that the public safety is protected. -- —=— -r BUTTE COUNTY PLANNING COMMISSION MINUTES - May 8, 1997 Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this Exhibit- A, Use Permit/Mining Permit/Reclamation Plan for Roy LaFever on APN 025-160-031 to allow the extraction of topsoil and a sales yard area for the retail/wholesale of soil, bark, & mulch is approved subject to the conditions listed herein. B. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works, or their designee, upon receipt of a substantiated written request by the applicant. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. C. Conditions of Approval: 1. Reclamation shall begin on the borrow pit site no later than twelve (12) months prior to the conclusion of the Use Permit, December 31, 2004. 2. Reclamation on the previously mined areas, identified as Area 2 in the Supplemental Information, November 8, 1996, shall begin concurrently with approval of this application request for a Use Permit/Mining Permit/Reclamation Plan, and be completed to the satisfaction of the Director of Development Services and the Director of Public Works by September, 1997. 3. Prior to issuance of a Use Permit/Mining Permit, the applicant shall incorporate an Erosion Control Plan into the Reclamation Plan. The Erosion ,Control Plan shall be prepared by a registered civil engineer, shall incorporate Best Management Practices, and shall be reviewed and approved by the County Director of Development Services and Director of Public Works, or their designee. 4. Prior to issuance of the Use Permit/Mining Permit, the applicant shall obtain a Caltrans Encroachment Permit, which shall meet the requirements and timing of Caltrans, to upgrade the access road from the project site road connection to State Route (SR) 70 to paved commercial standards. 5. The applicant/operator shall mine no closer to the riparian vegetation than indicated on Site Plan Alternate 'B.' All mining activities shall remain at least 10 feet outside of the dripline of the riparian vegetation, marked and flagged as to the location of the top edge of the bank. v BUTTE COUNTY PLANNING COMMISSION MINUTES - May 8, 1997-' ��� IN 6. Prior to the issuance of the Use Permit/Mining Permit, the applicant shall obtain the necessary streambed alteration permits required by Section 1600- 1603 of the California Fish & Game Code and shall submit a copy to the Director of Development Services, or his designee. 7. Prior to the issuance of the Use Permit/Mining Permit, the applicant shall obtain the necessary Industrial Storm Water Permit from California Regional. Water Quality Control Board Central Valley Region and shall submit a copy to the Director of Development Services, or his designee. _ _ 8. Prior to the issuance of the Use Permit/Mining Permit, the applicant shall obtain the necessary Floodway Encroachment Permit from the California Reclamation Board and shall submit a copy to the Director of Development Services, or his designee. Relevant measures and monitoring requirements shall be incorporated into the Reclamation Plan. 9. Prior to the issuance of the Use Permit/Mining Permit, the applicant shall obtain the necessary permit(s) from the U.S. Army Corps of Engineers and shall submit a copy to the Director of Development Services, or his designee. Relevant measures and monitoring requirements shall be incorporated into the Reclamation Plan. 10. Provide an all weather access to all structures, which is designed to carry a 40,000 pound fire apparatus at least 10 feet wide with a 15 foot vertical clearance. It was moved by Commissioner Leland, seconded by Commissioner Mooney, and carried unanimously to continue consideration of the La Fever Violation hearing to the first meeting in December (December 11, 1997). Commissioner Nelson thought another Violation could be issued if the Use Permit is not carried out. He said a Violation implies badness and the applicant is trying to be good. Commissioner Mooney said the appliant has a time limit to get rid of the Violation. Mr. Hackney said if a new Violation is issued there is a new time frame. BUTTE COUNTY PLANNING COMMISSION MINUTES -� May 8; 1997 Me P 23 �3 r r 23 3 C. 3 o 2A 6� IPSI14-14( I acl O C9C' 32 •WOOI 1920.87 at, Q' .I a O /40 AC. 4 . 1 3 5o Ad. laO w� SOAc.Ac e 2637.69 51.75 AC 65 - - - - tAtt 14 39.89 _ - O 44.24 AC 95 11 a 2 3 4 a r` 2636.42 319.9Ac MOUSE HILL 90 �4m 9/ rope 92.orMirm V, 178AC. r o M 93AC 2635.16 M rll 2.72Ac 44.24 AC097 31 62.08 i, K O KIST R2633.88 P A `\ 160AC. - !360- -- - -f3-33.Z2- - - 71 41 ro 101 to 8 � 3 - 60AC 95.20 AcqD O I: -� 44.24AC 44.23 AC v �6; 3IOD I' PM103-851 • I i ! 30.72 1300.71 I N.9! 2 5216 • .13� _* / t -371.74 .w✓ar RANcm Ra 22 69_ o ' wESTs1s2.3� 1p �• 29.431AC. -2 5 j/S.O$AC -379.44 ( /45.99 AC. 25.06AC BK 27 70 2 /711_2 z 6343 4 c 2 2a 29.466 Ac Y 3 -385Ji4 /04 f08 • Z4 �- 76 77 PAf 80r 3 S V - - - - - - - - - - - 418.27 PM I15-44 - - !•467- -.--✓uuF"-inn% co &P 1329.34 1299.3 r I 5�2861 51 AC- 14-,�f Q -377.27 co i STS-r6- 85.r 3 87 co ai 97GAe N.77Ao 35882 /O2 43.84AC a 43.OIAC v A3 950. rr.lrsAe� -w 54.0/ AC: g 88 tlrAe -362JQ PM/03-851 6 S I' 99•5E 2654.5 94 50c. 93 CIRCLE G RANCH ROAD -.-----t-------------- 39 34.5 Ac a 40A 14 2:71 AC ; Y B I 5V ® 2� , • I •40AC. 402.29AC mJ."k, 28 / 82 140 SEA`' 28A Y.' 9 z6Ac > 154AC. 83.67Ac M 1 wi W bj 2 S 89 4 2M < 79.5Bgc ,� N 84 .• v ©2 1- 6 PM 65- l 46.88Ac 83 a 5 0 QC3!!C. W (' N_ Z S 44 I PIM 65-34 262228 O v J Q [?.e.3 21' IB 17 Assessors Map No. 25- ARY SEALEY SUB MO.R. BK. 8 PG. 25 (� - `-- '""� .3 ' County of Butte, Calif. I Mme. SEALEY SUB. M.O.R. BK. 2 PG. 163 ,� REv1sFn� 7 _ o. -"Eatte, county LAN D C r i... f U?AL ::-._ i t DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: 19161 538-7601 FAX: (916) 538-7785 July 15, 1996 Mr. Roy La Fever La Fever Topsoil, Etc. 2603 Highway 70 Oroville, CA 95965 Re: CA Mine ID #91-04-0016 Dear Mr. La Fever: At the regular meeting of the Butte County Planning Commission held July 11, 1996, the public hearing was continued open to September 26, 1996, at 9:00 a.m., to consider your top soil operation on property identified as AP 025-160-031. The meeting will adjourn for a field trip at 1:30 p.m. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. Should you have any questions regarding this matter, please contact this office. Very truly your , V m Farrel tor of Development Services WF:lr cc: k:\forms\continue. frm 2 + COUNTY OF I&TE OROVILLE, CALIFORNIA V •E Oroville Mercury Register N i P.O. Box 651 � , Oroville, CA 95965 R.� Attn: Donna OLD PURCHASE ORDER t Issued By Planning Department C148161 DATE QUAN. INVOICE NO. AND DESCRIPTION AMOUNT CHARGE TO W.O. k F15/96 PUBLIC BEARING TIOTICE 480-001-37 To be published in the Oroville Mercury ozi Thursday, February 22, 1996 Please furnish.this office two copies of the affidavit of publication. (La Fever - Mining Violation) Butte County Planning ,�;r}_._ 7_ County Center Drive Oroville, CA 95965 CIO a i r ..F t: C•1 f TOTAL I, the undersigned, hereby certify that,trst of my knowledge, the services or articles specified above have been perfiorrrtebr�tie�rf�r d or, where authorized, are hereby contracted for and that there is a Budget Appropriationfoc the,same. Dated: bq-3 W Department Head or Authorized Deputy Dept. & Sub. Project Sub. Obj. Invoice No. I Invoice Date I Encumbrance C148161 Gross Amount I Discount Submit WHITE, CANARY and PINK to PURCHASING with vendor's invoice. Retain GOLDENROD. y OWN County Pur�haug , . R2 8 199 Orovitie, Cettf$rnie 0 ►7 #" COUNTY OF I&TE OROVILLE, -CAL ORNIA V •E Oroville Mercury Register N. P.O. Brox 651 D Oroville, CA 95965 0 R Attn: Donna I - f.. E Issued By Department OLD PURCHASE ORDER Planning 0148161 DATE QUAN. INVOICE NO. AND DESCRIPTION AMOUNT CHARGE TO W.O. # /15/96 PUBLIC HnB INN NOTICE 480-001--3 7 To be published in the Oroville Mercury on Thursday„ February 22, 1396 Please furnish this office two copies of the affidavit of publications. (La Fever - Mining Violation) Butte County Planning 7 County Center Drive Oroville,. CA 95965 TOTAL I, the undersigned, hereby certify that, b the best of my knowledge, the services or articles specified above have been performed or delivered or, where authorized, are hereby contracted for and that there is a Budget Appropriation for the same. Dated: -2 C1 C A C148161 Department Head or Authorized Deputy Dept. & Sub. Project Sub. Obj. I Invoice No. I Invoice Date I Encumbrance Gross Amount Discount Submit WHITE, CANARY and PINK to PURCHASING with vendor's invoice. Retain GOLDENROD. P. -'-1 E 0 R r, V I L L E. C,�- 9 E u 6 ELL DATE ELL FROM 02/22/96 i 02/22/96 Butte Co Planning t. 7 County Center Drive oroville, CA 95965 T-RiMS C 1 Net 15th of Month LILL TO SALES 02/22/96 Chris Sims SILLED 2050 AV.01-INT DUE 1-7 PAC 24.90 DETACH AND REMIT TOP PORTION WITH YOUR PAYMENT DATE DESCRIPTION TIMES UNITS R AT E 02/22/96 Legal Advertising C148161 24.90, La Fever Mining Violation i• i OVER 3 0 DAYS G V E R 60 0A`( CUPRENT AiM.OUNT 24.90 24.90. TOTAL BALANCE DUE WITHIN 15 DAYS 1ILLE-D ACCOUNT NO. Aft 2050 Butte Co Planning OLL DATE 2/22/96 :� h Ah PUULIC NOTICE. BUTTE COUNTY. PLANNING COMMISSION NOTICE OF PUBLIC HEARING • Notice -is ,hereby given by" the Butte • ` ; ! - County Planning Commission that pub= r ti • a lic hearings will be held on Thursday, r' r April 25: 1996,in'the Butte County ! v Board of Supervisors',, Room, County `• Administration Center, 25 County ,Cen- ter Drive, Oroville, California, regarding' the following item at the following time: ~� r 9:00 a.m. -Roy La Fever- Violation of. Public Resources Code Section , ' } 2774.1(a) regarding surface m_,in- �.. .. . ..• Ing for La Fever Top Soil. An qrdifj Declaration On Of• Publication, has been issued -by -Public Works under Butte County•CodesectioIn the Superior Court of the State of California 13-116(b)(1) which.indicates that ai Mining and Reclarr6tion Use Perm'ti in and for the County of Butte y is required for La'Fever,Top'Soft. The • Butte County. Planning:, Com-,I " ' 4386,' mission under "Section -13-1041of _ Mercury Register Legal No. Ariticle II, of the Butte County Code; is holding a public'hearing toiaffirm' y �, CaSB NO: •-. - ` the .finding of the Butte County• Public Works Department. fhe above mentioned file is 'available or public viewing at the-office of the Butte County Planning Department;,7,: PUBLIC NOTICE County Center Drive, Oroville,,.Califor= ' + nia. Comments, may'be submitted l in ` writing any time'prior t6the hearing di orally at the meeting listed above or as continued to: a' dater.' date.t If, you; BUTTE . COUNTY PLANNING challenge, the:' above applications linCOMMISSION NOTICE OF court, you may be limited to raising•oniy I Y, issues _you _or , someone :else , PUBLIC HEARING , raised at the public hearing described in this notice or in written correspond`, 1 •ence delivered to,the Planning. Com- mission,-at or prior- -to.' publiG hearing..BUTTE COUNTY' 'tf `^'{ i,, Sherry Ott' PLANNINd COMMISSION'S Y;i l/ say: " BARRY K. HOGAN; c• ny I am over the age:of eighteen years and. not, PLANNING MANAGER ^ __ No. 4386 -FEB 22 (1t)' t a party to or interested in the within matter. At all relevant times 1 was and am the Chief Clerk employed by the Oroville Publishing Co., a cor- - poration, which is and was the printer and pub !fisher of the Orovilfe Mercury-Register, a daily newspaper printed, published and circulated in the County of Butte; State of California.' The notice, a copy of which is attached hereto, was ' published in said newspaper on the following dates: February 22," 1996q ` • s 1 " _ 1 declare under penalty of perjury that the foregoing is true and correct: • Executed at Oroville, California this 22nd day of February -Adjudication #26747 issued 7/52. - AGENDA ITEM AGENDA REPORT TO: Honorable Chair and Planning ComMission FROM: Barry K. Hogan, Planning Manager , DATE: February 26, 1996 REQUEST: Roy La Fever -Violation of Pub esources Code Section 2774.1(a) regarding surface mining for La Fever Top Soil: An order has been issued by the Departement of Public Works under Butte County Code Section 13-166(b)(1) which indicates that a Mining and Reclamation Use Permit is required for La Fever Top Soils. The Butte County Planning Commission under Section 13-104 of Article II, of the Butte County Code is holding a public hearing to affirm the finding of the Butte County Public Works Department. RELATED ITEMS: None FOR: Planning Commission Meeting of April 25, 1996 Summary: The subject site is located approximately one half mile south of Powerhouse Hill Road on the west side of Highway 70. The property is also identified as Asessor Parcel Number 025-160-031. Under the requirements of Chapter 13 the Public Works Director has determined that La Fever Top Soil is a mining operation and, therefore, subject to the requirement to obtain a Mining and Reclamation Use Permit. Mr. La Fever has been notified of the Public Works Director's findings and does not concur. Section 13-104 requires that a public hearing be held by the Planning Commission to affirm the finding of the Public Works Director. ANALYSIS: Article II Surface Mining and Reclamation of the Butte County Code, Sections 13.101 et. seq. specify the requirements for surface mining and reclamation for operations that are defined as mining in Butte County. Specifically, surface mining operations are defined as follows: All, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open pit miniing of minerals naturally exposed, mining by the auger method, dredging and quarring, borrow pitting, stream bed skimming, and segregation or stock -piling of mined materials (and recovery of the same), or surface work incident to an underground mine. Surface mining operations shall include, but are not limited to: (a) In-place distillation, retroting or leaching. (b) The production and disposal of mining waste. (c) Prospecting and exploratory activities. The Director of Public Works has found that the La Fever Top Soil operation is a mining activity. It has also been found that the activity is occuring without the benefit of a Mining and Reclamation Use Permit as required by the Butte County Code. Mr. Le Fever has been notified of the finding of the Director and has not complied by applying for a Mining and Reclamation Use Permit. The Planning staff concurs with the findings of the Director. The Planning Commission is asked to affirm the findings of the Director of Public Works that La Fever Top Soil is a mining operation and is subject to Chapter 13 of the Butte County Code. By making this finding Mr. La Fever, by the requirements of the Butte County Code Chapter 13 must immediately cease his operation and obtain the required Mining and Reclamation Use Permit. ■ Butte County Department of Development Services - Planning Division ■ AGENDA ITEM ENVIRONMENTAL DOCUMENTATION: This action is not defined as a project and is therefore, not subject to the California Environmental Quality Act. PUBLIC NOTICE AND COMMENTS: This action requires that a public hearing be held. Notices of the hearing will be mailed to the property owners within 300 feet of the exterior boundaries of the subject property and has been advertised in the Oroville Mercury. At the time of this report no publiic coments have been received. RECOMMENDATION: It is recommended that the Planning Commission affirm the decision of the Public Works Director establishing La Fever Top Soils as a mining operation subject to the requirement of a Mining and Reclamation Use Permit. Attachments: A. Vicinity Map , B. November 8, 1995 Letter to Mr. La Fever k:\projectsNlafever.vioMafever.rpt ■ Butte County Department of Development Services - Planning Division ■ . 2 Mr. Roy La Fever LaFever Topsoil, Etc. 2603 Highway 70 Oroville, CA 95965 Re: Mining Permit - CA Mine ID #91-04-0016 Dear Mr. La Fever: u� ��unt - • t� - _ A BEAUTY DEPARTMENT OF PUBLIC WORKS J. MICHAEL CRUMP, Director 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965 -TELEPHONE: (916) 538-7681 - FAX: (916)538-2140 RONALD D. McELROY Assistant Director November 8, 1995 Thank you for meeting with me to discuss my June 15, 1995 letter and to show me around your property. During our conversation, you stated that your operation did not fall under the provisions of the California Surface Mining and Reclamation Act of 1975 (SMARA). I have yet to complete an exhaustive search of that Act to ascertain your claim, however, it is clear to me that your operation does fall under County Code Article II, Surface Mining and Reclamation. I have attached that section of the County Code. Section 13-104 of Article II requires any person, ..... who proposes to engage in surface mining operation as defined in this article, shall submit and application for a mining permit, reclamation plan, and use permit if the zone requires, to the County Department of Development, Services, Planning Division. "Surface mining operations" is defined in Section 13-102 of Article II as the process involved -in the mining of minerals on mined lands. ; "Minerals' is defined in the same section as any naturally occurring'chemical element or compound or groups of elements and compounds, formed from inorganic processes and organic .substances, including but not limited to sand, gravel, aggregate .... Therefore, itis my determination that you are not in compliance with the provisions of Article II Surface Mining and Reclamation. You are further noticed that you have 30 days to comply with County Code by submitting an application for a mining permit with a reclamation plan to the County Department of Development Services Planning Division within 30 days. Very truly yours, ' L Mike Crump Director of Public Works . f MC: jg enc. CC: Steve Hackey, Development Services - Planning '\ Cam Downey, Office of Mine Reclamation I ZE F U OFC 025-160-031 r Ro A-5 OFC Zone in bla GPinRed March 14, 1996 Mr. Roy La Fever LaFever Topsoil, Etc. 2603 Highway 70 Oroville, CA 95965 butte Count DEPARTMENT OF PUBLIC WORKS J. MICHAEL CRUMP, Director 7 COUNTY CENTER DRIVE . OROVILLE, CALIFORNIA 95965 TELEPHONE: (916) 538-7681 HAND DELIVERED FAX: (916) 538-2140 Re: Mining Permit - CA Mine ID #91-04-0016 Dear Mr. La Fever: Enclosed is an official order to comply with Article II of Chapter 13 of the Butte County Code. RONALD D. McELROY Assislanl Director On November 9, 1995, a letter was hand delivered to your address at 2603 Highway 70 in Oroville notifying you that your business, La Fever Topsoil, Etc., fell under the requirements of Butte County Code Chapter 13 - Article II, Surface Mining and Reclamation. Section 13-104 of Article II requires any person, ...., who proposes to engage in surface mining operation as defined in this article, shall submit and application for a mining permit, reclamation plan, and use permit if the zone requires, to the County Department of Development Services, Planning Division. As of March 14, 1996, no action had been taken to comply with Section 13-104 of the Butte County Code. Since the violation has extended beyond thirty (30) days of the original notice, an official order to comply with Article II of Chapter 13 of the Butte County Code has been issued. In accordance with Section 13-116.2, the notice sets a public hearing for April 25, 1996, at 9:00 a.m. concerning your alleged violation of Butte County Code Section 13-104. The hearing will be held by the Butte County Planning Commission in the Board of Supervisors room at 25 County Center Drive, Oroville, California. If you have any questions or would like to discuss the steps needed to comply with Chapter 13 - Article II of the Butte County Code, please call me at (916)538-7681. Sincerely, ✓ Mike Crump Director of Public Works encs. (2 cc: Ste_v_e Hackney., De_v_elopment Services - Pllannin Cam Downey, Office of Mine Reclamation 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 • • ORDER TO COMPLY WITH ARTICLE II OF CHAPTER 13 OF THE BUTTE COUNTY CODE TO: . Roy La Fever La Fever Topsoil, Etc. 2603 Highway 70 Oroville, CA 95965 RE: CA Mine ID #91-04-0016; AP #25-16-31 YOU ARE HEREBY ORDERED, pursuant to Butte County Code Section 13-116 to comply with Article II of Chapter 13 of the Butte County Code by submitting an application for a mining permit and for approval of a reclamation plan for the mining operation on the subject property. The application must be submitted to the Department of Development Services at 7 County Center Drive, Oroville, California, prior to the hearing date specified below. YOU ARE FURTHER ORDERED to cease all surface mining operations on the subject property unless and until you have applied for and received a mining permit and approval of a reclamation plan allowing such mining operation. This Order is being issued for the following reasons: 1. You have been mining on the subject property without a mining permit and without a mining permit and without an approved reclamation plan, in violation of Butte County Code Section 13-104. 2. You were notified of said violation by my letter to you dated November 8, 1995, and .personally served on you on November 9, 1995. 3. The violation has extended beyond thirty (30) days after the date said notification letter was served on you. A hearing has been set for April 25, 1996, at 9:00 a.m. concerning your alleged violation of Butte County Code Section 13-104. The hearing will be held by the Butte County Planning Commission in the Board of Supervisors room at 25 County Center Drive, Oroville, California. This Order will not take effect until after said hearing has been held. If you fail to comply with this Order after its effective date, you shall by subject to an additional order imposing an administrative penalty. The amount of the penalty will be determined by the Planning Commission pursuant to Butte County Code Section 13-116 (b) (5), taking into consideration the nature, 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 J circumstances, extent, and gravity of the violation, any prior history of violation, the degree of culpability, economic savings, if any, resulting from the violation, and any other matters justice may require. The amount of the penalty may be up to five thousand dollars ($5,000.00) per day, assessed from the original date of noncompliance with Butte County Code Section 13-104. _ A copy of Article II of Chapter 13 of the Butte County Code, including Sections 13-104 and 13- 116, is attached hereto for your information. , -L Date Mike Crump Director of Public Works cc: Steve Hackney, Development Services - Planning (w/o attachment) Cam Downey, Office of Mine Reclamation (w/o attachment) .orrsa BARNNART 0 E - BRAWN & ASSOCIA?� CIVIL ENGINEERS • LAND SURVEYORS March 14, 1996 Stephen Hackney, Associate Planner Department of Development Services County of Butte 7 County Drive. Oroville, CA 9.5965. • .A7on G. Brown, P.E. Richord Somhorl, P.I.S. RE. Roy La Feaver Mining Permit # 91-04-0016. Reclamation Plan and Pending Use Permit for expanded mining 'operations'- and Reclamation Plan'. Dear Mr.•Hackney; Please let this confirm my visits to your. office on January 25 and February 22, 1996 relating to the subject top soil operation and the pending expansion to include gravel extraction and sales. As -we discussed, Barnhart�-Brown-and Associates has been retained'to develop the needed Reclamation Plan for the historical top soil operations that Mr. La Feave_r has been conducting for sometime. Our assignment is to address those items contained in the various correspondence from you and Mike Crump to Mr. La Feaver. We discussed the Reclamation Plan needs in January. The ekpanded*Barnhart-Brown-and Associates assignment includes the work necessary to file a Use .Permit fox • a gravel ope •ration adjacent to the Feather River together' with the Reclamation Plan, as we discussed in Pebruary. During our digcussions. you noted that Butte County does "not have a standard developed for Reclamation Plans at this time and that you would send to me a sample that SMRA feels should be followed in operations like Mr. .La Feaver•s. I left you my cards to assist in the mailing. Barnhart -Brown and Associates has completed the aerial mapping that your suggested was component in the SMRA sample. We need the complete sample package at this time to complete our assignment. Please send the SMRA sample at- your earliest Opportunity. - Very truly yours, BAR4HART-BRO _ an ASSOCIATES Cook/wN�% Civil Engineer 950e4.MI4 2060 Park Ave. RO. Sox 1576 Oroville`CA 95965 (916)534-1911 (916)533-6457 FAX(916)$34-0908 9 • BUTTE COUNTY PLANNING COMMISSION - NOTICE OF PUBLIC HEARING Notice is hereby.given by the Butte County Planning Commission that public hearings will be held on Thursday, April 25, 1996, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item at the following time: 9:00 a.m. - Roy La Fever - Violation of Public Resources Code Section 2774.1(a) re aq rding surface mining for La Fever Top Soil. An order has been issued by Public Works under Butte County Code Section 13-116(b)(1) which indicates that a Mining and Reclamation Use Permit is required for La Fever Top Soils. The Butte County Planning Commission under Section 13-104 of Article II, of the Butte County Code, is holding a public hearing to affirm the finding of the Butte County Public Works Department. The above mentioned file is available for public viewing at the office of the Butte County Planning Department, 7 County Center Drive, Oroville, California. Comments may be submitted in writing any time prior to the hearing or orally at the meeting listed above or as continued to a later date. If you challenge the above applications in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION BARRY K. HOGAN, PLANNING MANAGER To be published in the Oroville Mercury on Thursday, February 22, 1996. L: 025 160 03i 000 STATUS: ACTIVE LAFEVER ROY EARL SR & JOANNE ETAL TC 2603 HWY 70 OROVILLE CA 95965 L: 025 160.081 000 STATUS: ACTIVE POOR MONTY 2545 HWY 70 OROVILLE CA 95965 L: 025 160 082 000 STATUS: ACTIVE WINANT LEON J & MAUREEN M REV TRUST WINANT LEON J & MAUREEN M TRUSTEES 174 SIMPSON DR DALY CITY CA 94015 L: 025 160 083 000 STATUS: ACTIVE ALLEN LAURA A 2491 HWY 70 OROVILLE CA 95965 L: 025 160 067 000 STATUS: ACTIVE DALEY ROBERT M & LAVERNE ETAL 906 BLACK BART RD OROVILLE CA 95966 L: 025 160 033 000 STATUS: ACTIVE BLACK ROBERT it & PATRICIA A 2546 HWY 70 OROVILLE CA 95965 L: 025 160 039 000 STATUS: ACTIVE PINA ELVERA 2572 HWY 70 OROVILLE CA 95965 L: 025 160 040 000 STATUS: ACTIVE CARD CHARLES D & BRIGITTE M P 0 BOX 81 BERRY CREEK CA 95916 L: 025 160 093 000 STATUS: ACTIVE LONG JOHN P SR & ROBERTA J 2620 HWY 70 OROVILLE CA 95965 L: 025 160 094 000 STATUS: ACTIVE HINES KENNETH W ETAL 2630 HWY 70 OROVILLE CA 95965 • L: 025 160 085 000 STATUS: ACTIVE LOVE DANIEL J & SHER! L JT 2680 HWY 70 OROVILLE CA 95965 L: 025 160 086 000 STATUS: ACTIVE WALKER CARL LEE SR 6433 MOSS LN PARADISE CA 95969 L: 025 160 087 000 STATUS: ACTIVE AHRENS JERRY W 191 WALKER LN OROVILLE CA 95965 L: 025 160 088 000 STATUS: ACTIVE DAVIS JAMES R & NANCY A 162 WALKER LN OROVILLE CA 95965 L: 025 160 012 000 STATUS: ACTIVE TUSCANO JOHN ETAL JT P 0 BOX 706 YUBA CITY CA 95992 L: 025 160 014 000 STATUS: ACTIVE MITCHELL VELMA ETAL JT 551 NEWBRIDGE ST MENLO PARK CA 94025 L: 025 160 066 000 STATUS: ACTIVE HERNANDEZ JANE SELLARS REVOCABLE TRUST 2689 HWY 70 OROVILLE CA 95965 L: 025 130 030 000 STATUS: ACTIVE CHAMBERS MICHAEL ROY ETAL CHAMBERS BETTY J 1572 GLEN ELLEN DR GRIDLEY CA 95948 L: 025 130 034 000 STATUS: ACTIVE STATE OF CALIFORNIA DEPT WATER RESOURCES RT 1 BOX 38A BIGGS CA 95917 1 '0�3�,-. e� _ o3G) P► Nom. ►joC,S '� 085 ►�vc � -bQvjs i F Op r " HAND DELIVERY CERTIFICATION .+ �} " "• •. ` ,certify, that I hand+delivered the original copyof 4 r r (name) . { r r the attached letter to La Fever Topsoil, Etc. { . , • " tr 2603 Highway 70 s + Oroville, CA 95965,Id . • - • ° ' t) wq fa on t r42 (date) (time) a Si nature •2, Title y r ,.AI File No. BUTTE COUNTY IFo, Adion 1,2.3) Public Works Department (For informafion ✓) 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 ' i Land' Dev. Permits Addressing' pr ,c �• Ski•• . d: .:: �;V. 2.2 },'• � \� OM1:. ;: .. :.:::•.ate:\r4y:f::{:•:i;.+•:.;. .::}%� .:: _:: .. § 13-101 GRADING AND MINING § 13-101 ARTICLE II. SURFACE MINING AND RECLAMATION' Sec. 13.101. Purpose and intent. (a) The purpose of this article is to implement the provisions of the California Surface Mining and Reclamation Act of 1975 as amended (the "Act," Public Resources Code section 2710 et seq.). (b) It is the purpose and intent of the board of supervisors 'to . create and maintain an effective and comprehensive surface mining and reclamation policy with regulation of surface mining operations so as to assure that: (1) Adverse environmental effects are prevented or minimized and that mined lands are reclaimed to a usable condition which is readily adaptable for alternative land use. (2) The production and conservation of minerals are encour- aged, while giving consideration to values relating to rec- reation, watershed, wildlife, range, and forage and aes- thetic enjoyment.. ; (3) Residual hazards to the public health and safety are elim- inated. (4) The extraction of minerals is essential to the continued economic well-being of the county and .to the needs of so- ciety, and that reclamation of mined lands is necessary to prevent or.minimize adverse effects on the environment and to protect the public health and safety. (5) The reclamation of mined lands as provided in this article will permit the *continued mining of minerals and will pro- vide for the protection and subsequent beneficial use of the mined and reclaimed land. (6) Surface mining takes place in diverse areas where the geo- logic, topographic, climatic, biological and social'conditions *Editor's note—Section 1 of Ord. No. 3083, adopted Aug. 10, 1993, repealed Art. II in its entirety. Formerly, Art. II consisted of §§ 13.101-13-110 and §§ 13.112-13-115, which pertained to replacement of material displaced in surface mining operations and derived from § 1 of Ord. No. 1827, adopted May 24, 1977. and §§ 1-4, 6, and 7 of Ord. No. 2003, adopted Feb. 13, 1979. Section 2 of Ord. No. 3083 further provided Cor the addition of a new Art. II, §§ 13.101-13.116, as herein set out. 157 Supp. No. 9-93 V' § 13-101 GRADING AND MINING § 13-101 ARTICLE II. SURFACE MINING AND RECLAMATION' Sec. 13.101. Purpose and intent. (a) The purpose of this article is to implement the provisions of the California Surface Mining and Reclamation Act of 1975 as amended (the "Act," Public Resources Code section 2710 et seq.). (b) It is the purpose and intent of the board of supervisors 'to . create and maintain an effective and comprehensive surface mining and reclamation policy with regulation of surface mining operations so as to assure that: (1) Adverse environmental effects are prevented or minimized and that mined lands are reclaimed to a usable condition which is readily adaptable for alternative land use. (2) The production and conservation of minerals are encour- aged, while giving consideration to values relating to rec- reation, watershed, wildlife, range, and forage and aes- thetic enjoyment.. ; (3) Residual hazards to the public health and safety are elim- inated. (4) The extraction of minerals is essential to the continued economic well-being of the county and .to the needs of so- ciety, and that reclamation of mined lands is necessary to prevent or.minimize adverse effects on the environment and to protect the public health and safety. (5) The reclamation of mined lands as provided in this article will permit the *continued mining of minerals and will pro- vide for the protection and subsequent beneficial use of the mined and reclaimed land. (6) Surface mining takes place in diverse areas where the geo- logic, topographic, climatic, biological and social'conditions *Editor's note—Section 1 of Ord. No. 3083, adopted Aug. 10, 1993, repealed Art. II in its entirety. Formerly, Art. II consisted of §§ 13.101-13-110 and §§ 13.112-13-115, which pertained to replacement of material displaced in surface mining operations and derived from § 1 of Ord. No. 1827, adopted May 24, 1977. and §§ 1-4, 6, and 7 of Ord. No. 2003, adopted Feb. 13, 1979. Section 2 of Ord. No. 3083 further provided Cor the addition of a new Art. II, §§ 13.101-13.116, as herein set out. 157 Supp. No. 9-93 e ��k ~{�k •'nu 'rte aye.^ '•p;• + v.v.}p��: Vim. § 13-102 . BUTTE COUNTY CODE 113-102 are significantly different and that reclamation operations and the specifications therefor may vary accordingly. (c) This article shall be reviewed annually and revised, as nec- essary, irr order to ensure that it is in accordance with the state policy for mined lands reclamation and to encourage the mining industry of Butte County. (Ord. No. 3083, § 2, 8-10-93) Sec. 13.102. Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Committee: The surface mining aggregate operations committee. The five -member committee appointed by the board of supervi- sors .pursuant to Resolution [No.] 84-197. Exploration or prospecting: The search for minerals by geolog- ical, geophysical, geochemical or other techniques, including, but not limited to, sampling, assaying, drilling, or any surface or underground works needed to determine the type, extent or quality of the minerals present. Financial assurance: The financial guarantee provided by the operator to assure the reclamation of all mined lands in the event of default by the operator. Financial assurances are limited to the following forms per section 2773.1 of the Public Resources Code: (1) Surety bonds;. (2) Irrevocable letters of credit; (3) _ Trust funds; and (4) Other forms of financial assurances specified by the board .pursuant to section 2773.1(c). Idle mine: "Idle" means to curtail for a period of one year or more surface mining operations by more than ninety (90) percent of the operation's previousmaximum annual mineral production, with the intent to resume those surface mining operations at a future date. 158 Supp. No. 9.93 ^w. ;r{. . .. Jho F�x}¢��F '�,• .. n�.- Mayr 4 '�4y=~'�•'� „ .S.^ $ 13.102 GRADING AND MINING § 13-102 Mined lands: Includes the surface, subsurface and ground water of an area in which surface mining operations will be, are being, or have been conducted, including private ways and roads appur- tenant to any such area, land excavations, working, mining waste, - and areas in which structures, facilities, equipment, machines, . tools, or other materials or property which result from, or are ;:,:::::.:".:::::::: =' �:::::• used in, surface mining operations, are located. Minerals: Any naturally occurring chemical element or com- pound, or groups of elements and compounds, formed from inor- ganic processes and organic substances, including, but not lim- ited to, sand, gravel, aggregate, coal, peat and bituminous rock, but excluding geothermal resources, natural gas and petroleum. Mining waste: Includes the residual of soil, rock, mineral, liquid, vegetation, equipment, machines, tools or other materials or prop- erty directly resulting from, or displaced by, surface mining op- erations. ti Operator: Any person who is engaged in surface mining oper. ations, himself or herself, or who contracts with others to conduct �-- operations on his or her behalf, except a person who is engaged in surface mining operations as an employee with wages at his or her sole compensation. Overburden: Soil, rock or other materials that lie above a nat- ural mineral deposit or in between deposits, before or after their removal by surface, mining operations. Permit: Any authorization from, or approval by, the county, the absence of which would preclude surface mining operations. Person: Any individual, firm, association, corporation; organi- zation or partnership, or any city, county, district or the state or any department or agency thereof. Reclamation: The combined process of land treatment that min- imizes water degradation, air pollution, damage to aquatic or wildlife.habitat, flooding, erosion and other adverse effects from surface mining operations, including adverse surface effects inci- dental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and create no danger to public health or safety. The process 159 'Supp. No. 9.93 r� § 13-103 BUTTE COUNTY CODE § 13-103 may extend to affected lands surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compac. tion, stabilization or other measures. Reclamation plan: The plan required by the Act, as amended, and meeting all the requirements of section 2772 and 2773 of the Public Resources Code, state administrative guidelines and reg- ulations adopted pursuant thereto, and ordinances and resolu- tions of the county adopted in accordance therewith. State board: State Mining and Geology Board, in the Depart- ment of Conservation, State of California. State geologist: Individual holding office as structured in sec- tion 677 of article 3, chapter 2 of division 1 of the Public Re- sources Code. Surface.mining operations: All, or any part of, the process in- volved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open -pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, borrow pitting, stream bed skim- ming, and segregation or stock -piling of mined materials (and recovery of the same), or surface work incident to an underground mine. Surface mining operations shall include, but are not lim- ited to: (a) In-place distillation, retorting or leaching. (b) The production and disposal of mining waste. (c) Prospecting and exploratory activities. (Ord. No. 3083, § 2, 8-10-93) Sec. 13-103. Scope. (a) The provisions of this article shall apply to the unincorpo- rated areas of Butte County. (b) The provisions of this article are not applicable to: (1) Excavations or grading conducted for farming or on-site construction or for the purpose of restoring land following a flood or natural disaster. 160 Supp. No. 9.93 L • § 13.104 GRADING AND MINING § 13-105 (2) Prospecting for, or the extraction of, minerals for commer- cial purposes and the removal of overburden in total amounts of less than one thousand'(1,000) cubic yards in any one location of one acre or less. (3) Surface mining operations that are required by federal law in order to protect a mining claim, if such operations are conducted solely for that purpose. (4) Reclamation of lands mined prior to, but not after, January 1, 1976. (5) Surface mining operations conducted pursuant to vested rights obtained prior to January 1, 1976, except as other- wise provided in section 13-110. (6) Such other surface mining operations that the county de- termines to be of an infrequent nature, and which involve only minor surface disturbances and are categorically iden- tified by the state board of mining and geology pursuant to sections 2714(d) and 2758(c) of the Public Resources Code. (Ord. No. 3083, § 2, 8-10-93) Sec. 13.104. Permit and reclamation plan requirement. (a) Application. Any person, except as provided in section 2776, , Public Resources Code, who proposes to engage in surface mining operations as defined in this article, shall submit an application for a mining permit, reclamation plan and a use permit if the zone requires, to the county department of development services, plan- ning division: The application shall be on a form furnished by the . county and shall be full and complete, containing all information required by the Act, as well as any additional information re- quired by the planning division. (b) Filing fee. Each application shall be accompanied by a filing fee in the amount set forth by resolution or ordinance at the time of application submittal. (Ord. No. 3083, § 2, 8-10-93) Sec. 13-105. Application review procedure. Upon deeming the application complete, the planning division shall send copies of the mining permit application and reclama- 160.1 Supp. No. 9.93 0 . 0 § 13-106 BUTTE COUNTY CODE 13=107 tion plan to the director of department of conservation, county public works department, the committee and other responsible agencies. Within ten (10) days of the distribution of the permit application and reclamation plan, the committee shall meet to review and make recommendations to staff. The planning divi- sion shall be responsible for developing an agenda and setting the time and place for the committee meeting. The planning division will be responsible for conducting the initial study to determine the project's status in respect to the California Environmental Quality Act, Public Resources Code section 21000 et seq. (Ord. No. 3083, § 2, 8-10-93) Sec. 13-106. Financial assurances. The planning commission shall require financial assurances as necessary to conform to the provisions of this article and with section 2773.1 of the Public Resources Code. The mine operator or applicant shall submit a good faith estimate of the financial as- surance for reclamation, based on the state's financial assurance guidelines. The director of public works shall be responsible for verifying the estimate so as to guarantee reclamation. If the mine operation is phased and a program is provided by the operator, financial assurances can be based on each specific phase. Such financial assurances shall be made payable to the county and the department of conservation. . (Ord. No. 3083, § 2, 8-10-93) Sec. 13.107. Public hearing. The planning division shall, upon completion of the review pro- cess, schedule the project for public hearing before the planning commission in the same manner as provided for in section 24-46 of chapter 24 of this Code. The planning commission, on the basis of evidence submitted at the hearing, may approve, conditionally approve, or deny the rec- lamation plan, financial assurances, mining permit and/or use permit. The determination of the planning commission shall be final unless a written appeal is filed in the same manner as provided for in section 24-48 of chapter 24 of this Code. (Ord. No. 3083, § 2, 8-10-93) 160.2 Supp. No. 9-93 '! •.k ••• • .. .•• \ !•. .� \�'t\moi' S • 4 A L $ 13-108 GRADING AND MINING 4 13-109 ' Sec. 13.108. Lapse of permit. Upon approval of the mining permit, the operator shall com- mence surface mining operations within five (5) years from the. date of issuance of the permit. Should operations not commence' within said five (5) years the permit shall expire and become void, unless extended by the planning commission prior to expiration., (Ord. No. 3083, § 2, 8.10-93) Sec. 13-109. Idle mines/interim management plans. (a) Within ninety (90) days of a surface mining operation be- coming idle, as defined in section 13-102 and section 2770(h) of the Public Resources Code, the operator shall submit to the plan- ning division for review and approval an interim management plan. The interim management plan shall be considered an amend- ment to the approved reclamation plan and shall include mea- sures the operator will implement to maintain the site in compli- ance with all permit conditions of the approved reclamation plan, mining and/or use permit. (b) The interim management plan may remain in effect for a period not to exceed five (5) years, at which time the county shall do one'of the following: (1) Renew the interim management plan for an additional pe- riod not,to exceed five (5) years. (2) Require the operator to commence reclamation in accor- dance with the approved reclamation plan. (c) The financial assurance required by section 13-106 shall remain in effect during the period the surface mining operation is idle. (d) The planning division shall review and approve the interim management plan in accordance with section 2770(h) of the Public Resources Code. (e) The public works department shall periodically inspect each idle mine to assure compliance with the approved interim man-' agement plan. (Ord. No. 3083, 9 2, 8-10-93) , 160.3 Supp. No. 9.93 • 4 $ 13-108 GRADING AND MINING 4 13-109 ' Sec. 13.108. Lapse of permit. Upon approval of the mining permit, the operator shall com- mence surface mining operations within five (5) years from the. date of issuance of the permit. Should operations not commence' within said five (5) years the permit shall expire and become void, unless extended by the planning commission prior to expiration., (Ord. No. 3083, § 2, 8.10-93) Sec. 13-109. Idle mines/interim management plans. (a) Within ninety (90) days of a surface mining operation be- coming idle, as defined in section 13-102 and section 2770(h) of the Public Resources Code, the operator shall submit to the plan- ning division for review and approval an interim management plan. The interim management plan shall be considered an amend- ment to the approved reclamation plan and shall include mea- sures the operator will implement to maintain the site in compli- ance with all permit conditions of the approved reclamation plan, mining and/or use permit. (b) The interim management plan may remain in effect for a period not to exceed five (5) years, at which time the county shall do one'of the following: (1) Renew the interim management plan for an additional pe- riod not,to exceed five (5) years. (2) Require the operator to commence reclamation in accor- dance with the approved reclamation plan. (c) The financial assurance required by section 13-106 shall remain in effect during the period the surface mining operation is idle. (d) The planning division shall review and approve the interim management plan in accordance with section 2770(h) of the Public Resources Code. (e) The public works department shall periodically inspect each idle mine to assure compliance with the approved interim man-' agement plan. (Ord. No. 3083, 9 2, 8-10-93) , 160.3 Supp. No. 9.93 • § 13-110 BUTTE COUNTY CODE Sec. 13.110. Vested rights. No person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall be required to secure a permit pursuant to this article -and the Act as long as the vested right continues and as long as no substantial changes are made in the operation except in accordance with this article. A person shall be deemed to have vested rights if, prior to January 1, 1976, he or she has,'in good faith and in reliance upon a permit or other authorization, if the permit or other authorization was required, diligently commenced surface mining, operations and incurred substantial liabilities for work and materials necessary therefor. Expenses incurred in obtaining the enactment of an ordinance in relation to a particular operation or the issuance of a permit shall not be deemed liabilities for work or materials. The reclamation plan required to be filed under subdivision (b) of section 2770 of the Public Resources Code, shall apply to oper- ations conducted after January 1, 1976, or to be conducted. Nothing in this article shall be construed as requiring the filing of a reclamation plan for, or the reclamation of, mined lands on which surface mining operations were conducted prior to January, 1, 1976. (Ord. No. 3083, § 2, 8.10-93) % Sec. 13-111. Public records. Reclamation plans, reports, applications, and other documents submitted pursuant to this article are public records, unless it can be demonstrated to the satisfaction of the county that the release of such information, or part thereof, would reveal production, reserves or rate of depletion entitled to protection as proprietary information. The applicant shall have the right to identify what, in his opinion, is proprietary information. The county shall iden- tify proprietary information as a separate part of each applica- tion. A copy of all permit, reclamation plans, reports, applications and other documents submitted pursuant to this article, including proprietary information, shall be furnished to the director of de- partment of conservation by the County of Butte. Proprietary information shall be made available to persons other than the director of department of conservation only when authorized by 160.4 Supp. No. 9.93 1�:^:fir �•; �h=.i<-:: %`� .�:.. Vii.-:'f�'. �'.: :•%f, i;•� L § 13.112 GRADING AND MINING $ 13.113 the mine operator and by the mine owner in accordance with section 2778 of the Public Resources Code. (Ord. No-. 3083, § 2, 8-10-93) Sec. 13.112. Annual inspection/reports. (a) The public works department, development services depart- ment, and such technical specialists as they may deem necessary, shall conduct annual inspections in accordance with section 2774(b) of the Public Resources Code, for each mining operation to deter- mine. whether the surface mining operation is in compliance with the spirit and intent of this article and the Act, and the provisions thereof. Such inspection shall be conducted using a form provided by the director of department of conservation for that purpose, and shall be conducted no later than six (6) months after receiving the surface mining operation's annual report submitted pursuant to section 2207 of the Public Resources Code and section 13- 112(b). This section does not preclude the county from requiring additional inspections for the purpose of ensuring appropriate environmental protection. (b) In compliance with section 2207 of the Public Resources Code, the owner, manager, or other person in charge of any sur- face mining operation shall forward an annual report to the di- rector of department of conservation not later than an anniver- sary date established for that operation by the director of department of conservation upon forms furnished by the' state board of mines and geology. Such annual report shall be in accord with instructions included with the forms. The designated copy shall be submitted to the planning division and public works department on or before the aforesaid anniversary date. (c) The cost of the annual inspection dictated by section 13- 112(a), above, shall be borne by the operator. The county ,shall establish and annually review a fee recovery program to cover the reasonable costs incurred in implementing this article. (Ord. No. 3083, § 2, 8-10-93) Sec. 13.113. Amendments. Amendments 'to an approved reclamation plan may be sub- mitted to the planning commission any time, detailing proposed 160.5 Supp. No. 9.93 .... ..__. ... 13-116 GRADING AND MINING 13-116 (2) An order issued under section 13416(b)(1) above shall not take effect until the operator has been provided a hearing before the .planning commission concerning the alleged vi- olation. Any order issued under the section cited above shall specify which aspect of the surface mine's activities or operations are inconsistent with this article and shall specify a time for compliance, and shall -set a date for the . hearing, which shall not be sooner than thirty (30) days after the date of the order. (3) Any operator who violates or fails to comply with an order issued under section 13-116(b)(1) above after the order's effective date shall be subject to an order by the county imposing an administrative penalty of not more than five thousand dollars ($5,000.00) per day, assessed from the orig- inal date of noncompliance with this article. (4) Any operator who fails to submit a report to the director of department of conservation and public works department and planning division under section 13-112 and section 2207 of the Public Resources Code shall be subject to an order by the county imposing an administrative penalty of not more than five thousand dollars ($5,000:00) per day, assessed from the original date of noncompliance with this article and/or section 2207 of the Public Resources Code. (5) In determining the amount of the administrative penalties for subsections (3) and (4) above, the county shall take into consideration the nature, circumstances, extent, and gravity of the violation or violations, any prior history of viola- tions, the degree of culpability, economic savings, if any, resulting from the violation, and any other matters justice may require. (6) Any operator aggrieved by an act or determination by the planning division, public works department or planning commission in the exercise of the authority granted herein shall have the right to appeal to the board of supervisors. Appeal procedures shall be in accordance with section 2774.2 of the Public Resources Code. (7) The director of department of conservation shall notify the planning division of any known apparent violations or non - 160.7 Supp. No. 9.93 § 13-114. BUTTE COUNTY CODE I I 113-116 changes from the original plan. Substantial deviations from the original plan shall not be undertaken until such amendment has been filed with and approved by the planning commission. The planning commission shall set a public hearing regarding such amendments in the 'same manner as is provided for in section 13-107. (Ord. No. 3083, § 2, 8-10-93) . Sec. 13.114. Transferability.. Permits, reclamation plans and financial assurances issued under the provisions of this article are transferable, and the suc- cessor shall be bound by the provisions of the approved reclama- tion plan or permit and the provisions of this article. (Ord. No. 3083, § 2, 8-10-93) Sec. •13-115. Minor plan modifications. Minor plan modifications from an approved reclamation plan may be allowed upon request of the operator or applicant, and upon a finding by the director of development services that each requested minor plan modification is necessary to achieve the prescribed or higher post -mining use of the reclaimed land. (Ord. No. 3083,A 2, 8-10-93) Sec. 13-116: Enforcement. (a) Violation—Public nuisance. Any violation of this article is unlawful and a public nuisance and shall be abated, eliminated and enjoined as provided by the Butte County Code or state law. (b) Violation—Noncompliance. (1) If the public works director should determine that an op- erator is not in compliance with the provisions of this ar- ticle, the county, in conformance with section 2774.1(a) of the Public Resources Code, shall notify the operator of that violation by personal service or certified mail. If the viola- tion extends beyond thirty (30) days after the date of the county's notification, the public works director shall issue an order by personal service or certified mail requiring the operator to comply with this article. 160.6 Supp..No. 9.93 0 ,`ArM'`•{ ... ... _:>- ...... -- `- :a'r�t1"nom _:�.;�,�..•.�•a.;,`.., { ' It r •• t`'.. .. dr ^ •4t ... .}.�.... .. roc xz = 14!'1.1 .I ,. 4J. L`•••.... •••.� ;,.'..,.. — J.. .Y>v'"�Mi� •. Vii% Y' ,�•i•J'Ki:1:%I ` •(,:�:.:..'e.-`•.. _ _ �V`. �'':+- b''��' •tet:• �'('^i�.:w�_ : {' _'.• '4 •�c 4 13-116, BUTTE COUNTY CODE 4 13-118 compliance with the Act in writing, and subject to the lim- itations in section 2774.1 of the Public Resources Code, the ' county shall have sole jurisdiction and responsibility of administering this article and the_ Act., (8) . Remedies under this section are in addition to, and do not , supersede or limit, any and all'other• remedies, civil or criminal, including, but not limited to, use permit, mining `';,.•�'s: permit and/or reclamation plan revocation proceedings._„ - (Ord. No. 3083, § 2,,8-10-93) r it • r r 160.8 'Supp. No, 9.93 SENDER:. y Complete items 1 and/or 2 for additional services. I also Wish to receive the m • Complete items 3, and 4a & b. following ServIC2S (for an extra CE Print your name and address on the reverse of this form so that we can 42 > return this card to you. feel: tD Attach this form to the front of the mailpiece, or on the back if space 1. ❑ Addressee's Address does not permit. m tWrite "Return Receipt Requested" on the mailpiece below the article number. y • The Return Receipt will show to whom the article 2. ❑ Restricted Deliver N ~ o was delivered and the date c delivered. COnSUIt ostmaster for fee. m � -a 3. Article Addressed to: 4a. Article Number to , � CL Mr. Roy Ia Fever r 4b. Service Type °o la Fever Topsoil, Etc. ❑ Registered ❑ Insured . to 2603 Highway 70 EXCertified ❑ COD c W Oroville, CA 959645 ❑Express Mail E] Return Receipt for i c Merchandise Q7. Date of Delivery w 5.. Signature (Addressee) 8. Addressee's Address (Only if requested 0 0 F and fee is paid) W M 6. Signature (Agent) 0 r:. H PS Form 3811, December 1991 *U.S.GPO: 1993--952-714 DOMESTIC RETURN RECEIPT COUNTY OF BUTTE IM COUNTY CENTER DRIVE OR CALIFORNIA 95965-3397 DEPARTIWT OF.PUBLIC WORKS -- Mr. Roy la Fever la Fever Topsoi- 2603 Highway 70 Oroville, CA 9 P 780 010 Stall of Califomia DEPARTMENT OF CONSERVATION 1994 M114ING OPERATION ANNUAL REPORT MRI{C-4K Page 1 (Revised 04/95). 1. Company Operating x /_.a Air? V e.P /n / 4%9 No. -Y > . /zo t*,/ 1 me vidual mus CA MINE ID # MINE NAME Piz Site Contact Person . Telephone City/� - State/ZIP Code County �% l /1'l/'I 1,00",// /yam �.C`0��� /� .. � ZIP Code / I Telephone "._ ITEMS.: BELOW.,,WHICIj,,-ARE PRECEDFtD ,BY A BOX LABELED,-N.C. MAY BE CHECKED—IF THERE ARE NO CHANGES IN' THE INFORMATION 'FROM T IE 'LA' `YEAR. (NOTE:` IF THIS 'IS {THE FIRST TI�IIIE YOGI HAVE FILED A REPORT, ALL SECTIONS ' MUST . BE COMPLETED.) .3. Owner of Mining Operation Telephone Mailing Address (this address will be used to send next year's report form) City + State/ZIP Code Country (If other than U.S.A.) .+F... S f;K?�; �:t• =± a,. _ - . Was this operation purchased by you dunng. repofing year? J r Was this operation sold by"you during reporting year4„= , ✓T .1<_ �� t � 4{Ia r. 'C -c.ri' -t'' .. 4{. _rl"' .'.� ;. • . > - - - R .. YesIf yesdat'e of purchase: ❑ No❑ Yes . If yes, date of sale ' 0 No. 4 a Landowner -Assessor's Parcel Mailing Address - f ' Telephone City/ State/ZIP Code \Country (If other than U.S.A.) K ' 6 Status of Mining Activities • DURING JHE. REPORTING YEARS n N I r.-H,,;n+.,r t- "za : M s+wi, •� ❑ Newly Permitted -Not yetin operation t;Date Permitted �j c 'Sy S� ActiVe - �` ruin ,.y., • .� ,.� j - . - ■=%;�. a:.....r' - - ' LJ Idle as defined In Public Reaources Code Section 2727.1). Complete the following:' ' Date operation became idle41, 4 i El Copy of Approved Interim Manm ageent Plan attached. a. - ' _ $:;iii?/.i�;/ii7Ri/.cif:'•:LG:;:.+7.5,.,g4..,.:,'.,,:S'S: _ t , c ❑ , age np w Agency. Interim Man ment Plan pends with Lead a xi cox ❑ Closed with no Intent to resume Date mining ceased a "❑ ClosedL�eclametion certified complete by Lead Agency: Date mining ceased Status of Reclamation Activities DURING THE REPORTING YEAR Reclamation not started*- „� ❑ Reclamation in progress (attach updated reclamation plan map indicating progress). - ?� a ❑ Reclamation certified +completeby Lead Agency.. Reclamation certified complete on ' ~' y:*.• 'a, .. - y +r �` �.' '-� (D�a_te� )'.' y Financial Aasurancea released on n {G 'f.;d` " ... � Ix 'r DISTRIB' ,y�, h tate rF UYellow�ead'Agency Pink�perator 95 seua �'Y✓""^ n r State of Califomia �r DEPARTMENT OF CONSERVATION 1994, MINING OPERATION ANNUAL REPORT CA MINE ID# MR116-2 -Pgge 2 (Revised 04/95) - � , • 7.rl❑ YES NO Inspection completed by Lead Agency during the reporting year. If yes, attach the goldenrod copy of Surface Mining Inspection Report (MRRC-1). If Inspection report Is not attached, please explain on Page 4. .-T _ N.C. N N.C. 8A. SMARA Lead Agency (city -OR county ONLY) 8B. Reclamation Plan Status CHECKONE. ❑ No Plan ❑ Approved on (date). Attach copy with amendments, conditions, and PROOF of approval. Number of acres subject to Reclamation Plan. El Pending. Submitted to Lead Agency on (date). A7TACH;PROOFtrOFSUBMITTAL ❑ On'Appeal.'Subtnittei! to SMGB on = ;� T- (date). I ` ATYACytiit?ROOFRSUBMIT;TII� 8. ❑ YES: Financial Assurances approved by Lead Agency. ,ATTACH COP AND"�PR9 OOF Fi!APPROVAL Complete below for approved Financial Assurances: Date of Annual Review Expiration Date or Amount Type Date Posted by Lead Agency Renewal Date (if applicable) NO: Financial Assurances NOT approved by Lead Agency. Check reason below: ,r 4} ❑ Flnancial`Assuranc�s pef "ging' with Lead -Agency, Submitted on (date). ATTACH. mo.ToFisiJBMITTAL 2 Ls r ❑ Financial Aesurances'46e' aled to SMQB--•Su, bfitted on (date)..,_r_ TACHiPROOF,,rOF�SUBMITT¢I. IF APPLICABLE, INFORMATION REQUIRED. IN.ITEMS 10 THROUGH 13 MUST,. BE PROVIDED FORS EACH SEPARATE- PLOT 10: ATTACH'NAMED U.S. GEOLOGICAL SURVEY MAP -7.5' OR 15' QUAD—SHOWING BOUNDARIES OF ,MINING OPERATION ". Latitude Longitude- Section—Township—Range—Base Meridian ' Quad Name County f. N.C. 11. Type Codes) sof Mining Operation " ' ' SEEj�XHIBIT A FOR TYPE C..0 . K. G�,{ �1?�:�•��♦ :.. •._„ � - �, F._Y�i. •'ice} _ _ �_n .. ..i l12' DISTURBED ACREAGE42- TE MIRE' SECTION ., } i y?c ' ? 1 Approximate -disturbed ,acreage. at beginning of 1994. (This figure • should match the figure from Item 12, line, 5 on your 1993 r ,x annual report.'Ifit does "not match, please explain on Page '4.) . .; . r 2 /Z /lpproximef¢ acreage dlsturped during 1994. ,...' j'hTi.�. .+ r €��.3'r^yr` -�, r .�^ . `=�'(! 3y rn r•.. t 1 f -_ _~i.- . 1 3 r.','(ADD LINE 1 TO LINE 2j. ... , >4 Approximate disturbed acreage reclaimed during 1894. - "xf,-,;v 4;; $T" k`Rr.�', 7>4�'! ir_'.�•"•'Y- �,x, t.,•., 6 �� V3 '-(SUBTRACTaLINE 4,FROM LINE 3).Approximate-disturbed acreage remaining at end of 1994... ' t ;�. y:�:,.".a' :� ti.. � 4 .. - •.� ., ... - ♦ ... -� V } ❑Acres Permdted r - & Permit # 0 std ao S y� - t ,- .., ... .;• • ♦ •" s x ' ❑ Acres Vested (Acres •disturbed prior to January 1, 1978): o4F)9f1r:S1q f ❑-Acres•on Federal Lands: 8 Permit/ID # 14. $ Current total•asseaaed.alue.'of-mining operation as established by County Assessor's Office 'i,; DISTRIBUTION White—Stats­",' Yellow—lead Agency Pink—Operator' 95"'116"3 State of California DEPARTMENT OF CONSERVATION 1994 MINING OPERATION ANNUAL REPORT CA MINE ID # MRRC-2 Page 3 (Revise 04/95) 15. COMMODITIES AND PRODUCTION SEEXHtBITrB,FOR O_; 1,11 kD?UNITS,0E-jMk SWAIE.'; PRODUCTION INFORMATION IS PROPRIETARY AND WILL BE KEPT CONFIDENTIAL PURSUANT TO GOVERNMENT CODE SECTION 6252 Category Number List All Commodities (from -(from Exhibit 8) Exhibit 8) A. PRIMARY COMMODITY !/ PRODUCED BY OPERATION B. ALL OTHER COMMODITIES PRODUCED BY OPERATION '` +l-, 16. REPORTING FEE •=? `FEE SCHEDULE: USING .BOTH_ :YOUR --CATEGORY NUMBER AND TOTAL' PRODUCTION FROM 15(A) ABOVE, REFER TO, EXHIBIT C TO FIND YOUR CORRESPONDING'PRODUCTION RANGE. ENTER YOUR CORRESPONDING PRODUCTION CODE IN 16(A) AND FEE IN 16(B) BELOW. A. PRODUCTION CODE FROM EXHIBIT::C:] B. REPORTING FEE ATTACHED $ FROM EXHIBIT SUBMITTED BY: ll —7. Your Name (Plia66 print)—, eve.,. .j Meiling �g Ad V City State ZIP Code OE 06 4, -M z Z Your Telephone Number I certify that the. Information submiti_edii�&eifi is complete and accurate (failure to submit complete and accurate requisite information' may result in an administrativie'penalty as provided JPr lriPublic Resopircei Code Section 277,4 N "".-SIGNATURE OF SUBMITTER"_2'' Ao-.;r DATE /&el Z. 2 I MITTER­ % annualPlease mall report, reportlnp fee, and ALL required attachments to. 'DEPARTMENT OF CONSERVATION Office of -Mine Reclamation 801 K Street, MS, 09-06 'Sa icr4me"nto, CA__95814-3529 .,�-- -y DISTRIBUTION--" White—State.— Yellow—Lead Agency Pink --Operator 95 86"2 TOTAL PRODUCTION Check here if Not CHECKONE Production for a Amount of Short Troy Commodity Production Tons Ounces Pounds '` +l-, 16. REPORTING FEE •=? `FEE SCHEDULE: USING .BOTH_ :YOUR --CATEGORY NUMBER AND TOTAL' PRODUCTION FROM 15(A) ABOVE, REFER TO, EXHIBIT C TO FIND YOUR CORRESPONDING'PRODUCTION RANGE. ENTER YOUR CORRESPONDING PRODUCTION CODE IN 16(A) AND FEE IN 16(B) BELOW. A. PRODUCTION CODE FROM EXHIBIT::C:] B. REPORTING FEE ATTACHED $ FROM EXHIBIT SUBMITTED BY: ll —7. Your Name (Plia66 print)—, eve.,. .j Meiling �g Ad V City State ZIP Code OE 06 4, -M z Z Your Telephone Number I certify that the. Information submiti_edii�&eifi is complete and accurate (failure to submit complete and accurate requisite information' may result in an administrativie'penalty as provided JPr lriPublic Resopircei Code Section 277,4 N "".-SIGNATURE OF SUBMITTER"_2'' Ao-.;r DATE /&el Z. 2 I MITTER­ % annualPlease mall report, reportlnp fee, and ALL required attachments to. 'DEPARTMENT OF CONSERVATION Office of -Mine Reclamation 801 K Street, MS, 09-06 'Sa icr4me"nto, CA__95814-3529 .,�-- -y DISTRIBUTION--" White—State.— Yellow—Lead Agency Pink --Operator 95 86"2 13 J t,t LAND :-DF NATURAL WEALTH' AND BEAUT`,` DEPARTMENT.OF PUBLIC WORKS J. MICHAEL CRUMP, Director 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965 TELEPHONE: (916) 538-7681 SeptembeM t,16h5WS140 RONALD D. McELRC Assistant Wedoa Mr. Roy La Fever LaFever Topsoil, Etc. 2603 Highway 70 Oroville, CA 95965 Re: Mining Permit - CA Mine ID #91-04-0016 Dear Mr. La Fever: Thank you for meeting with me last month to discuss my June 15, 1995 letter and to show me around your.property. During our conversation, you stated that your operation did not fall under the provisions of the California Surface Mining and Reclamation Act of 1975, (SMARA)- I have yet to complete an exhaustive search of that Act to ascertain your claim, however it is clear to me that your operation does fall under County Code Article II, Surface Mining and Reclamation, (attached). Section 13-104 of Article II requires any person, . . . . , who proposes to engage in surface mining operations as defined in this article, shall submit an application for a mining permit, reclamation plan, and use permit if the zone requires, to the County Department of Developments Services, Planning Division. "Surfacing mining operations" is defined in Section 13-102 of Article III as the process involved in the mining of minerals on mined lands . "Minerals" is defined in -the same section as any naturally occurring chemical element or compound or groups of elements and compounds, formed from inorganic processes and organic substances, including but not limited to sand, gravel, aggregate . . . . Therefore, it is my determination that you are L not in compliance with the provisions of Article II Surface Mining and Reclamation. You are further noticed that you have 30 days to comply with County Code by submitting an application for a mining permit with a reclamation plan to the County Department of Development Services -Planning Division within 30 days. very truly yours, Orlglnal sinned by J. Michael Crump MC:ss Mike Crump Attach. Director of Public Works. cc: Craig Sanders - Planning Division Development Services Cam Downey, office of Mine Reclamation § 13.101 GRADING AND MINING § 13-101 ARTICLE II. SURFACE MINING AND RECLAMATION* Sec. 13.101. Purpose and intent. (a) The purpose of this article is to implement the provisions of the California Surface Mining and Reclamation Act of 1975 as amended (the "Act," Public Resources Code section 2710 et seq.). (b) It is the purpose and intent of the board of supervisors to . create and maintain an effective and comprehensive surface mining and reclamation policy with regulation of surface mining operations so as to assure that: (1) Adverse environmental effects are prevented or minimized and that mined lands are reclaimed to a usable condition which is readily adaptable for alternative land use. (2) The production and conservation of minerals are encour- aged, while giving consideration to values relating to rec- reation, watershed, wildlife, range, and forage and aes- thetic enjoyment. (3) Residual hazards to the public health and safety are elim- inated. (4) The extraction of minerals is essential to the continued economic well-being of the county and to the needs of so- ciety, and that reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety. (5) The reclamation of mined lands as provided in this article will permit the continued mining of minerals and will pro- vide for the protection and subsequent beneficial use of the mined andreclaimed land. (6) Surface mining takes place in diverse areas where the geo- logic, topographic, climatic, biological and social conditions *Editor's note—Section 1 of Ord. No. 3083, adopted Aug. 10, 1993, repealed Art. II in its entirety. Formerly, Art. II consisted of §§ 13-101-13.110 and §§ 13.112-13-115, which pertained to replacement of material displaced in surface mining operations and derived from § 1 of Ord. No. 1827, adopted May 24, 1977. and §§ 1-4, 6, and 7 of Ord. No. 2003, adopted Feb. 13, 1979. Section 2 of Ord. No. 3083 further provided for the addition of a new Art. II, §§,13.101-13.116, as herein set out. 157 Supp. No. 9-93 § 13-102 BUTTE COUNTY CODE § 13.102 are significantly different and that reclamation operations and the specifications therefor may vary accordingly. (c) This article shall be reviewed annually and revised, as nec- essary, in order to ensure that it is in accordance with the state policy for mined lands reclamation and to encourage the mining industry of Butte County. (Ord. No. 3083, § 2, 8-10-93) Sec. 13.102. Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them.by this section: Committee: The surface mining aggregate operations committee. The five -member committee appointed by the board of supervi- sors pursuant to Resolution [No.] 84-197. Exploration or prospecting. The search for minerals by geolog- ical, geophysical, geochemical or other techniques, including, but not limited to, sampling, assaying, drilling, or any surface or underground works needed to determine the type, extent or quality of the minerals present. Financial assurance: The financial guarantee provided by the operator to assure the reclamation of all mined lands in the event of default by the operator. Financial assurances are limited to the following forms per section 2773.1 of the Public Resources Code: (1) Surety bonds; (2) Irrevocable letters of credit; (3) Trust funds; and (4) Other forms of financial assurances specified by the board pursuant to section 2773.1(c). Idle mine: "Idle" means to curtail for a period of one year or more surface mining operations by more than ninety (90) percent of the operation's previous maximum annual mineral production, with the intent to resume those surface mining operations at a future date. 158 Supp. No. 9-93 I § 13-102 GRADING AND MINING § 13-102 Mined lands: Includes the surface, subsurface and ground water of an area in which surface mining operations will be, are being, or have been conducted, including private ways and roads appur- tenant to any such area, land excavations, working, mining waste, and areas in which structures, facilities, equipment, machines, tools, or other materials or property which result from, or are used in, surface mining operations, are located. Minerals: Any naturally occurring chemical element or com- pound, or groups of elements and compounds, formed from inor- ganic processes and organic substances, including, but not lim- ited to, sand, gravel, aggregate, coal, peat and bituminous rock, but excluding geothermal resources, natural gas and petroleum. Mining waste: Includes the residual of soil, rock, mineral, liquid, vegetation, equipment, machines, tools or other materials or prop- erty directly resulting from, or displaced by, surface mining op- erations. Operator: Any person who is engaged in surface mining oper- ations, himself or herself, or who contracts with others to conduct operations on his or her behalf, except a person who is engaged in surface mining operations as an employee with wages at his or, her sole compensation. Overburden: Soil, rock or other materials that lie above a nat- ural mineral deposit or in between deposits, before or after their removal by surface mining operations. Permit: Any authorization from, or approval by, the county, the absence of which would preclude surface mining operations. Person: Any individual, firm, association, corporation, organi- zation or partnership, or any city, county, district or the state or any department or agency thereof. Reclamation: The combined process of land treatment that min- imizes .water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion and other adverse effects from surface mining operations, including adverse surface effects inci- dental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and create no danger to public health or safety. The process 159 Supp. No. 9.93 § 13-103 BUTTE COUNTY CODE § 13-103 may extend to affected lands surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compac. tion, stabilization or other measures. Reclamation plan: The plan required by the Act, as amended, and meeting all the requirements of section 2772 and 2773 of the Public Resources Code, state administrative guidelines and reg- ulations adopted pursuant thereto, and ordinances and resolu. tions of the county adopted in accordance therewith. State board: State Mining and Geology Board, in the Depart- ment of Conservation, State of California. State geologist: Individual holding office as structured in sec- tion 677 of article 3, chapter 2 of division 1 of the Public Re- sources Code. Surface mining operations: All, or any part of, the process in- volved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open -pit mining of minerals naturally exposed, mining by the auger method, dredging and -quarrying, borrow pitting, stream bed skim- ming, and segregation or stock -piling of mined materials (and recovery of the same), or surface work incident to an underground mine. Surface mining operations shall include, but are not lim- ited to: (a) In-place distillation, retorting or leaching. (b) The production and disposal of mining waste. (c) Prospecting and exploratory activities. (Ord. No. 3083, § 2, 8-10-93) Sec. 13-103. Scope. (a) The provisions of this article shall apply to the unincorpo. rated areas of Butte County. (b) The provisions of this article are not applicable to: (1) Excavations or grading conducted for farming or on-site construction or for the purpose of restoring land following a flood or natural disaster. 160 Supp. No. 9-93 , § 13-104 GRADING AND MINING § 13-105 (2) Prospecting for, or the extraction of, minerals for commer- cial purposes and the removal of overburden in total amounts of less than one thousand (1,000) cubic yards in any one location of one acre or less. (3) Surface mining operations that are required by federal law in order to protect a mining claim, if such operations are conducted solely for that purpose. (4) Reclamation of lands mined prior to, but not after, January 1, 1976. (5) Surface mining operations conducted pursuant to vested rights obtained prior to January 1, 1976, except as other- wise provided in section 13-110. (6) Such other surface mining operations that the county de- termines to be of an infrequent nature,. and which involve only minor surface disturbances and are categorically Iden- tified by the state board of mining and geology pursuant to sections 2714(d) and 2758(c) of the Public Resources Code. (Ord. No. 3083, § 2, 8-10-93) Sec. 13.104. Permit and reclamation plan requirement. (a) Application. Any person, except as provided in section 2776, Public Resources Code, who proposes to engage in surface mining operations as defined in this article, shall submit an application for a mining permit, reclamation plan and a use permit if the zone requires, to the county department of development services, plan- ning division. The application shall be on a form furnished by the county and shall be full and complete, containing all information required by the Act, as well as any additional information re- quired by the planning division. (b) Filing fee. Each application shall be accompanied by a filing fee in the amount set forth by resolution or ordinance at the time of application submittal. (Ord. No. 3083, § 2, 8-10-93) Sec. 13.105. Application review procedure. Upon deeming the application complete, the planning division shall send copies of the mining permit application and reclama- 160.1 Supp. No. 9.93 e 0 • § 13-106 BUTTE COUNTY CODE § 13.107 tion plan to the director of department of conservation, county public works department, the committee and other responsible agencies. Within ten (10) days of the distribution of, the permit application and reclamation plan, the committee shall meet to review and make recommendations to staff. The planning divi- sion shall be responsible for developing an agenda and setting the time and place for the committee meeting. The planning division will be responsible for conducting the initial study to determine the project's status in respect to the California Environmental Quality Act, Public Resources Code section 21000 et seq. (Ord. No: 3083, § 2, 8-10-93) Sec. 13-106. Financial assurances. The planning'commission shall require financial assurances as necessary to conform to the provisions of this article and with section 2773.1 of the Public Resources Code. The mine operator or applicant shall submit a good faith estimate of the financial as- surance for reclamation, based on the state's financial assurance guidelines. The director of public works shall be responsible for verifying the estimate so as to guarantee reclamation. If the mine operation is phased and a program is provided by the operator, financial assurances can be based on each specific phase. Such financial assurances shall be made payable to the county and the department of conservation. (Ord. No. 3083, § 2,.8-10-93) Sec. 13-107. Public hearing. The planning division shall, upon completion of the review pro- cess, schedule the project for public hearing before the planning commission in the same manner as provided for in section 24-46 of chapter 24 of this Code. The planning commission, on the basis of evidence submitted at the hearing, may approve, conditionally approve, or deny the rec- lamation plan, financial assurances, mining permit and/or use permit. The determination of the planning commission shall be final unless a written appeal is filed in the same manner as provided for in section 24-48 of chapter 24 of this Code. (Ord. No. 3083, § 2, 8-10-93) 160.2 Supp. No. 9.93 I I § 13.108 GRADING AND MINING § 13-109 Sec. 13-108. Lapse of permit. Upon • approval of the_ mining permit, the operator shall com- mence surface mining operations within five (5) years from the date of issuance of the permit. Should operations not commence within said five (5) years the permit shall expire and become void, unless extended by the planning commission prior to expiration. (Ord. No. 3083, § 2, 8-10-93) Sec. 13-109. Idle mines/interim management plans. - (a) Within ninety (90) days of a surface mining operation be- coming idle, as defined in section "13-102 and section 2770(h) of the Public Resources Code, the operator shall submit to the plan- ning division for review and approval an interim management plan. The interim management plan shall be considered an amend- ment to the approved reclamation plan and shall include mea-. sures the operator will implement to maintain the site in compli- ance with all permit conditions of the approved reclamation plan, mining and/or use permit. (b) The interim management plan may remain in effect for a period not to exceed five (5) years, at which time the county shall do one of the following: (1) Renew the interim management plan for an additional pe- riod not to exceed five (5) years. (2) Require the operator to commence reclamation in accor- dance with the approved reclamation plan. (c) The financial assurance required by section 13-106 shall remain in effect during.the period the surface mining operation is idle. (d) The planning division shall review and approve the interim management plan in accordance with section 2770(h) of the Public Resources Code. (e) The public works department shall periodically inspect each idle mine to assure compliance with the approved interim man- agement plan. (Ord. No. 3083, § 2, 8-10-93) 160.3 Supp. No. 9.93 C I § 13.108 GRADING AND MINING § 13-109 Sec. 13-108. Lapse of permit. Upon • approval of the_ mining permit, the operator shall com- mence surface mining operations within five (5) years from the date of issuance of the permit. Should operations not commence within said five (5) years the permit shall expire and become void, unless extended by the planning commission prior to expiration. (Ord. No. 3083, § 2, 8-10-93) Sec. 13-109. Idle mines/interim management plans. - (a) Within ninety (90) days of a surface mining operation be- coming idle, as defined in section "13-102 and section 2770(h) of the Public Resources Code, the operator shall submit to the plan- ning division for review and approval an interim management plan. The interim management plan shall be considered an amend- ment to the approved reclamation plan and shall include mea-. sures the operator will implement to maintain the site in compli- ance with all permit conditions of the approved reclamation plan, mining and/or use permit. (b) The interim management plan may remain in effect for a period not to exceed five (5) years, at which time the county shall do one of the following: (1) Renew the interim management plan for an additional pe- riod not to exceed five (5) years. (2) Require the operator to commence reclamation in accor- dance with the approved reclamation plan. (c) The financial assurance required by section 13-106 shall remain in effect during.the period the surface mining operation is idle. (d) The planning division shall review and approve the interim management plan in accordance with section 2770(h) of the Public Resources Code. (e) The public works department shall periodically inspect each idle mine to assure compliance with the approved interim man- agement plan. (Ord. No. 3083, § 2, 8-10-93) 160.3 Supp. No. 9.93 § 13-110 BUTTE COUNTY CODE § 13-111 1 Sec. 13-110. Vested rights. No person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall be required to secure a permit pursuant to this article and the Act as long as the vested right continues and as long as no substantial changes are made in the operation except in accordance with this article. A person shall be deemed to have vested rights if, prior to January 1, 1976, he or she has, in good faith and in reliance upon a permit or other authorization, if the permit or other authorization was required, diligently commenced surface mining operations and incurred substantial liabilities for work and materials necessary therefor. Expenses incurred in obtaining the enactment of an ordinance in relation to a particular operation or the issuance of a permit shall not be deemed liabilities for work or materials. . The reclamation plan required to be filed under subdivision (b) of section 2770 of the Public Resources Code, shall apply to oper- ations conducted after January 1, 1976, or to be conducted. Nothing in this article shall be construed as requiring the filing of a reclamation plan for, or the reclamation of, mined lands on which surface mining operations were conducted prior to January 1, 1976. (Ord. No. 3083, § 2, 8-10-93) Sec. 13.111. Public records. Reclamation plans, reports, applications, and other documents submitted pursuant to this article are public records, unless it can be demonstrated to the satisfaction of the county that the release of such information, or part thereof, would reveal production, reserves or rate of depletion entitled to protection as proprietary information. The applicant shall have the right to identify what, in his opinion, is proprietary information. The county shall iden- tify proprietary information as a separate part of each applica- tion. A copy of all permit, reclamation plans, reports, applications and other documents submitted pursuant to this article, including proprietary information, shall be furnished to the director of de- partment of conservation by the County of Butte. Proprietary information shall be made available to persons other than the director of department of conservation only when authorized by 160.4 Supp. No. 9.93 C § 13-112 GRADING AND MINING 4 13-113 the mine operator and by the mine owner in accordance with section 2778 of the Public Resources Code. (Ord. No. 3083, § 2, 8-10-93) Sec. 13-112. Annual inspection/reports. (a) The public works department, development services depart• ment, and such technical specialists as they may deem necessary, shall conduct annual inspections in accordance with section 2774(b) of the Public Resources Code, for each mining operation to deter- mine whether the surface mining operation is in compliance with the spirit and intent of this article and the Act, and the provisions thereof. Such inspection shall be conducted using a form provided by the director of department of conservation for that purpose, and shall be conducted no later than six (6) months after receiving the surface mining operation's annual report submitted pursuant to section 2207 of the Public Resources Code and section 13- 112(b). This section does not preclude the county from requiring additional inspections for the purpose of ensuring appropriate environmental protection. (b) In compliance with section 2207 of the Public Resources Code, the owner, manager, or other person in charge of any sur- face mining operation shall forward an annual report to the di- rector of department of conservation not later than an anniver- sary date established for that operation by the director of department of conservation upon forms furnished by the state board of mines and geology. Such annual report shall be in accord with instructions included with the forms. The designated copy shall be submitted to the planning division and public works department on or before the aforesaid anniversary date. (c) The cost of the annual inspection dictated by section 13- 112(a), above, shall be borne by the operator. The county shall establish and annually review a fee recovery program to cover the reasonable costs incurred in implementing this article. (Ord. No. 3083, § 2, 8-10-93) ,Sec. 13-113. Amendments. Amendments to an approved reclamation plan may be sub- mitted to the planning commission any time, detailing proposed 160.5 Supp. No. 9.93 $ 13-114 BUTTE COUNTY CODE $ 13-116 changes from the original plan. Substantial deviations from the original plan shall not be undertaken until such amendment has been filed with and approved by the planning commission. The planning commission shall set a public hearing regarding such amendments in the same manner as is provided for in section. 13-107. (Ord. No. 3083, § 2, 8-10-93) Sec. 13.114. Transferability. r Permits, reclamation plans and financial assurances issued under the provisions of this article are transferable, and the suc- cessor shall be bound by the provisions of the approved reclama- tion plan or permit and the provisions of this article. (Ord. No. 3083, § 2, 8-10-93) Sec. 13.115. Minor plan modifications. Minor plan modifications from an approved reclamation plan may be allowed upon request of the operator or applicant, and upon a finding by the director of development services that each requested minor plan modification is necessary to achieve the prescribed or higher post -mining use of the reclaimed land. (Ord. No. 3083, § 2, 8-10-93) . Sec. 13-116. Enforcement. (a) Violation—Public nuisance. Any violation of this article is unlawful and a public nuisance and shall be abated, eliminated and enjoined as provided by the Butte County Code or state law. .. (b) Violation—Noncompliance. (1) If the public works director should determine that an op- erator is not in compliance with the provisions of this ar- ticle, the county, in conformance with section 2774.1(a) of the Public Resources Code, shall notify the operator of that violation by personal service or certified mail. If the viola- tion extends beyond thirty (30) days after the date of the county's notification, the public works director shall issue an order by personal service or certified mail requiring the operator to comply with this article. 160.6 Supp. No. .9.93 4 13-116 GRADING AND MINING 3 13-116 (2) An order issued under section 13-116(b)(1) above shall not take effect until the operator has been provided a hearing before the planning commission concerning the alleged vi- olation. Any order issued under the section cited above shall specify which aspect of the surface mine's activities' or operations are inconsistent with this article and shall specify a time for compliance, and shall set a date for the hearing, which shall not be sooner than thirty (30) days :. after the date of the order. (3) . Any operator who violates or fails to comply with an order issued under section 13-116(b)(1) above after the order's effective date shall be subject to an order by the county imposing an administrative penalty of not more than five thousand dollars ($5,000.00) per day, assessed from the orig- inal date of noncompliance with this -article. (4) Any operator who fails to submit a report to the director of department of conservation and public works department f and planning division under section 13-112 and section 2207 of the Public Resources Code shall be subject to an order by the county imposing an administrative penalty of not more than five thousand dollars ($5,000.00) per day, assessed from the original date of noncompliance with this article and/or section 2207 of the Public Resources Code. (5) In determining the amount of the administrative penalties for subsections (3) and (4) above, the county shall take into consideration the nature, circumstances, extent, and gravity of the violation or violations, any prior history of viola- tions, the degree of culpability, economic savings, if any, resulting from the violation, and any other matters justice may require. (6) Any operator aggrieved by an act or determination by the planning division, public works department or planning commission in the exercise of the authority granted herein shall have the right to appeal to the board of supervisors. Appeal procedures shall be in accordance with section 2774.2 of the Public Resources Code. (7) The director of department of conservation shall notify the planning division of any known apparent violations or non - 160.7 Supp. No. 9.93 § 13.116 BUTTE COUNTY CODE § 13-116 compliance with the Act in writing, and subject to the lim- itations in section 2774.1 of the Public Resources Code, the county shall have sole jurisdiction and responsibility of administering this article and the Act. (8) Remedies under this section are in addition to, and do not supersede or limit, any and all other remedies, civil or criminal, including, but not limited to, use permit, mining permit and/or reclamation plan revocation proceedings. (Ord. No. 3083, § 2, 8-10-93) 160.8 Supp. No. 9.93 • File No. 6UTTE COUNTY (For Action 1,2,3),Public Works Departmen (tori ormation'✓) 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 Land Dev. Count - LA`JD F NATURAL WEALTH AND BEAUTY '_- DEPARTMENT OF PUBLIC WORKS J. MICHAEL CRUMP, Director 7 COUNTY CENTER DRIVE . OROVILLE. CALIFORNIA 95965 • TELEPHONE: (916) 538-7681 SeptembeM t,16j5§52140 RONALD D. McELROY Assistant Drect« Mr. Roy La Fever LaFever Topsoil, Etc. 2603 Highway 70 Oroville, CA 95965 Re: Mining Permit - CA Mine ID #91-04-0016 Dear Mr. La Fever: Thank you for meeting with me last month to discuss my June 15, 1995 letter and to show me around your property. During our conversation, you stated that your operation did not fall under the provisions of the California Surface Mining and Reclamation Act of 1975, (SMARA). I have yet to complete an exhaustive search of that Act to ascertain your claim, } . however it is clear to me that your operation does fall under County Code Article II, Surface Mining and Reclamation, (attached). MC: ss Attach. Mike Crump Director of Public Works. cc: Craig Sanders - Planning Division war'.: • Development Services Cam Downey, Office of Mine Reclamation Section 13-104 of Article II requires any person, . . . . , who proposes to engage in surface mining operations as defined in this article, shall submit an application for a mining permit, reclamation plan, .and use .permit if the zone ` requires, to the County Department of Developments Services, Planning Division. "Surfacing mining operations" is defined in Section 13-102 of Article III as the .-=:•.- :� process involved in the mining of minerals on mined lands . '.. "Minerals" is defined in -the same section as any naturally occurring chemical _ element or compound or groups of elements and compounds, formed from inorganic .- ;�;;F;f.;w-ti,,,,,, processes and organic substances, including but not limited to sand, gravel, aggregate,. Therefore, it" is my determination that you are not in compliance with the � ;���;= provisions of Article II Surface Mining and Reclamation. You are further noticed �;>, •:fir t= ' _-.:• that you have 30 days to comply with County Code by submitting an application for =�;.•�:�r.. ,.,; _ a mining permit with a reclamation plan to the County Department of Development =" Services. -Planning Division within 30 days. h ���:;:,F-� • Very truly yours, MC: ss Attach. Mike Crump Director of Public Works. cc: Craig Sanders - Planning Division war'.: • Development Services Cam Downey, Office of Mine Reclamation P 780 010 184 Certified Mail Receipt No Insurance coverage Provides Do not use for International Mail (See Reverse) Sent to § 13-101 GRADING AND MINING § 13-101 ARTICLE II. SURFACE MINING AND RECLAMATION* Sec. 13-101. Purpose and intent. (a) The purpose of this article is to implement the provisions of the California Surface Mining and Reclamation Act of 1975 as amended (the "Act," Public Resources Code section 2710 et seq.). (b) It is the purpose and intent of the board of supervisors to create and maintain an effective and comprehensive surface mining and reclamation policy with regulation of surface mining operations so as to assure that: P (1) Adverse environmental effects are prevented or minimized and that mined lands are reclaimed to a usable condition which is readily adaptable for alternative land use. (2) The production and conservation of minerals are encour- . aged, while giving consideration to values relating to rec- reation, watershed, wildlife, range, and forage and aes- thetic enjoyment. \� (3) Residual hazards to the public health and safety are elim- inated. (4) The extraction of minerals is essential to the continued economic well-being of the county and to the needs of so- ciety, and that reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety. (5) The reclamation of mined lands as provided in this article will permit the continued mining of minerals and.will pro- vide for the protection and subsequent beneficial use of the mined and reclaimed land. (6) Surface mining takes place in diverse areas where the geo- logic, topographic; climatic, biological and social conditions *Editor's note—Section 1 of Ord. No. 3083, adopted Aug. 10, 1993, repealed Art. II in its entirety. Formerly, Art. II consisted of §§ 13-101-13-110 and §§ 13-112-13.115, which pertained to replacement of material displaced in surface mining operations and derived from § 1 of Ord. No. 1827, adopted May 24, 1977. and §§ 1-4, 6, and 7 of Ord. No. 2003, adopted Feb. 13, 1979. Section 2 of Ord. No. 3083 further provided for the addition of a new Art. II, §§ 13.101-13.116, as herein set out. 157 Supp. No. 9.93 § 13-102 BUTTE COUNTY CODE § 13-102 are significantly different and that reclamation operations and the specifications therefor may vary accordingly. (c) This article shall be reviewed annually and revised, as nec- essary, in order to ensure that it is in accordance with the state policy for mined lands reclamation and to encourage the mining industry of Butte County. (Ord. No. 3083, § 2, 8-10-93) Sec. 13.102. Definitions. F For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Committee: The surface mining aggregate operations committee. The five -member committee appointed by the board of supervi- sors pursuant to Resolution [No.] 84-197. Exploration or prospecting: The search for minerals by geolog- ical, geophysical, geochemical or other techniques, including, but not limited to, sampling, assaying, drilling, or any surface or underground works needed to determine the type, extent or quality of the minerals present. Financial assurance: The financial guarantee provided by the operator to assure the reclamation of all mined lands in the event of default by the operator. Financial assurances are limited to the . following forms per section 2773.1 of the Public Resources Code: (1) Surety bonds; (2) Irrevocable letters of credit; (3) Trust funds; and (4) Other forms of financial assurances specified by the board pursuant to section 2773.1(c). Idle mine: "Idle" means to curtail for a period of one year or more surface mining operations by more than ninety (90) percent of the operation's previous maximum annual mineral production, with the intent to resume those surface mining operations at a future date. 158 Supp. No. 9.93 § 13-102 GRADING AND MINING -§ 13-102 Mined lands: Includes the surface, subsurface and ground water of an area in which surface mining operations will be, are being, or have been conducted, including private ways and roads appur- tenant to any such area, land excavations, working, mining waste, and areas in which structures, facilities, equipment, machines, tools, or other materials or property which result from, or are used in, surface mining operations, are located. Minerals: Any naturally occurring chemical element or com- pound, or groups of elements and compounds, formed from inor- ganic processes and organic substances, including, but not lim- ited to, sand, gravel, aggregate, coal, peat and bituminous rock, but excluding geothermal resources, natural gas and petroleum. Mining waste: Includes the residual of soil, rock, mineral, liquid, vegetation, equipment, machines, tools or other materials or prop- erty directly resulting from, or displaced by, surface mining op- erations. Operator: Any person who is engaged in surface mining oper- ations, himself or herself, or who contracts with others to conduct operations on his or her behalf, except a person who is engaged in surface mining operations as an employee with wages at his or her sole compensation. Overburden: Soil, rock or other materials that lie above a nat- ural mineral deposit or in between deposits, before or after their removal by surface mining operations. Permit: Any authorization from, or approval by, the county, the absence of which would preclude surface mining operations. Person: Any individual, firm, association, corporation, organi- zation or partnership, or any city, county, district or the state or any department or agency thereof. Reclamation: The combined process of land treatment that min- imizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion and other adverse effects from surface mining operations, including adverse surface effects inci- dental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and create no danger to public health or safety. The process 159 Supp. No. 9.93 § 13-103 BUTTE COUNTY CODE § 13-103 may extend to affected lands surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compac- tion, stabilization or other measures. Reclamation plan: The plan required by the Act, as amended, and meeting all the requirements of section 2772 and 2773 of the Public Resources Code, state administrative guidelines and reg- ulations adopted pursuant thereto, and ordinances and resolu- tions of the county adopted in accordance therewith. State board: State Mining and Geology Board, in the Depart- ment of Conservation, State of California. State geologist: Individual holding office as structured in sec- tion 677 of article 3, chapter 2 of division 1 of the Public Re- sources Code. Surface mining operations: All, or any part of, the process in- volved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open -pit mining of minerals naturally exposed, mining by the auger method, dredging and.quarrying, borrow pitting, stream bed skim- ming, and segregation or stock -piling of mined materials (and recovery of the same), or surface work incident to an underground mine. Surface mining operations shall include, but are not lim- ited to: (a) In-place distillation, retorting or leaching. (b) The production and disposal of mining waste. (c) Prospecting and exploratory activities. (Ord. No. •3083, § 2, 8-10-93) Sec. 13.103. Scope. (a) The provisions of this article shall .apply to the unincorpo- rated areas of Butte County. (b) The provisions of this article are not applicable to: (1) Excavations or grading conducted for farming or on-site construction or for the purpose of restoring land following a flood or natural disaster. 160 Supp. No. 9.93 § 13.104 GRADING AND MINING § 13-105 (2) Prospecting for, or the extraction of, minerals for commer- cial purposes and the removal of overburden in total amounts of less than one thousand (1,000) cubic yards in any one location of one acre or less. (3) Surface mining operations that are required by federal law in order to protect a mining claim, if such operations are conducted solely for that purpose. (4) Reclamation of lands mined prior to, but not after, January 1, 1976. (5) Surface mining operations conducted pursuant to vested rights obtained prior to January 1, 1976, except as other- wise provided in section 13-110. (6) Such other surface mining operations that the county de- termines to be of an infrequent nature, and which involve only minor surface disturbances and are categorically iden- tified by the state board of mining and geology pursuant to sections 2714(d) and 2758(c) of the Public Resources Code. (Ord. No. 3083, § 2, 8-10-93) Sec. 13.104. Permit and reclamation plan requirement. (a) Application. Any person, except as provided in section 2776, Public Resources Code, who proposes to engage in surface mining operations as defined in this article, shall submit an application for a mining permit, reclamation plan and a use permit if the zone requires, to the county department of development services, plan- ning division. The application shall be on a form furnished by the county and shall be full and complete, containing all information required by the Act, as well as any additional information re- quired by the planning division. (b) Filing fee. Each application shall be accompanied by a filing fee in the amount set forth by resolution or ordinance at the time of application submittal. (Ord. No. 3083, § 2, 8-10-93) Sec. 13.105. Application review procedure. Upon deeming the application complete, the planning division shall send copies of the mining permit application and reclama- 160.1 Supp. No. 9-93 § 13-106 BUTTE COUNTY CODE § 13-107 tion plan to the director of department of conservation, county public works department, the committee and other responsible agencies. Within ten (10) days of the distribution of. the permit application and reclamation plan, the committee shall meet to review and make recommendations to staff. The planning divi- sion shall be responsible for developing an agenda and setting the time and place for the committee meeting. The planning division will be responsible for conducting the initial study to determine the project's status in respect to the California Environmental Quality Act, Public Resources Code section 21000 et seq. (Ord. No. 3083, § 2, 8-10-93) Sec. 13-106. Financial assurances. The planning commission shall require financial assurances as necessary to conform to the provisions of this article and with section 2773.1 of the Public Resources Code. The mine operator or applicant shall submit a good faith estimate of the financial as- surance for reclamation, based on the state's financial assurance guidelines. The director of public works shall be responsible for verifying the estimate so as to guarantee reclamation. If the mine operation is phased and a program is provided by the operator, financial assurances can be based on each specific phase. Such financial assurances shall be made payable to the county and the department of conservation. (Ord. No. 3083, § 2, 8-10-93) Sec. 13.107. Public hearing. The planning division shall, upon completion of the review pro- cess, schedule the project for public hearing before the planning commission in the same manner as provided for in section 24-46 of chapter 24 of this Code. The planning commission, on the basis of evidence submitted at the hearing, may approve, conditionally approve, or deny the rec- lamation plan, financial assurances, mining permit and/or use permit. The determination of the planning commission shall be final unless a written appeal is filed in the same manner as provided for in section 24-48 of chapter 24 of this Code. (Ord. No. 3083, § 2, 8-10-93) 160.2 Supp. No. 9.93 I § 13-108 GRADING AND MINING • § 13-109 Sec. 13-108. Lapse of permit. Upon approval of the mining permit, the operator shall com- mence surface mining operations within five (5) years from the date of issuance of the permit. Should operations not commence within said five (5) years the permit shall expire and become void, unless extended -by the planning commission prior to expiration. (Ord. No. 3083, § 2, 8-10-93) Sec. 13-109. Idle mines/interim management plans. (a) Within ninety (90) days of a surface mining operation be- coming idle, as defined in section 13-102 and section 2770(h) of the Public Resources Code, the operator shall submit to the plan- ning division for review and approval an interim management plan. The interim management plan shall be considered an amend- ment ' to the approved reclamation plan and shall include mea-. sures the operator will implement to maintain the site in compli- ance with all permit conditions of the approved reclamation plan, mining and/or use permit. (b) The interim management plan may remain in effect for a period not to exceed five (5) years, at which time the county shall do one of the following: (1) Renew the interim management plan for an additional pe- riod not to exceed five (5) years. (2) Require the operator to commence reclamation in accor- dance with the approved reclamation plan. (c) The financial assurance required by section 13-106 shall remain in effect during the period the surface mining operation is idle. (d) The planning division shall review and approve the interim management plan in accordance with section 2770(h) of the Public Resources Code. (e) The public works department shall periodically inspect each idle mine to assure compliance with the approved interim man- agement plan. (Ord. No. 3083, § 2, 8-10-93) 160.3 Supp. No. 9.93 § 13-110 BUTTE COUNTY CODE § 13-111 Sec. 13.110. Vested rights. No person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall be required to secure a permit pursuant to this article and the Act as long as the vested right continues- and as long as no substantial changes are made in the operation except in accordance with this article. A person shall be deemed to have vested rights if, prior to January 1, 1976, he or she has, in good faith and in reliance upon a permit or other authorization, if the permit or other authorization was required, diligently commenced surface mining operations and incurred substantial liabilities for work and materials necessary therefor. Expenses incurred in obtaining the enactment of an ordinance in relation to a particular operation or the issuance of a permit shall not be deemed liabilities for work or materials. . The reclamation plan required to be filed under subdivision (b) of section 2770 of the Public Resources Code, shall apply to oper- ations conducted after January 1, 1976, or to be conducted. Nothing in this article shall be construed as requiring the filing of a reclamation plan for, or the reclamation of, mined lands on which surface mining operations were conducted prior to January 1, 1976. (Ord. No. 3083, § 2, 8-10-93) Sec. 13-111. Public records. Reclamation plans, reports, applications, and other documents submitted pursuant to this article are public records, unless it can be demonstrated to the satisfaction of the county that the release of such information, or part thereof, would reveal production, reserves or rate of depletion entitled to protection as proprietary information. The applicant shall have the right to identify what, in his opinion, is proprietary information. The county shall iden- tify proprietary information as a separate part of each applica- tion. A copy of all permit, reclamation plans, reports, applications and other documents submitted pursuant to this article, including proprietary information, shall be furnished to the director of de- partment of conservation by the County of Butte. Proprietary information shall be made available to persons other than the director of department of conservation only when authorized by 160.4 Supp. No. 9.93 § 13.112 GRADING AND MINING -§ 13-113 the mine operator and by the mine owner in accordance with section 2778 of the Public Resources Code. (Ord. No. 3083, § 2, 8-10-93) Sec. 13.112. Annual inspection/reports. (a) The public works department, development services depart- ment, and such technical specialists as they may deem necessary, shall conduct annual inspections in accordance with section 2774(b) of the Public Resources Code, for each mining operation to deter- mine whether the surface mining operation is in compliance with the spirit and intent of this article and the Act, and the provisions thereof. Such inspection shall be conducted using a form provided by the director of department of conservation for that purpose, and shall be conducted no later than six (6) months after receiving the surface mining operation's annual report submitted pursuant to section 2207 of the Public Resources Code and section 13- 112(b). This section does not preclude the county from requiring additional inspections for the purpose of ensuring appropriate environmental protection. (b) In compliance with section 2207 of the Public Resources Code, the owner, manager, or other person in charge of any sur- face mining operation shall forward an annual report to the di- rector of department of conservation not later than an anniver- sary date established for that operation by the director of department of conservation upon forms furnished by the state board of mines and geology. Such annual report shall be in accord with instructions included with the forms. The designated copy shall be submitted to the planning division and public works department on or before the aforesaid anniversary date. (c) The cost of the annual inspection dictated by section 13- 112(a), above, shall be borne by the operator. The county shall establish and annually review a fee recovery program to cover the reasonable costs incurred in implementing this article. (Ord. No. 3083, § 2, 8-10-93) Sec. 13-113. Amendments. Amendments to an approved reclamation plan may be sub- mitted to the planning commission any time, detailing proposed 160.5 Supp. No. 9.93 .a § 13-114 0— BUTTE COUNTY CODE § 13-116 changes from the original plan. Substantial deviations from the original plan shall not be undertaken until such amendment has been filed with and approved by the planning commission. The planning commission shall set a public hearing regarding such amendments in the same manner as is provided for in section 13-107. (Ord. No. 3083,'§ 2, 8-10-93) Sec. 13-114. Transferability. Permits, reclamation plans and financial assurances issued under the provisions of this article are transferable, and the suc- cessor shall be bound by the provisions of the approved reclama- tion plan or permit and the provisions of this article. (Ord. No. 3083, § 2, 8-10-93) Sec. 13.115. Minor plan modifications. Minor plan modifications from an approved reclamation plan may be allowed upon request of.the operator or applicant, and upon a finding by the director of development services that each requested minor plan modification is necessary to achieve the prescribed or higher post -mining use of the reclaimed land. (Ord. No. 3083, § 2, 8-10-93) Sec. 13.116. Enforcement. (a) Violation—Public nuisance. Any violation of this article is unlawful and a public nuisance and shall be abated, eliminated and enjoined as provided by the Butte County Code or state law. (b) Violation—Noncompliance. (1) If the public works director should determine that an op- erator is not in compliance with the provisions of this ar- ticle, the county, in conformance with section 2774.1(a) of the Public Resources Code, shall notify the operator of that violation by personal service or certified mail. If the viola- tion extends beyond thirty (30) days after the date of the county's notification, the public works director shall issue an order by personal service or certified mail requiring the operator to comply with this article. .93 160.6 Supp. No. 9 c: c § 13-116 GRADING ARID MINING § 13-116 (2) An order issued under section 13-116(b)(1) above shall not take effect until the operator has been provided a hearing before the planning commission concerning the alleged vi- olation. Any order issued under the section cited above shall specify which aspect of the surface mine's activities or operations are inconsistent with this article and shall specify a time for compliance, and shall set a date for the hearing, which shall not be sooner than thirty (30) days after the date of the order. (3) Any operator who violates or fails to comply with an order issued under section 13-116(b)(1) above after the order's effective date shall be subject to an order by the county. imposing an administrative penalty of not more than five thousand dollars ($5,000:00) per day, assessed from the orig- inal date of noncompliance with this article. (4) Any operator who fails to submit a report to the director of department of conservation and public works department and planning division under section 13-112 and section 2207 of the Public Resources Code shall be subject to an order by the county imposing an administrative penalty of not more than five thousand dollars ($5,000.00) per day, assessed from the original date of noncompliance with this article and/or section 2207 of the Public Resources Code. (5) In determining the amount of the administrative penalties for subsections (3) and (4) above, the county shall take into consideration the nature, circumstances, extent, and gravity of the violation or violations, any prior history of viola- tions, the degree of .culpability, economic savings, if any, resulting from the violation, and any other matters justice may require. (6) Any operator aggrieved by an act or determination by the planning division, public works department or planning commission in the exercise of the authority granted herein shall have the right to appeal to the board of supervisors. Appeal procedures shall be in accordance with section 2774.2 of the Public Resources Code. (7) The director of department of conservation shall notify the planning division of any known apparent violations or non - 160.7 Supp. No. 9.93 § 13-116 BUTTE COUNTY CODE § 13.116 compliance with the Act in writing, and subject to the lim- itations in section 2774.1 of the Public Resources Code, the county shall have sole jurisdiction and responsibility of administering this article and the Act. (8) Remedies under this section are in addition to, and do not supersede or limit, any and all other remedies, civil or criminal, including, but not limited to, use permit, mining permit and/or reclamation plan revocation proceedings. (Ord. No. 3083, § 2, 8-10-93) 160.8 Supp. No. 9-93 lFs: i Count �. - DEPARTMENT OF PUBLIC WORKS J. MICHAEL CRUMP, Director 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965 TELEPHONE: (916) 538-7681 FAX: (916) 538-2140 . RONALD D. McELROY June 15, 1995 Assistant Dtreao« Mr. Wy LaFever LaFever Topsoil, Etc. 2603 Highway 70 Oroville, CA 95965 Re: Mining Permit - CA -Mine ID 191-04-0016 Dear Mr. LaFever: I am in receipt. of your submitted 1993 Mining Operation Annual. =Report dated May -15,-.1995, however 'a review of our -files shows no-. indication that you have applied for or received a permit to mine from Butte County. In accordance with Section 13-104 of the Butte County Code, you are required to submit an application for a mining permit, reclamation - - - - plan, and a use , permit if required, to the County Department of -Development:Services - Planning Division.. -•_ tit 3 � .Continuing mining 'operations without a permit- from Butte County is - i .. violatiorn ; of " Count Code - and must not continue. -:You are -'-hereby: iioticed that you have 30- days to voluntarily comply' �- .with Article II :of- the 'County Code entitled Surface -Mining and. ':Reclamation or the`County.will take the necessary steps to abate :this apparent violation. s aft` Please contact'Crag'Sanders of the Development Services Department >F°at 538-760i -t0 on how to com 1 with this, re P y. quest. a 3 .Very truly yours, MC:ss Mike Crump Director of Public Works Craig Sanders, Planning lFs: Mr. Roy La Fever LaFever Topsoil, Etc. i6jutte orountyr NATURAL VV EA T'H A.N'D BEAUTY DEPARTMENT OF PUBLIC WORKS J. MICHAEL CRUMP, Director 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965 TELEPHONE: (916) 538-7681 septembePK,1615�V140 RONALD D. McELROY Assistant Director 2603 Highway .70 ' Oroville, CA 95965 Re: Mining Permit - CA Mine ID #91-04-0016 Dear Mr. La Fever: Thank you for meeting with me last month to discuss my June 15, 1995 letter and to show me around your property. During our conversation, you stated that your operation did not fall under the provisions of the California Surface Mining and Reclamation Act of 1975, (SMARA). I have yet to complete an exhaustive search of that Act to ascertain your claim, however it is clear to me that your operation does fall under County Code Article II, Surface Mining and Reclamation, (attached). , Section 13-104 of Article II requires any person, , who proposes to engage in surface mining operations as defined in this article, shall submit an application for a mining permit, reclamation plan, and use permit if the zone requires, to the County Department of Developments Services, Planning Division. "Surfacing mining operations" is defined in Section 13-102 of Article III as the process involved in the mining of minerals on mined lands "Minerals" is defined in -the same section as any naturally occurring chemical element or compound or groups of elements and compounds, formed from inorganic. processes and organic substances, including but not limited to sand, gravel, aggregate . . . . Therefore, it is my determination that you are not in compliance with the provisions of Article II Surface Mining and Reclamation. You are further noticed that you have 30 days to comply with County Code by submitting an application for a mining permit with a reclamation plan to the County Department of Development Services -Planning Division within 30 days. Very truly yours, 0riginaI s.� y J. MC:ss Mike Crump Attach. Director of Public Works r cc:'raig Sanders - Planning Division Development Services ftnnin Division Cam Downey, Office of Mine Reclamation 9 SEP 2 7 W5 Orowie, ct uromla CV Gni - `\. _ tcle- CZ— •1 . __�..____ _ _. _•�._ ._.w - 7' - :-•� i= a s -,.y,: z -k. �.. at-'� �•-`x. Yx a_y' - -s -'. ', (// i - + �,h ��z ar x '�}n�J/(■11/t`--•�zy^^rc t� r3 <+a•1l`a/� .c.c-`� :_r �" •r S lr t£ J. � rT-'•S' 4 F° �-,t +7 �` r s fSy, $:� fiti t •. �u 'a' - c T y ` _.. _ .,SYr Y � a p�1 .� t K;j .ice �Ca ., va!j atu 3cyP .: ��r..� .y�Yy, 5 f' �• .. 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S �` F '�- '.,.{ '.,..v; • � _ Thr .„.,,�. _"'-'"""-"'..�_ � - ---------�--. _ _--___.._�_� ° ...._�t ..-._... g'a= _,"fit,:-.'.L---- - --r=-- ---- -- • (---, -r � �'�'�t':__ _� _. ' - _ __• ...�..� � ..�. _._ . File No BUTTE COUNTY (For Action 1,2.3) Public Works Department (For ' ormation ✓) Director l Secretary Rd. & Br. Mtce. Shop & Yard File No BUTTE COUNTY (For Action 1,2.3) Public Works Department (For ' ormation ✓) 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 Land Dev. Permits Addressing Stat; f Calif irnia DEPA'JtYMENT OF CONSERVATION-• ,/ / MINING OPERATION ANNUAL -REPORT 'CA MINE ID # MRRC-2 Page 1 (Revised 04/94 or 1993 R orting Year)„ MINE NAME ` � � �' 1: Company Operating Site Contact Person Telephone 'Street'Address/P.O.BoxNo: • � D city .• ' • State /53 Code/ County :. G.,o . :/ •, . �Royi���... Com, 9s'9 2. Designated. Agent's Name ,. Mailing Address City • ZIP Code Telephone <. ITEMS . BELOW • WHICH --ARE. -PRECEDED -BY A BOX LABELED-:N.C. MAY. BE" CHECKED—IF THERE ARE NO CHANGES :.: IN -THE 'INFORMATION :FROM ':THE LAST REPORTING YEAR. (NOTE: 1F.THIS "IS THE. FIRST. TIME -.JOU. HAVE FILED A REPORT, ALL SECTIONS MUST BE COMPLETED.) 5. Status of Mining' Activities"DURING 'THE" REPORTING YEAR 3. Owner of Mining Operation - Telephone N.C. ❑ Newly Permitted. Not yet n operation. " Date Permitted 'Mailing Address (this address will be used to send next year's report form) _ City State/ ZIP Code Country (If other than U.S.A.) ,.. Was this operation purchased by you during reporting year? Was this operation sold by you during reporting year? Q Yes.: If yes, date'of purchase ❑ No. ❑Yas. .If yes, date of sale ❑ No. ;Date operation became -idle 4.-'L andowner Assessor's Parcel#. ` = bag, ,.'._ .. e i �ATTACH�PROOF O�`'SUBIYIfTTAL�� EJ Management Plan pending with Lead Agency. - - -- _ • • _ - Closed with no intent to resume. Date mining ceased - .':,: - ".J: .aaY•"-.t. -,. � �-iS,Ci :_.ey'. ." -..5'. 7 ^-. �k::_" ••aj1 ❑Closed -reclamation cert�hed Lead Agency. Date ceased -" y ' Mailing Address Telephone S Status of Reclamation Activities DURING THE REPORTING YEAR : CHECK'? '� } City/ State/ZIP Code..`.. . ". Country (If other than U.S.A.) , . 5. Status of Mining' Activities"DURING 'THE" REPORTING YEAR CMEGK1 ONLY ❑ Newly Permitted. Not yet n operation. " Date Permitted •• - • rF•^•rl <i+i. ' }t •!•M .� Actrve +, f..i` 1 -f •� .�. ..... _ .�: ni ..... .» . .. ..._ _ v __ _• .�.r{�-%^ - ... -❑ Idle (as defined m Public Resources Code Section 2727.1). Complete the following: ;Date operation became -idle :❑ Copy of Approved Interim Manam geent Plan attached.: �? ` = bag, ,.'._ .. e i �ATTACH�PROOF O�`'SUBIYIfTTAL�� EJ Management Plan pending with Lead Agency. - - -- _ • • _ - Closed with no intent to resume. Date mining ceased .':,: - ".J: .aaY•"-.t. -,. � �-iS,Ci :_.ey'. ." -..5'. 7 ^-. �k::_" ••aj1 ❑Closed -reclamation cert�hed Lead Agency. Date ceased -" y ' completeby mining S Status of Reclamation Activities DURING THE REPORTING YEAR : CHECK'? '� } `•• ONL . Reclamation not started ❑ Reclamation in progress (attach updated reclamation plan map. indicating progress)..... ' ......, ` - •,.:t :. •.. r ElReclamation certified complete by Lead Agency. $ATTACH; CERTIFICATION h Reclamation certified com tete on (Date). (Date). , DISTRIBUTION: White State Yellow—Lead Agency : , Pink—Operator 94 "7" P Financial Assurances released on State of California DtPAFTk NT-00-CONWERVATION • 0C MINING OPERATION ANNUAL -REPORT MRRC-2 Page 2 (Revised 04/94 for 1993 Reporting Year) CA MINE 1D# 7, C3 YES NO Inspection completed by Lead Agency during the reporting year. If yes, attach the yellow copy of Surface -Mining Inspection Report (MRRC-1). If Inspection report is not attached, please explain on Page 4. 04 S. S M A RA Lead Agency (city OR county ONLY) f N.C. Number of.tacres subject to Reclamation Plan: Reclamation Plan Status CHOKE El No k'n ❑ Approved on (date). Attach copy with amendments, conditions, and PROOF of approval. ❑ Pending. Submitted to Lead Agency on (date). EOn�Aooeal.. u iti�4o SMGB (date)SUBMITTAL-5•, Aar_ - 9. 0. YES: Financial Assurances approved by Lead Agency. TIT 'Complete below for iip6rbviiid Financial Assurances: Arnourrt Type Date Posted '22% 4 + 'X NO: Financial Assurances"'NOT approV.ed by Lead Agency. Check reason below: ❑ Financial Assurances: pending with Lead Agency. Sub . mitted on (date). AT3TACNPRO,OFOFSUBMITTAI.R ❑ -Financial-.Assurances appealed t6WGB. Submitted on 4TT "NPROO Date of Annual Review Expiration Date or • by Lead Agency Renewal Date (if applicable) IF..ApPLicA 13_L'E,:4N'F.ORMATION REOUIRED IN ITEMS.10 THROUGH .13 MUST OE.'PROVIDED -FOR EACH -.SEPARATE PLO'T" 1 ATTACH NAMED U.S. GEOLOGICAL SURVEY. MAP -7.5' OR 15' QUAD—SHOWING BOUNDARIES OF MINING OPERATION N.C. Latitude Longitude Sect ion—Township—Range—Bi6e Meridian Quad Name County 11. Type Code(s) of Mining Operation SEE EXHIBIT E ff- D CODES N. -- — — -------------- U 12..DISTU96'E'b ACREAGE '-t MCOMPLETE : _ENTIRE SECTION,__ N pr ox,imiate 'i"stur' pd.-. acreage aq !a? !T.i­­­,the' .rVPDr�g .yea - (This -46 ure-should ryiatbK-the -4igure-irony -item 10.0.5 on your last annual'report) 2. -A. imate acreage disturbed during the reporting year. 3 (ADD. LINE 1 TO LINE 2) 'a 4. Approximate disturbed acreage - reclaimed during the reporting year. . .(SUBTRACT LINE'4 FROM LINE 3) Appr6 ximate disturbed acreage remaining at end of reporting year. N FIR)`C ❑ 'Acres Permitted:---.' & Permit # Z. ❑ Acres .Vested (Acrq's.'disturbed prior to January 1976): * ❑ Acres & Permit/ID Federal Land tt 14.' S, $ Current total assessed Value of mining operation as established by County Assessors Office DISTRIBUTION: White—State Yellow --Lead Agency Pink—Operator 94 71745 State of Califavnia _ DEPAP,TAg NT•OkCONSERVATIOf op MINING -OPERATION .ANNUAL REPORT MRRC-2 Page 3 (Revise 04/94 for 1993 Reporting Year) -CA MINE ID # e 15. COMMODITIES AND PRODUCTION S.EE EXH161T B f,0114. "COMMODITIES AND UNITS OF MEASURE:: E. PRODUCTION INFORMATION IS PROPRIETARY AND 'W :\ . . List All Commodities (from Exhibit 6) A. PRIMARY, COMMODITY PRODUCED BY. OPERATION A B. ALL, OTHER COMMODITIES'.-_. PRODUCED BY 6PERATION_• '' 16. REPORTING FEE , FEE SCHEDULE: USING BOTH .:YOUR CATEGORY `NUMBER AND TOTAL PRODUCTION FROM 15(A) ABOVE, REFER TO EXHIBIT C TO FIND YOUR CORRESPONDING -PRODUCTION RANGE AND FEE ENTER YOUR PRODUCTION RANGE CODE IN 16(A) AND CORRESPONDING FEE IN 16(B) BELOW. --A A .PRODUCTION "RANGE CODE .• r FROM EXHIBIT C B.. REPORTING FEE ATTACHED $ FROM?EXHIBIT C:>, :SUBMITTED BY: ! ;.. Your Name (Please print) Z W,,� Your Mailing Address {City/State/ZIP Code `;�=�,eoY/ G - L.:�I�• 7�7�c7_— Your Telephone Number, -and accurate (failure to submit complete and accurate requisite information may result in an I certify that the information submitted herein is complete _t` -administrative penalty as provided for In Public Resources Code Section 277 .,_SIGNATURE .OF SUBMITTER`/ -a DATE w' •. _ ,.;. - � <' �,.. '.� it y � � • � `• ~ its �6:_ ti ..r, +_..� � ` `'TITLE .OF SUBMITTER rL * a �•a? l` i l .-• ,.^ �`y„r ` a ��s,,•, . -� .. '� - a-T� .�.,.},r� )ivy r•� f .`_,.. • - < . Please mall annual report, reporting fee, and ALL required attachments to: • DEPARTMENT OF CONSERVATION "> : 'Office ' of Mine Reclamation 801; K Street, MS 09-06 .Sacramento, CA 95814-3529 .ems 'DISTRIBUTION: White—State Yellow—Lead Agency Pink—Operator 94 97746 WILL BE KEPT CONFIDENTIAL PURSUANT TO GOVERNMENT CODE SECTION 6252 TOTAL. PRODUCTION Check here Category if No ,CHECK "ONE' 9,, Number Production (from for a Amount of Short Troy Exhibit B) Commodity Production Tons Ounces Pounds 16. REPORTING FEE , FEE SCHEDULE: USING BOTH .:YOUR CATEGORY `NUMBER AND TOTAL PRODUCTION FROM 15(A) ABOVE, REFER TO EXHIBIT C TO FIND YOUR CORRESPONDING -PRODUCTION RANGE AND FEE ENTER YOUR PRODUCTION RANGE CODE IN 16(A) AND CORRESPONDING FEE IN 16(B) BELOW. --A A .PRODUCTION "RANGE CODE .• r FROM EXHIBIT C B.. REPORTING FEE ATTACHED $ FROM?EXHIBIT C:>, :SUBMITTED BY: ! ;.. Your Name (Please print) Z W,,� Your Mailing Address {City/State/ZIP Code `;�=�,eoY/ G - L.:�I�• 7�7�c7_— Your Telephone Number, -and accurate (failure to submit complete and accurate requisite information may result in an I certify that the information submitted herein is complete _t` -administrative penalty as provided for In Public Resources Code Section 277 .,_SIGNATURE .OF SUBMITTER`/ -a DATE w' •. _ ,.;. - � <' �,.. '.� it y � � • � `• ~ its �6:_ ti ..r, +_..� � ` `'TITLE .OF SUBMITTER rL * a �•a? l` i l .-• ,.^ �`y„r ` a ��s,,•, . -� .. '� - a-T� .�.,.},r� )ivy r•� f .`_,.. • - < . Please mall annual report, reporting fee, and ALL required attachments to: • DEPARTMENT OF CONSERVATION "> : 'Office ' of Mine Reclamation 801; K Street, MS 09-06 .Sacramento, CA 95814-3529 .ems 'DISTRIBUTION: White—State Yellow—Lead Agency Pink—Operator 94 97746 Statto-of California bEPARTMENT,00'1001`4S&VATION Nfflqjr4G OPERATION ANNUAL RES9, M[RRC-2 Page I (Revised 4/9for 1992 irting Year) ted b *QAMINE ID#f�-45el IF APPLICABLE REQUIRED IN ITEMS 6 THROUGH 10 MUST BE PROVIDED FOR EACH SEPARATE PLOT NAMED 6. s GEOLOGICAL: Sb F� 1e R �', URVEY MAP—,7.5 '(?U,, HOWING BOUNDARIES OF MINING OkFlAtfbN qr, 174 OZZI b- p Range 'T wnshl "Base Meridian a County N C - ':" *-11 -'. _� I - - A., 71�­'­% Latitude Quad j- -.7 ­Kj"lv*�,­ N C 7., 7. •Type rode(s) of Mining --DISTRIBUTION: ..-White—State Yellow—Lead Agency Pink—Operator 92 93M j.. mine Name—Opera Lq l' y City ooAllr.4 e P&A4,009 45- Site Contact Parson = Mine Striet Address/Address/ ity Telephone AJA/e: /00 �7 Jr Address Country (if other than U.S.A.) Telephone State/ZIP Code :1 Wasthis o0e o rchaSed by -y' eduring rep&t1h rib 4 P61 'WA asoldby you during u repo ngyea ri - .�t - • ITEMS 2 T ROUGH REPORTING YEAR, 9 Ag6kk6tiiib EWkElOk WHI'CH MAY BE CHECKED THIS BOX IS LABELED N.C.'(IF THIS IS THE FIRST IF THERE ARE NO CHANGES TIME YOU HAVE FILED, ALL SECTIONS IN THE INFORMAT10N FROM THE LA MUST BE COMPLETED, IF APPLICABLE REQUIRED IN ITEMS 6 THROUGH 10 MUST BE PROVIDED FOR EACH SEPARATE PLOT NAMED 6. s GEOLOGICAL: Sb F� 1e R �', URVEY MAP—,7.5 '(?U,, HOWING BOUNDARIES OF MINING OkFlAtfbN qr, 174 OZZI b- p Range 'T wnshl "Base Meridian a County N C - ':" *-11 -'. _� I - - A., 71�­'­% Latitude Quad j- -.7 ­Kj"lv*�,­ N C 7., 7. •Type rode(s) of Mining --DISTRIBUTION: ..-White—State Yellow—Lead Agency Pink—Operator 92 93M 2.. Owrisi of Operation "'.t.– Malltng Address (Ms address will be used to City send next year's report form-) N.C. State/ZIP Code Country (if other than U.S.A.) Telephone :1 Wasthis o0e o rchaSed by -y' eduring rep&t1h rib 4 P61 'WA asoldby you during u repo ngyea ri - .�t - El Yep. If yes, date of purchase0 No 11 Yes. If yes, date of sale [I No 3. Deslidnated Agents Name Mail -Ing Address 4" dky ZIP Code Telephone 4. Landowner Assessor's Parcel # 'Mailing Addresi: Telephone 4z Clty/State/ZIP Code Country (If other than U.SA 5. SMARA Lead Agency (city OR county ONLIt Number of acres subject 'tio' Reclamation Plan: Redarnatlon Plan S ftii-s,- .0 d _E1 ate)._Attach.co0y with amendments. conditions. and PROOF of approval.' pprove on, z 4 ­. _U I , — - - !, .'­ - . .1 --*, S ency on– -,� .'Pending.'� OMitted td Aad (diti T. ,' On'4peaL'Submitted to SMGB 66 -(date) IF APPLICABLE REQUIRED IN ITEMS 6 THROUGH 10 MUST BE PROVIDED FOR EACH SEPARATE PLOT NAMED 6. s GEOLOGICAL: Sb F� 1e R �', URVEY MAP—,7.5 '(?U,, HOWING BOUNDARIES OF MINING OkFlAtfbN qr, 174 OZZI b- p Range 'T wnshl "Base Meridian a County N C - ':" *-11 -'. _� I - - A., 71�­'­% Latitude Quad j- -.7 ­Kj"lv*�,­ N C 7., 7. •Type rode(s) of Mining --DISTRIBUTION: ..-White—State Yellow—Lead Agency Pink—Operator 92 93M 10. Status of Mining and Reclamation Activities DURING THE REPORTING YEAR �CO[IEEESEC RQ.NS AB,Ri%DC _ . A. GHECKIQNLY ❑ Newly Permitted—Not yet in operation. Date Permitted Active ❑ Idle (as defined in Public Resources Code§2727. Complete the folio r Date operation became idle ❑'"'Copy of Approved Interim Management Plan attached. «.r ❑ Interim Management Plan pending with Lead Agency. Submitted on (date).ATTACH`PRQ:OF=OF'S - Cl -No lbhger in operationwith no intent to resume. Date mining ceased q. B. <CHECKi'.ONLIIi Reclamation not started ❑ Reclamation in progress (attach updated reclamation plan map Indicating progress `. ❑ Reclamation certified complete by Lead Agency 'ATTAGH.GERTIFlCA7IQN. Financial Assurances released t (date). C. :CQMPLETE ENTIRE &ECTION„ Approximate disturbed acreage at beginning of the reporting year (This figure should match the figure from Item 10.C.5 on your last j� �� annual report.) -2.�— Approximate acreage disturbed during the reporting year. 3.- SL— (ADD LINE 1 TO LINE 2) 4. L'Approbmate disturbed acreage reclaimed during the reporting year 5. .�G. (SUBTRACT LINE 4 FROM LINE 3)' Approximate,disturbed acreage remaining at end of reporting year ��^S '!" +•.: -' : .•:;:: ..... �.t �.ryn';.t•w •.'�v 1 +�}: � ' .,•.'n- �. .;�' 1.:;.�rt; ,t • 1::.. ••r5••�..a.]+��: �•an. s f.:t 2: e. i r -i _[. -:.7 _ .J�. 11. ❑YES: Financial Assurances`approved by Lead Agency' Attach copy''rand`proof of approval Complete below for approved Financial Assurances: - Date of Mnuel Review _ Expiration Dale or : Date Posted Amount Type _ 'by Lead Agency •, Renewal Date (it applicable) f ' NO: Financial Assurances NOT approved by Lead Agency Check reason below O Financial Assurances pending with Lead Agency Submitted on �= (date) pFTACH PHOOP OF SUBMITTAL:; _ ❑Financial Assurances appealed 1,b SMGB.,,Submitted ona j, '-r 1 (date)y A7TACH PROOI= OF $IJi9MITTAL:• 12.. ❑ YESI NO Inspection completed by tead'Agency during the reporting year 1 ,c, �... Attach the yellow copy of Surface Mining Inspection Report (MRRC•1). If Inspection report is not attached, please explain on Page 4. DISTRIBUTION: White --State Yellow—Lead Agency -Pink—Operator 92 93996 r State of California DEPARTMENT' OR'CONSERVATION r - - IDQ' AMINE ID#,� `-O MINING OPERATION ANNUAL REP T — .�% MRRC-2 Page 2 (Revised 4193 for 1992 Reporting Year) 8. ...CHEEK ALL THAT APPLY":. N.C. ❑ Permitted: Acres & Permit # ❑ Vested: Acres disturbed prior to January 1, 1976 , ' ❑ Federal Lands: Acres & PermitAD # N.C. $ Current total assessed value of mining operation as established by County Assessor's Office 10. Status of Mining and Reclamation Activities DURING THE REPORTING YEAR �CO[IEEESEC RQ.NS AB,Ri%DC _ . A. GHECKIQNLY ❑ Newly Permitted—Not yet in operation. Date Permitted Active ❑ Idle (as defined in Public Resources Code§2727. Complete the folio r Date operation became idle ❑'"'Copy of Approved Interim Management Plan attached. «.r ❑ Interim Management Plan pending with Lead Agency. Submitted on (date).ATTACH`PRQ:OF=OF'S - Cl -No lbhger in operationwith no intent to resume. Date mining ceased q. B. <CHECKi'.ONLIIi Reclamation not started ❑ Reclamation in progress (attach updated reclamation plan map Indicating progress `. ❑ Reclamation certified complete by Lead Agency 'ATTAGH.GERTIFlCA7IQN. Financial Assurances released t (date). C. :CQMPLETE ENTIRE &ECTION„ Approximate disturbed acreage at beginning of the reporting year (This figure should match the figure from Item 10.C.5 on your last j� �� annual report.) -2.�— Approximate acreage disturbed during the reporting year. 3.- SL— (ADD LINE 1 TO LINE 2) 4. L'Approbmate disturbed acreage reclaimed during the reporting year 5. .�G. (SUBTRACT LINE 4 FROM LINE 3)' Approximate,disturbed acreage remaining at end of reporting year ��^S '!" +•.: -' : .•:;:: ..... �.t �.ryn';.t•w •.'�v 1 +�}: � ' .,•.'n- �. .;�' 1.:;.�rt; ,t • 1::.. ••r5••�..a.]+��: �•an. s f.:t 2: e. i r -i _[. -:.7 _ .J�. 11. ❑YES: Financial Assurances`approved by Lead Agency' Attach copy''rand`proof of approval Complete below for approved Financial Assurances: - Date of Mnuel Review _ Expiration Dale or : Date Posted Amount Type _ 'by Lead Agency •, Renewal Date (it applicable) f ' NO: Financial Assurances NOT approved by Lead Agency Check reason below O Financial Assurances pending with Lead Agency Submitted on �= (date) pFTACH PHOOP OF SUBMITTAL:; _ ❑Financial Assurances appealed 1,b SMGB.,,Submitted ona j, '-r 1 (date)y A7TACH PROOI= OF $IJi9MITTAL:• 12.. ❑ YESI NO Inspection completed by tead'Agency during the reporting year 1 ,c, �... Attach the yellow copy of Surface Mining Inspection Report (MRRC•1). If Inspection report is not attached, please explain on Page 4. DISTRIBUTION: White --State Yellow—Lead Agency -Pink—Operator 92 93996 SFate of California �� •� DEPARTMENT OF CONSERVATION• MINING OPERATION ANNUAL REPORT CA MINE 11D# 7/ MRRC-2 Page 3 (Revised 4/93 for 1992 Reporting Year) 13. COMMODITIES AND PRODUCTION SEE:EXHIf3ITB!FOR:;COMMODITIES:ANDUNITS:OF:MEASURE: PRODUCTION INFORMATION IS PROPRIETARY AND WILL BE KEPT CONFIDENTIAL PURSUANT TO ` GOVERNMENT CODE SECTION 6252 Check here TOTAL PRODUCTION Category if No Number Production CHECK ONE Commodity _ (from for a Amount of Short Troy '(from Exhibit B) • Exhibit B) commodity Production Tons Ounces Pounds 'A- ..PRIMARY -,.,COMMODITY,,;...:" ": •" ,' PRODUCED BY P RATION OE : B.:. ALL OTHER COMMO.QITIES PRODUCED BY OPERATION. '•_?•14. REPORTING FEE - FEE SCHEDULEi-`USING BOTH YOUR CATEGORY NUMBER AND TOTAL- PRODUCTION FROM 13(A) ABOVE, REFER TO EXHIBIT C TO FIND YOUR CORRESPONDING',PRODUCTION RANGE AND FEE. INTER YOUR'PRODUCTION RANGE CODE IN 14(A) AND CORRESPONDING FEE IN 14(B) BELOW. A..` PRODUCTION RANGE CODE ' ; FROM: FJCHIBIT C.: B..: ,PORTING FEE ATTACHED 3 FROM EXHIBIT C'. SUBMITTED BY - r � � - • -a �• Ygk Name (Please print) G wP.2 ."Your Mailing Address ,City/StatelZlP�E��;` �� -Your Telephone Number�jj� '�'V�'�t "Q �7r� �7 I ceRi that the information submitted herein Is com Iete and accurate failure to submit complete and accurate requisite information may result In an fy P ( P 4 Y administrdtive penalty as provided for iri Public sources Codection _ , y `y SIGNATURE OF SUBMITTER <' DATE .S - /�� 'Z6 �"`r'ir •arn. ? -.' f � ! -«�.✓.� � �h uy •..�1# s � r:.'s int%;: at _,�(�•I wl .�`•:x .4. . s• '4 OWNER + ❑LESSOR s ❑ -LESSEE'!:._'3,j1� ❑ AGENT `' ❑ MANAGER ❑OPERATOR OR u " ❑ OTHER PERSON (spedfy titie j k 3 ) 10 -Ni, Please mail Aiiii a Report, repoiting fee; and ALIS required attachments to: =DEPARTMENT OF. CONSERVATION Mine Reporting and Reclamation Compliance cf = .,:=-801 K Street, MS 09-06 ."`:Sacramento; CA 95814-3529 DISTRIBUTION: White tate Yellow—Lead Agency Pink—Operator o State of•California DEPARTMENT OF CONSERVATION MINING OPERATION ANNUAL T MRRC-2 Page 1 (Revised 4/92) / 9f CINE 'ID # - 'Q 1. Mine Name , Operated by Site Contact Person -. Mine Stre Address/City Mine MailI96 Address City Lc9 I – e ITEMS 2 THROUGH 9 A E PRECEDED BY A BOX WHICH MAY BE CHECKED IF THERE ARE NO CHANGES IN Ntie /eUf Telephone State/ZIP Code ,4 "', THE LAST . REPORTING YEAR. THIS BOX IS LABELED N.C. OF THIS IS THE FIRST TIME YOU HAVE FILED ALL SECTIONS MUST BE COMPLETED. 2. Owner of Operation Mailing Address City rssZ4 /—�. 0 1 N.0 State/Zlf Code Country (if other than U.S.A.) Telephone r 0 , Was this operation purchdsed cling reporting yeawT "` °' =•= '" s_: ❑ Yeg: If yes, date of puirc* hase's No } ' 3. Designated Agent's Name- Mailing Address // City ZIP Code Telephone ' 4. Landowner Assessor's Parcel # N.C. �o C,e. ' - .'r - Telephone Mailing A obress 4o/ ' :_;,•" City/State/ZIP.Code Country (if other than U.S.A.) ell4G� ❑ N.C. 5. SMARA Lead Agency (cityORcounty ONLY) _ Reclamation Plan ❑ Approved on (date) Attach copy with amendments,'conditions,.and PROOF of approval. _ _ :- Pending Submitted to Lead Agency f� ❑ OnAppeal: Submitted to SMGB IF APPLICABLE, INFORMATION REQUIREDINITEMS 6 THROUGH 10. MUST BE PROVIDED FOR EACH SEPARATE^PLOT - - r - 6. ATTACH NAMED U.S..GEOLOGICAL SURVEY MAP -7.5' OR. IS'.QUAD=SHOWING BOUNDARIES OF MINING OPERATION _�M..❑ N.C. Latitude Longi _Section,', Township Range' -.-Base Meridian Quad Name County N.C. 7. Type Code(s) of Mining Operation SES" tqN DISTRIBUTION: White State Yellow—Lead Agency Pink—Operator 92 93995 State of California. '^ .DEPARTMENT OF CONSERVATION • MINING OPERATION ANNUAL REPORT MRRC-2 Page 2 (Revised 4/92) ❑ 8. j'i0KC Alit; HAT 11P N N.C. . ❑ Permitted: Acres & Permit tt ❑ Vested: Acres disturbed prior to January 1, 1976 ❑ Federal Lands: Acres & Permt/ID# 16h'M��` INE 1D# — D .: • g: r-..• - - - ❑ $ Current total assessed value of mining operation as established by County Assessor's Office N.C. 10. Status of Mining Activities DURING THE REPORTING YEAR C.OMPL 5%90 I<)NS A B;;AIVt? A:ONL ,.c X Active ❑ .No longer in operation with no intent to resume. Date mining ceased r. ,❑ ,Newly;Permitted—Noiyet in opQratian,.Date permitted =�' +^ + - --R— --i,�-.----- ':J•' -_a• ❑ Idle (as defined.in Public Resources Cod . §2727.1). Complete the following: Date operation became idle ❑ Copy of Approved Interim Management Plan.attached.' ,w EI Interim Management Plan pending with Lead Agency. Submitted on (date). W,'iT F('�'F 0QF Oi �S,LiAMI%�At� t..B. Number of Acres subject to Reclamation Plan - - Reclamation not started -Reclamation in progress (attach updated reclamation plan map indicating progress)== 4 d ❑ Reclamation -certified complete by Lead Agency (attach certificetiori.) Financial Assurances released - (date) - nz '+C'_'_ Approximate disturbed acreage at beginning of the reporting year 2. Approximate acreage disturbed during the reporting year • .' - _ 4 '_,_ _ 3.(, (ADD LINE 1 TO' LINE 2) 4. Approximate disturbed acreage reclaimed during the reporting year 5.(SUBTRACT LINE 4 FROM LINE 3) Approximate disturbed acreage• remaining at end of reporting _ pp.year. 11 ❑ YES: -Financial Assurances. approved by Lead Agency, Attach copy -and proof of approval Complete below foi'iippio'ved'FinancuWAe3Ur�nces:' ' t =. Amount Type - Date Posted -.Expiration Date or Renewal Date (if applicable) i y NO: Financial Assurances NOT approved by Lead Agency. Check reason below .. ❑ `Financial Assurances pending with Lead Agency. Submitted on ' (date). -TAd{ ❑ Financial Assurances appealed to SMGB. Submitted on (date).1I TI PAOE O S, BtSI T 12 ❑ YES �. NO Inspection completed by Lead Agency during the reporting year �� �'..�3�.1-,- •. - .: .'- � :i ... a ,.' - 'y-. _ .. 1.. t Attach the yellow copy of Surface Mining Inspection Rep6rt"(4RRC-1). If inspection report is not attached, -please •ezplam on Page 4. DISTRIBUTION: White State Yellow—Lead Agency Pink—Operator w 92 93996 State of.California DEPARTMENT OF CONSERVATION MINING OPERATION ANNUAL REPORT MRRC-2 Page 3 -(Revised 4/92) " =4C'M'INE ID# 13. COMMODITIES AND PRODUCTION SEE 8iC38 UR COMMOD(TiE$ AND; UNITS OF,,;MEASk)R PRODUCTION INFORMATION IS PROPRIETARY AND WILL BE KEPT CONFIDENTIAL PURSUANT TO GOVERNMENT CODE SECTION E252 A. PRIMARY COMMODITY PRODUCED BY OPERATION B. LIST ALL OTHER COMMODITIES Commodity (from Exhibit B) P/r %W v Total Production (Units of Measure from Exhibit B only) ' Y4. REPORTING.,FEE " i FEE' SCHEDULE USING B07I4-YOUR CATEGORY. NUMBER AND TOTAL PRODUCTION FROM 13(A) ABOVE, REFER TO EXHIBIT C TO FIND YOUR CORRESPONDING PRODUCTION RANGE. AND FEE -.ENTER YOUR PRODUCTION RANGE CODE IN 14(A) AND CORRESPONDING FEE IN 14(B) BELOW. A. PRODUCTION RANGE CODE ;= B. REPORTING FEE ATTACHED $ � ' SUBMITTED BY: Your Name (Pie Your Mailing Ad City / State % ZIP Your Telephone Number I certify that the information submitted herein is complete and accurate (failure to submit complete and accurate requisite information may result in an ry administrative penalty as_grovided o,r ir%.Publlc Rea rc8 Section,,27741.1)., SIGNATURE OF SUBMITTER DATE am: r +. OWNER ❑ LESSOR ❑ LESSEE ❑ AGENT. ❑ MANAGER ❑ OPERATOR OR ❑ OTHER PERSON (specify title ) Please mail Annual Report, reporting fee'and ALL required attachments to: DEPARTMENT OF CONSERVATION Office of ~Mine Reporting •and Reclamation Compliance ;. 801 K Street, MS 09-06 - Sacramento, •CA 95814-3500 DISTRIBUTION: White—State Yellow—Lead Agency Pink—Operator 92 93W7 Check here Category if No Number Production (from for a Exhibit B) commodity P/r %W v Total Production (Units of Measure from Exhibit B only) ' Y4. REPORTING.,FEE " i FEE' SCHEDULE USING B07I4-YOUR CATEGORY. NUMBER AND TOTAL PRODUCTION FROM 13(A) ABOVE, REFER TO EXHIBIT C TO FIND YOUR CORRESPONDING PRODUCTION RANGE. AND FEE -.ENTER YOUR PRODUCTION RANGE CODE IN 14(A) AND CORRESPONDING FEE IN 14(B) BELOW. A. PRODUCTION RANGE CODE ;= B. REPORTING FEE ATTACHED $ � ' SUBMITTED BY: Your Name (Pie Your Mailing Ad City / State % ZIP Your Telephone Number I certify that the information submitted herein is complete and accurate (failure to submit complete and accurate requisite information may result in an ry administrative penalty as_grovided o,r ir%.Publlc Rea rc8 Section,,27741.1)., SIGNATURE OF SUBMITTER DATE am: r +. OWNER ❑ LESSOR ❑ LESSEE ❑ AGENT. ❑ MANAGER ❑ OPERATOR OR ❑ OTHER PERSON (specify title ) Please mail Annual Report, reporting fee'and ALL required attachments to: DEPARTMENT OF CONSERVATION Office of ~Mine Reporting •and Reclamation Compliance ;. 801 K Street, MS 09-06 - Sacramento, •CA 95814-3500 DISTRIBUTION: White—State Yellow—Lead Agency Pink—Operator 92 93W7 State of California DEPARTMENT OF CONSERVATIOO MINING OPERATION ANNUAL "REPORT MRRC-2 Page 4 (Revised 4/92) r9 r MINE ID# IAI r �10 ci - J. ( L ' - u .�- ...,..a;;s..•v .Y< •h. Rf�' �' t . I. i i t i:.` an�',4 c ! t. •1 �� .. CA", ' DISTRIBUTION: White State Yellow—Lead Agency .^ Pink—Operator n mwe COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION 7 County Drive r Oroville, CA 95965-3397 >rTUR '0� SENDER REASON CHECKED �itPa. ed Refused® Addressee unbv*:L A _ fnsw%tie& ofti1= br � Ott rsrtatll y,, was:AH"P H W4 0 -ow U.S.POSTAt F M� FEB 15'96 ,i , l dW 1 `11► D.B. ►lE7Efl V PL 6801451 o; " L: 025.130 034034 000 STATUS ACTIVE .STATE OF CALIFORNIA _ P/4nnin DEPT WATER RESOURCES—RT 8 Dlvisbn 1 BOX 3BA BI FEB 2 0 BIGGS CA 95917 i ... .��.,: �� BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby. -given by the Butte County Planning Commission that public hearings will be held on Thursday, April 25, 1996, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item at the following time: 9:00 a.m. - Roy La Fever Violation of Public Resources Code Section 2774.1(a) regarding surface mining for La Fever Top Soil. An order has been issued by Public Works under Butte County Code Section 13-116(b)(1) which indicates that a Mining and Reclamation Use Permit is required for La Fever Top Soils. The Butte County Planning Commission under Section 13-104 of Article 11, of the Butte County Code, is holding a public hearing to affirm the finding of the Butte County Public Works Department. The above mentioned file is available for public viewing at the office of the Butte County Planning Department, 7 County Center Drive, Oroville, California. Comments may be submitted in writing any time prior to the hearing or orally at the meeting listed above or as continued to a later date. If you challenge the above applications in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION BARRY K. HOGAN, PLANNING MANAGER To be published in the Oroville Mercury on Thursday, February 22, 1996..` BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby. -given by the Butte County Planning Commission that public hearings will be held on Thursday, April 25, 1996, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item at the following time: 9:00 a.m. - Roy La Fever - Violation of Public Resources Code Section 2774.1(a) regarding surface mining for La Fever Top Soil. An order has been issued by Public Works under Butte County Code Section 13-116(b)(1) which indicates that a Mining and Reclamation Use Permit is required for La Fever Top Soils. The Butte County Planning Commission under Section 13-104 of Article II, of the Butte County Code, is holding a public hearing to affirm the finding of the Butte County Public Works Department. The above mentioned file is available for public viewing at the office of the Butte County Planning Department, 7 County Center Drive, Oroville, California.. Comments may be submitted in writing any time prior to the hearing or orally at the meeting listed above or as continued to a later date. If you challenge the above applications in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION BARRY K. HOGAN, PLANNING MANAGER To be published in the Oroville Mercury on Thursday, February 22, 1996. ` � c BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby. -given by the Butte County Planning Commission that public hearings will be held on Thursday, April 25, 1996, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item at the following time: 9:00 a.m. - Roy La Fever - Violation of Public Resources Code Section 2774.1(a) regarding surface mining for La Fever Top Soil. An order has been issued by Public Works under Butte County Code Section 13-116(b)(1) which indicates that a Mining and Reclamation Use Permit is required for La Fever Top Soils. The Butte County Planning Commission under Section 13-104 of Article II, of the Butte County Code, is holding a public hearing to affirm the finding of the Butte County Public Works Department. The above mentioned file is available for public viewing at the office of the Butte County Planning Department, 7 County Center Drive, Oroville, California. Comments may be submitted in writing any time prior to the hearing or orally at the meeting listed above or as continued to a later date. If you challenge the above applications in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or' in written correspondence delivered to I the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION BARRY K. HOGAN, PLANNING MANAGER To be published in the Oroville Mercury on Thursday, February 22,' 1996. 000NTY'OF•BUTTE DEPARTMENT OF DEVELOPMENT- SERVICES PLANNING DIVISION „/t U.S.POS1AGf -' 7County Drive r;: FED 15'96 % �! �, Z. i Oroville; CA 9596513397 d� -0 •2 7 4 «i BUTTE COUNTY FEB 2 01996 " D 8. M E i ER s; SOCIALSERVICES -` CA 68014�i M �: L: Q�25 160 OE33� 000 , .STATUS: ACTIVE _ y ' ALLEN LAURA A . V .2491...HWY. 74Jj,, c° 41. �_ _r_o 95.9.6.5 OROV T"''^ . 5 •-� ALLE491 959651076 1A95,02/17/96 .,.,.„ RETURN TO SENDER ALLEN,' LAURA,- t CtP t �• t ?'!_ + , MOVED `LEFTMNOnADDRE55�_ f+trtca;s,.• e. tt- rC »v.� .r. -. UNABLE TO FORWARD a + RETURN TO SENDER 11 t11 11 11 ill II 11 If- - ��••Z _'•� •�' �•yp �:r - 111 11111 !1 11 111 I11 111 11111 1 3 AGENDA ITEM AGENDA REPORT TO: Honorable Chair and Planning Com fission FROM: Barry K. Hogan, Planning Manager , DATE: February 26, 1996 REQUEST: Roy La Fever- Violation of Pub esources Code Section 2774.1(a) regarding surface mining for La Fever Top Soil: An order has been issued by the Departement of Public Works under Butte County Code Section 13-166(b)(1) which indicates that a Mining and Reclamation Use Permit is required for La Fever Top Soils. The Butte County Planning Commission under Section 13-104 of Article II, of the Butte County Code is holding a public hearing to affirm the finding of the Butte County Public Works Department. RELATED ITEMS: None FOR: Planning Commission Meeting of April 25, 1996 Summary: The subject site is located approximately one half mile south of Powerhouse Hill Road on the west side of Highway 70. The property is also identified as Asessor Parcel Number 025-160-031. Under the requirements of Chapter 13 the Public Works Director has determined that La Fever Top Soil is a mining operation and, therefore, subject to the requirement to obtain a Mining and Reclamation Use Permit. Mr. La Fever has been notified of the Public Works Director's findings and does not concur. Section 13-104 requires that a public hearing be held by the Planning Commission to affirm the finding of the Public Works Director. ANALYSIS: Article II Surface Mining and Reclamation of the Butte County Code, Sections 13.101 et. seq. specify the requirements for surface mining and reclamation for operations that are defined as mining in Butte County. Specifically, surface mining operations are defined as follows: All, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open pit miniing of minerals naturally exposed, mining by the auger method, dredging and quarring, borrow pitting, stream bed skimming, and segregation or stock -piling of mined materials (and recovery of the same), or surface work incident to an underground mine. Surface mining operations shall include, but are not limited to: (a) In-place distillation, retroting or leaching. (b) The production and disposal of mining waste. (c) Prospecting and exploratory activities. The Director of Public Works has found that the La Fever Top Soil operation is a mining activity. It has also been found that the activity is occuring without the benefit of a Mining and Reclamation Use Permit as required by the Butte County Code. Mr. Le Fever has been notified of the finding of the Director and has not complied by applying for a Mining and Reclamation Use Permit. The Planning staff concurs with the findings of the Director. The Planning Commission is asked to affirm the findings of the Director of Public Works that La Fever Top Soil is a mining operation and is subject to Chapter 13 of the Butte County Code. By making this finding Mr. La Fever, by the requirements of the Butte County Code Chapter 13 must immediately cease his operation and obtain the required Mining and Reclamation Use Permit. ■ Butte County Department of Development Services - Planning Division ■ ►_LcI=1.197_1111=1„' ENVIRONMENTAL DOCUMENTATION: This action is not defined as a project and is therefore, not subject to the California Environmental Quality Act. PUBLIC NOTICE AND COMMENTS: This action requires that a public hearing be held. Notices of the hearing will be mailed to the property owners within 300 feet of the exterior boundaries of the subject property and has been advertised in the Oroville Mercury. At the time of this report no publiic coments have been received. RECOMMENDATION: It is recommended that the Planning Commission affirm the decision of the Public Works Director establishing La Fever Top Soils as a mining operation subject to the requirement of a Mining and Reclamation Use Permit. Attachments: A. Vicinity Map B. November 8, 1995 Letter to Mr. La Fever k:\projects\lafever.vio\lafever.rpt ■ Butte County Department of Development Services - Planning Division ■ 2 Mr. Roy La Fever LaFever Topsoil, Etc. 2603 Highway 70 Oroville, CA 95965 Re: Mining Permit - CA Mine ID #91-04-0016 Dear Mr. La Fever: Thank you for meeting with me to discuss my June 15, 1995 letter and to show me around your property. During our conversation, you stated that your operation did not fall under the provisions of the California Surface Mining and Reclamation Act of 1975 (SMARA). I have yet to complete an exhaustive search of that Act to ascertain your claim, however, it is clear to me that your operation does fall under County Code Article II, Surface Mining and Reclamation. I have attached that section of the County Code. Section 13-104 of Article II requires any person, ...., who proposes to engage in surface mining operation as defined in this article, shall submit and application for a mining permit, reclamation plan, and use permit if the zone requires, to the County Department of Development Services, Planning Division. "Surface mining operations" is defined in Section 13-102 of Article II as the process involved in the mining of minerals on mined lands. "Minerals" is defined in the same section as any naturally occurring chemical element or compound or groups of elements and compounds, formed from inorganic processes and organic substances, including but not limited to sand, gravel, aggregate .... Therefore, it is my determination that you are not in compliance with the provisions of Article II Surface Mining and Reclamation. You are further noticed that you have 30 days to comply with County Code by submitting an application for a mining permit with a reclamation plan to the County Department of Development Services - Planning Division within 30 days. Very truly yours, L Mike Crump Director of Public Works MC: jg enc. CC: Steve Hackey, Development Services - Planning Cam Downey, Office of Mine Reclamation t fount u to . s DEPARTMENT OF PUBLIC WORKS J. MICHAEL CRUMP, Director 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965 TELEPHONE: (916) 538-7681 FAX: (916) 538-2140 RONALD D. McELROY Assistant Directs November 8, 1995 Mr. Roy La Fever LaFever Topsoil, Etc. 2603 Highway 70 Oroville, CA 95965 Re: Mining Permit - CA Mine ID #91-04-0016 Dear Mr. La Fever: Thank you for meeting with me to discuss my June 15, 1995 letter and to show me around your property. During our conversation, you stated that your operation did not fall under the provisions of the California Surface Mining and Reclamation Act of 1975 (SMARA). I have yet to complete an exhaustive search of that Act to ascertain your claim, however, it is clear to me that your operation does fall under County Code Article II, Surface Mining and Reclamation. I have attached that section of the County Code. Section 13-104 of Article II requires any person, ...., who proposes to engage in surface mining operation as defined in this article, shall submit and application for a mining permit, reclamation plan, and use permit if the zone requires, to the County Department of Development Services, Planning Division. "Surface mining operations" is defined in Section 13-102 of Article II as the process involved in the mining of minerals on mined lands. "Minerals" is defined in the same section as any naturally occurring chemical element or compound or groups of elements and compounds, formed from inorganic processes and organic substances, including but not limited to sand, gravel, aggregate .... Therefore, it is my determination that you are not in compliance with the provisions of Article II Surface Mining and Reclamation. You are further noticed that you have 30 days to comply with County Code by submitting an application for a mining permit with a reclamation plan to the County Department of Development Services - Planning Division within 30 days. Very truly yours, L Mike Crump Director of Public Works MC: jg enc. CC: Steve Hackey, Development Services - Planning Cam Downey, Office of Mine Reclamation I e M-2 U OFC U 025-160-031 A-5 y 1: OFC (Zone in blac GPinRed s �w AGENDA ITEM AGENDA REPORT TO: Honorable Chair and Planning Com ission FROM: Barry K. Hogan, Planning Manager DATE: February 26, 1996 REQUEST: Roy La Fever- Violation of Pub esources Code Section 2774.1(a) regarding surface mining for La Fever Top Soil: An order has been issued by the Departement of Public Works under Butte County Code Section 13-166(b)(1) which indicates that a Mining and Reclamation Use Permit is required for La Fever Top Soils. The Butte County Planning Commission under Section 13-104 of Article II, of the Butte County Code is holding a public hearing to affirm the finding of the Butte County Public Works Department. RELATED ITEMS: None FOR: Planning Commission Meeting of April 25, 1996 Summary: The subject site is located approximately one half mile south of Powerhouse Hill Road on the west side of Highway 70. The property is also identified as Asessor Parcel Number 025-160-031. Under the requirements of Chapter 13 the Public Works Director has determined that La Fever Top Soil is a mining operation and, therefore, subject to the requirement to obtain a Mining and Reclamation Use Permit. Mr. La Fever has been notified of the Public Works Director's findings and does not concur. Section 13-104 requires that a public hearing be held by the Planning Commission to affirm the finding of the Public Works Director. t ANALYSIS: Article II Surface Mining and Reclamation of the Butte County Code, Sections 13.101 et. seq. specify the requirements for surface mining and reclamation for operations that are defined as mining in Butte County. Specifically, surface mining operations are defined as follows: All, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open pit miniing of minerals naturally exposed, mining by the auger method, dredging and quarring, borrow pitting, stream bed skimming, and segregation or stock -piling of mined materials (and recovery of the same), or surface work incident to an underground mine. Surface mining operations shall include, but are not limited to: (a) In-place distillation, retroting or leaching. (b) The production and disposal of mining waste. (c) Prospecting and exploratory activities. The Director of Public Works has found that the La Fever Top Soil operation is a mining activity. It has also been found that the activity is occuring without the benefit of a Mining and Reclamation Use Permit as required by the Butte County Code. Mr. Le Fever has been notified of the finding of the Director and has not complied by applying for a Mining and Reclamation Use Permit. The Planning staff concurs with the findings of the Director. The Planning Commission is asked to affirm the findings of the Director of Public Works that La Fever Top Soil is a mining operation and is subject to Chapter 13 of the Butte County Code. By making this finding Mr. La Fever, by the requirements of the Butte County Code Chapter 13 must immediately cease his operation and obtain the required Mining and Reclamation Use Permit. ■ Butte County Department of Development Services - Planning Division ■ 1 AGENDA ITEM ENVIRONMENTAL DOCUMENTATION: This action is not defined as a project and is therefore, not subject to the California Environmental Quality Act. PUBUC NOTICE AND COMMENTS: This action requires that a public hearing be held. Notices of the hearing will be mailed to the property owners within 300 feet of the exterior boundaries of the subject property and has been advertised in the Oroville Mercury. At the time of this report no publiic coments have been received. RECOMMENDATION: It is recommended that the Planning Commission affirm the decision of the Public Works Director establishing La Fever Top Soils as a mining operation subject to the requirement of a Mining and Reclamation Use Permit. Attachments: A. Vicinity Map B. November 8, 1995 Letter to Mr. La Fever k:\projects\lafever.vio\lafever.rpt ■ Butte County Department of Development Services - Planning Division ■ 2 Mr. Roy La Fever LaFever Topsoil, Etc. 2603 Highway 70 Oroville, CA 95965 Re: Mining Permit - CA Mine ID #91-04-0016 Dear Mr. La Fever. Thank you for meeting with me to discuss my June 15, 1995 letter and to show me around your property. During our conversation, you stated that your operation did not fall under the provisions of the California Surface Mining and Reclamation Act of 1975 (SMARA). I have yet to complete an exhaustive search of that Act to ascertain your claim, however, it is clear to me that your operation does fall under County Code Article II, Surface Mining and Reclamation. I have attached that section of the County Code. Section 13-104 of Article II requires any person, ...., who proposes to engage in surface mining operation as defined in this article, shall submit and application for a mining permit, reclamation plan, and use permit if the zone requires, to the County Department of Development Services, Planning Division. "Surface mining operations" is defined in Section 13-102 of Article II as the process involved in the mining of minerals on mined lands. "Minerals" is defined in the same section as any naturally occurring chemical element or compound or groups of elements and compounds, formed from inorganic processes and organic substances, including but not limited to sand, gravel, aggregate .... Therefore, it is my determination that you are not in compliance with the provisions of Article II Surface Mining and Reclamation. You are further noticed that you have 30 days to comply with County Code by submitting an application for a mining permit with a reclamation plan to the County Department of Development Services - Planning Division within 30 days. , Very truly yours, r-� Mike Crump Director of Public Works MC: jg enc. CC: Steve Hackey, Development Services - Planning Cam Downey, Office of Mine Reclamation t e fount ui . _ - _ .A_7r. -. 3EAUT'ti' DEPARTMENT OF PUBLIC WORKS J. MICHAEL CRUMP, Director 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965 TELEPHONE: (916) 538-7681 FAX: (916) 538-2140 RONALD D. McELROY Assistant Director November 8, 1995 Thank you for meeting with me to discuss my June 15, 1995 letter and to show me around your property. During our conversation, you stated that your operation did not fall under the provisions of the California Surface Mining and Reclamation Act of 1975 (SMARA). I have yet to complete an exhaustive search of that Act to ascertain your claim, however, it is clear to me that your operation does fall under County Code Article II, Surface Mining and Reclamation. I have attached that section of the County Code. Section 13-104 of Article II requires any person, ...., who proposes to engage in surface mining operation as defined in this article, shall submit and application for a mining permit, reclamation plan, and use permit if the zone requires, to the County Department of Development Services, Planning Division. "Surface mining operations" is defined in Section 13-102 of Article II as the process involved in the mining of minerals on mined lands. "Minerals" is defined in the same section as any naturally occurring chemical element or compound or groups of elements and compounds, formed from inorganic processes and organic substances, including but not limited to sand, gravel, aggregate .... Therefore, it is my determination that you are not in compliance with the provisions of Article II Surface Mining and Reclamation. You are further noticed that you have 30 days to comply with County Code by submitting an application for a mining permit with a reclamation plan to the County Department of Development Services - Planning Division within 30 days. , Very truly yours, r-� Mike Crump Director of Public Works MC: jg enc. CC: Steve Hackey, Development Services - Planning Cam Downey, Office of Mine Reclamation I ■ o F Pi OFC U 025-160-031 A-5 OFC Zone in bla GPinRed w AGENDA ITEM AGENDA REPORT TO: Honorable Chair and Planning ComMission FROM: Barry K. Hogan, Plannin=urces DATE: February 26, 1996 REQUEST: Roy La Fever- Violation Code Section 2774.1(a) regarding surface mining for La Fever Top Soil: An order has been issued by the Departement of Public Works under Butte County Code Section 13-166(b)(1) which indicates that a Mining and Reclamation Use Permit is required for La Fever Top Soils. The Butte County Planning. Commission under Section 13-104 of Article II, of the Butte County Code is holding a public hearing to affirm the finding of the Butte County Public Works Department. RELATED ITEMS: None FOR: Planning Commission Meeting of April 25, 1996 Summary: The subject site is located approximately one half mile south of Powerhouse Hill Road on the west side of Highway 70. The property is also identified as Asessor Parcel Number 025-160-031. Under the requirements of Chapter 13 the Public Works Director has determined that La Fever Top Soil is a mining operation and, therefore, subject to the requirement to obtain a Mining and Reclamation Use Permit. Mr. La Fever has been notified of the Public Works Director's findings and does not concur. Section 13-104 requires that a public hearing be held by the Planning Commission to affirm the finding of the Public Works Director. ANALYSIS: Article II Surface Mining and Reclamation of the Butte County Code, Sections 13.101 et. seq. specify the requirements for surface mining and reclamation for operations that are defined as mining in Butte County. Specifically, surface mining operations are defined as follows: All, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open pit miniing of minerals naturally exposed, mining by the auger method, dredging and quarring, borrow pitting, stream bed skimming, and segregation or stock -piling of mined materials (and recovery of the same), or surface work incident to an underground mine. Surface mining operations shall include, but are not limited to: (a) In-place distillation, retroting or leaching. (b) The production and disposal of mining waste. (c) Prospecting and exploratory activities. The Director of Public Works has found that the La Fever Top Soil operation is a mining activity. It has also been found that the activity is occuring without the benefit of a Mining and Reclamation Use Permit as required by the Butte County Code. Mr. Le Fever has been notified of the finding of the Director and has not complied by applying for a Mining and Reclamation Use Permit. The Planning staff concurs with the findings of the Director. The Planning Commission is asked to affirm the findings of the Director of Public Works that La Fever Top Soil is a mining operation and is subject to Chapter 13 of the Butte County Code. By making this finding Mr. La Fever, by the requirements of the Butte County Code Chapter 13 must immediately cease his operation and obtain the required Mining and Reclamation Use Permit. ■ Butte County Department of Development Services - Planning Division ■ i C, AGENDA ITEM ENVIRONMENTAL DOCUMENTATION: This action is not defined as a project and is therefore, not subject to the California Environmental Quality Act. PUBLIC NOTICE AND COMMENTS: This action requires that a public hearing be held. Notices of the hearing will be mailed to the property owners within 300 feet of the exterior boundaries of the subject property and has been - advertised in the Oroville Mercury. At the time of this report no publiic coments have been received. ' RECOMMENDATION: It is recommended that the Planning Commission affirm the decision of the Public Works Director establishing La Fever Top Soils as a mining, operation subject to the requirement of a Mining and Reclamation # Use Permit. Attachments: A. Vicinity Map B. November 8, 1995 Letter to Mr. La Fever k:\projectsMafever.vio\lafever.rpt ■ Butte County Department of Development Services - Planning Division ■ 2 h t Count DEPARTMENT OF PUBLIC WORKS J. MICHAEL CRUMP, Director - 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965 TELEPHONE: (916) 538-7681 FAX: (916) 538-2140 r , RONALD D. McELROY ,A Assistant Director November 8, 1995 Mr. Roy La Fever LaFever Topsoil, Etc. 2603 Highway 70 Oroville, CA 95965 Re: Mining Permit - CA Mine ID #91-04-0016 Dear Mr. La Fever. Thank you for meeting with me to discuss my June 15, 1995 letter and to show me around your property. During our conversation, you stated that your operation did not fall under the provisions of the California Surface Mining and Reclamation Act of 1975 (SMARA). I have yet to complete an exhaustive search of that Act to ascertain your claim, however, it is clear to me that your operation does fall under County Code Article II, Surface Mining and Reclamation. I have attached that section of the County Code. Section 13-104 of Article II requires any person, ...., who proposes to engage in surface mining operation as defined in this article, shall submit and application for a mining permit, reclamation plan, and use permit if the zone , requires, to the County Department of Development Services, Planning Division. "Surface mining operations" is defined in Section 13-102 of Article II as the process involved in the mining• of minerals on mined lands. "Minerals" is defined in the same section as any naturally occurring chemical element or compound or groups of elements and compounds, formed from inorganic processes and organic substances, including but not limited to sand, gravel, aggregate .... Therefore, it is my determination that you are not in compliance with the provisions of Article II Surface Mining and Reclamation. You are further noticed that you have 30 days to comply with County Code by submitting an application for a mining permit with a reclamation plan to the County Department of Development Services - Planning Division within 30 days. Very truly yours,' r-� L Mike Crump Director of Public Works, MC: jg _ enc. CC: Steve Hackey, Development Services - Planning Cam Downey, Office of Mine Reclamation WO -7j 025-160-031 U .. R. AGENDA ITEM AGENDA REPORT TO: Honorable Chair and Planning Comraission FROM: Barry K. Hogan, Planning Manager DATE: February 26, 1996 REQUEST: Roy La Fever- Violation of Pub esources Code Section 2774.1(a) regarding surface mining for La Fever Top Soil: An order has been issued by the Departement of Public Works under Butte County Code Section 13-166(b)(1) which indicates that a Mining and Reclamation Use Permit is required for La Fever Top Soils. The Butte County Planning Commission under Section 13-104 of Article ll, of the Butte County Code is holding a public hearing to affirm the finding of the Butte County Public Works Department. RELATED ITEMS: None FOR: Planning Commission Meeting of April 25, 1996 Summary: The subject site is located approximately one half mile south of Powerhouse Hill Road on the west side of Highway 70. The property is also identified as Asessor Parcel Number 025-160-031. Under the requirements of Chapter 13 the Public Works Director has determined that La Fever Top Soil is a mining operation and, therefore, subject to the requirement to obtain a Mining and Reclamation Use Permit. Mr. La Fever has been notified of the Public Works Director's findings and does not concur. Section 13-104 requires that a public hearing be held by the Planning Commission to affirm the finding of the Public Works Director. ANALYSIS: Article II Surface Mining and Reclamation of the Butte County Code, Sections 13.101 et. seq. specify the requirements for surface mining and reclamation for operations that are defined as mining in Butte County. Specifically, surface mining operations are defined as follows: All, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open pit miniing of minerals naturally exposed, mining by the auger method, dredging and quarring, borrow pitting, stream bed skimming, and segregation or stock -piling of mined materials (and recovery of the same), or surface work incident to an underground mine. Surface mining operations shall include, but are not limited to: (a) In-place distillation, retroting or leaching. (b) The production and disposal of mining waste. (c) Prospecting and exploratory activities. The Director of Public Works has found that the La Fever Top Soil operation is a mining activity. It has also been found that the activity is occuring without the benefit of a Mining and Reclamation Use Permit as required by the Butte County Code. Mr. Le Fever has been notified of the finding of the Director and has not complied by applying for a Mining and Reclamation Use Permit. The Planning staff concurs with the findings of the Director. The Planning Commission is asked to affirm the findings of the Director of Public Works that La Fever Top Soil is a mining operation and is subject to Chapter 13 of the Butte County Code. By making this finding Mr. La Fever, by the requirements of the Butte County Code Chapter 13 must immediately cease his operation and obtain the required Mining and Reclamation Use Permit. ■ Butte County Department of Development Services - Planning Division ■ AGENDA ITEM ENVIRONMENTAL DOCUMENTATION: This action is not defined as a project and is therefore, not subject to the California Environmental Quality Act. PUBLIC NOTICE AND COMMENTS: This action requires that a public hearing be held. Notices of the hearing will be mailed to the property owners within 300 feet of the exterior boundaries of the subject property and has been advertised in the Oroville Mercury. At the time of this report no publiic coments have been received. n RECOMMENDATION: It is recommended that the Planning Commission affirm the decision of the Public Works Director establishing La Fever Top Soils as a mining operation subject to the requirement of a Mining and Reclamation Use Permit. Attachments: A. Vicinity Map B. November 8, 1995 Letter to Mr. La Fever k:\projects\lafever.vioVafever.rpt ■ Butte County Department of Development Services - Planning Division ■ 2 Mr. Roy La Fever LaFever Topsoil, Etc. 2603 Highway 70 Oroville, CA 95965 Re: Mining Permit - CA Mine ID #91-04-0016 Dear Mr. La Fever: Thank you for meeting with me to discuss my June 15, 1995 letter and to show me around your property. During our conversation, you stated that your operation did not fall under the provisions of the California Surface Mining and Reclamation Act of 1975 (SMARA). I have yet to complete an exhaustive search of that Act to ascertain your claim, however, it is clear to me that your operation does fall under County Code Article II, Surface Mining and Reclamation. I have attached that section of the County Code. Section 13-104 of Article II requires any person, ..... who proposes to engage in surface mining operation as defined in this article, shall submit and application for a mining permit, reclamation plan, and use permit if the zone requires, to the County Department of Development Services, Planning Division. "Surface mining operations" is defined in Section 13-102 of Article II as the process involved in the mining of minerals on mined lands. "Minerals" is defined in the same section as any naturally occurring chemical element or compound or groups of elements and compounds, formed from inorganic processes and organic substances, including but not limited to sand, gravel, aggregate .... Therefore, it is my determination that you are not in compliance with the provisions of Article II Surface Mining and Reclamation. You are further noticed that you have 30 days to comply with County Code by submitting an application for a mining permit with a reclamation plan to the County Department of Development Services - Planning Division within 30 days. Very truly yours, �- L Mike Crump Director of Public Works MC: jg enc. CC: Steve Hackey, Development Services - Planning Cam Downey, Office of Mine Reclamation ne fount :. DEPARTMENT OF PUSUC WORKS J. MICHAEL CRUMP, Director 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965 TELEPHONE: (916) 538-7681 FAX: (916) 538-2140 RONALD D. McELROY Assistant DkWoi November 8, 1995 Mr. Roy La Fever LaFever Topsoil, Etc. 2603 Highway 70 Oroville, CA 95965 Re: Mining Permit - CA Mine ID #91-04-0016 Dear Mr. La Fever: Thank you for meeting with me to discuss my June 15, 1995 letter and to show me around your property. During our conversation, you stated that your operation did not fall under the provisions of the California Surface Mining and Reclamation Act of 1975 (SMARA). I have yet to complete an exhaustive search of that Act to ascertain your claim, however, it is clear to me that your operation does fall under County Code Article II, Surface Mining and Reclamation. I have attached that section of the County Code. Section 13-104 of Article II requires any person, ..... who proposes to engage in surface mining operation as defined in this article, shall submit and application for a mining permit, reclamation plan, and use permit if the zone requires, to the County Department of Development Services, Planning Division. "Surface mining operations" is defined in Section 13-102 of Article II as the process involved in the mining of minerals on mined lands. "Minerals" is defined in the same section as any naturally occurring chemical element or compound or groups of elements and compounds, formed from inorganic processes and organic substances, including but not limited to sand, gravel, aggregate .... Therefore, it is my determination that you are not in compliance with the provisions of Article II Surface Mining and Reclamation. You are further noticed that you have 30 days to comply with County Code by submitting an application for a mining permit with a reclamation plan to the County Department of Development Services - Planning Division within 30 days. Very truly yours, �- L Mike Crump Director of Public Works MC: jg enc. CC: Steve Hackey, Development Services - Planning Cam Downey, Office of Mine Reclamation lz 1-2 I OF A U 025-160-031 ;e Hill Roa i I OR OFC Zone in bla GPinRed AGENDA ITEM AGENDA REPORT TO: Honorable Chair and Planning Com fission FROM: Barry K. Hogan, Planning Manager DATE: February 26, 1996 REQUEST: Roy La Fever- Violation of Pub esources Code Section 2774.1(a) regarding surface mining for La Fever Top Soil: An order has been issued by the Departement of Public Works under Butte County Code Section 13-166(b)(1) which indicates that a Mining and Reclamation Use Permit is required for La Fever Top Soils. The Butte County Planning Commission under Section 13-104 of Article II, of the Butte County Code is holding a public hearing to affirm the finding of the Butte County Public Works Department. RELATED ITEMS: None FOR: Planning Commission Meeting of April 25, 1996 Summary: The subject site is located approximately one half mile south of Powerhouse Hill Road on the west side of Highway 70. The property is also identified as Asessor Parcel Number 025-160-031. Under the requirements of Chapter 13 the Public Works Director has determined that La Fever Top Soil is a mining operation and, therefore, subject to the requirement to obtain a Mining and Reclamation Use Permit. Mr. La Fever has been notified of the Public Works Director's findings and does not concur. Section 13-104 requires that a public hearing be held by the Planning Commission to affirm the finding of the Public Works Director. ANALYSIS: Article II Surface Mining and Reclamation of the Butte County Code, Sections 13.101 et. seq. specify the requirements for surface mining and reclamation for operations that are defined as mining in Butte County. Specifically, surface mining operations are defined as follows: All, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open pit miniing of minerals naturally exposed, mining by the auger method, dredging and quarring, borrow pitting, stream bed skimming, and segregation or stock -piling of mined materials (and recovery of the same), or surface work incident to an underground mine. Surface mining operations shall include, but are not limited to: (a) In-place distillation, retroting or leaching. (b) The production and disposal of mining waste. (c) Prospecting and exploratory activities. The Director of Public Works has found that the La Fever Top Soil operation is a mining activity. It has also been found that the activity is occuring without the benefit of a Mining and Reclamation Use Permit as required by the Butte County Code. Mr. Le Fever has been notified of the finding of the Director and has not complied by applying for a Mining and Reclamation Use Permit. The Planning staff concurs with the findings of the Director. The Planning Commission is asked to affirm the findings of the Director of Public Works that La Fever Top Soil is a mining operation and is subject to Chapter 13 of the Butte County Code. By making this finding Mr. La Fever, by the requirements of the Butte County Code Chapter 13 must immediately cease his operation and obtain the required Mining and Reclamation Use Permit. ■ Butte County Department of Development Services - Planning Division ■ R AGENDA ITEM ENVIRONMENTAL DOCUMENTATION: This action is not defined as a project and is therefore, not subject to the California Environmental Quality Act. PUBUC NOTICE AND COMMENTS: This action requires that a public hearing be held. Notices of the hearing will be mailed to the property owners within 300 feet of the exterior boundaries of the subject property and has been advertised in the Oroville Mercury. At the time of this report no publiic coments have been received. RECOMMENDATION: It is recommended that the Planning Commission affirm the decision of the Public Works Director establishing La Fever Top Soils as a mining operation subject to the requirement of a Mining and Reclamation Use Permit. Attachments: A. Vicinity Map B. November 8, 1995 Letter to Mr. La Fever k:\projects\lafever.vio\Jafever.rpt ■ Butte County Department of Development Services - Planning Division ■ ' 2 = fount �• t . . u to •��... : .::.':. _. _ DEPARTMENT OF PUSUC WORKS J. MICHAEL CRUMP, Director 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965 TELEPHONE: (916) 538-7681 FAX: (916) 538-2140 RONALD D. McELROY Assistant Director November 8, 1995 Mr. Roy La Fever LaFever Topsoil, Etc. 2603 Highway 70 Oroville, CA 95965 Re: Mining Permit - CA Mine ID #91-04-0016 Dear Mr. La Fever: Thank you for meeting with me to discuss my June 15, 1995 letter and to show me around your property. During our conversation, you stated that your operation did not fall under the provisions of the California Surface Mining and Reclamation Act of 1975 (SMARA). I have yet to complete an exhaustive search of that Act to ascertain your claim, however, it is clear to me that your operation does fall under County Code Article II, Surface Mining and Reclamation. I have attached that section of the County Code. Section 13-104 of Article II requires any person, ...., who proposes to engage in surface mining operation as defined in this article, shall submit and application for a mining permit, reclamation plan, and use permit if the zone requires, to the County Department of Development Services, Planning Division. "Surface mining operations" is defined in Section 13-102 of Article II as the process involved in the mining of minerals on mined lands. "Minerals" is defined in the same section as any naturally occurring chemical element or compound or groups of elements and compounds, formed from inorganic processes and organic substances, including but not limited to sand, gravel, aggregate .... Therefore, it is my determination that you are not in compliance with the provisions of Article II Surface Mining and Reclamation. You are further noticed that you have 30 days to comply with County Code by submitting an application for a mining permit with a reclamation plan to the County Department of Development Services - Planning Division within 30 days. Very truly yours, L Mike Crump Director of Public Works ,r MC: jg enc. 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