HomeMy WebLinkAbout041-080-027 (11)0U.,10 Co., im,umy k:orrun,
•' 1 I ...'� �' �� 1982
Tc: Planning Board Orovill�, CdGforala
Attention: Nina Lambert, Mike, Schroder, Frank Sennett,, Rae. Wheeler, Ron -Max
Bettye Blair
Subject: Mining. Operations proposed by R. Logan/Dry Creek Road
Ile the undersigned are property owners 'on Dry. creek Road.
.To. preserie and Insure the continued integrity and natural balance of the
enyiornmental elements of the Dry Creek 'Road Canyon, it Is requested the plAnning
board, prior to any decision regarding the issuance of. a ..mining permit' require that
Mr. 'Ronald R. Logan of Dry '-.reek.. Road ,to provide the board:
1. a,properly documented and filed ,CIR report.
2) a properly documented and filed Fish and Game report.
.3) other necessary reports and filings which my be supplementary or c.iginal
in content that pertain to practices essential to quality mining operations
compatible with the Dry Creek Road area.
4) Sufficient bonding to indemnify. for any financial losses sustained by local
property owners ' due to mining activities.
Supplementary concerns. are enclosed, amplifying. issues we feel must be properly
addressed.
4. ,.." This request is not filed out of prejudice. It Is.the position of all the undersigned, that
we ;do.. not wish to prohibit the 'commercial interest of Mr. Logan. However; it is of
equaliinterest to us, that Mr. Logan's pursuits are within defined limits which guarantee
the value of local property and preserve the quality of life style within the area.
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The following are specific areas of concern:
L. Water SUDOly and Control
a. Dry Creek flow must be.:guaranteed silt free from mining debries
1.. Settling.. ponds -must be above 100 .year flood height level. At
present -they are not but rather about 12 feet above stream level.
2. All drainage coming from any part of his workings must not empty
directly into. stream but into ;set.tling pond.
b::. 'No blasting into the formation.from which all springs eminate. This could
result in blockage of natural flow in the formation, cutting off spring flow
below the Logan,prooerty. ,
.2. Air and .Noise,. polution'
a. Limit the amount of trucking up and down the Dry Creek road and 'institute
necessary repairs to rond surfaces if dmmngc occurs: Whatever rules are
employed, there must be provisions' to:
t, Cut down on dust.
2. Cut down on noise.
3. r.ut down on possible• accident when one considers the narrowness
of the road and the blind spots.
3. ' Posting of : s' bond as -required -by the California - Surface Mining `& Reclamation
Act of 1975 and undated 1980. Counties are also required to develop and
maintain effective and comprehensive policies and regulations to control surface
mining operation. (State of California & Publish Resources code 2772). Counties
are responsible for implementing local ordinances requiring mining projects to
have a reelnma.tion plan.. `
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A reason or reasons for havin an -an E -I' R as required by CEQA (State of California
Administrative Cocie, Title..14, Section- 15082). These reasons are as follows:
1. The project has the potential to ` degrade the quality of the 'environment,
substantially reduce the habitate of fish, cause fish population to drop below
self-sustaining levels.
.2. The project has -the potential: to- achieve. short-term environmental goals to the
disadvantage of long-term environmental goals.
3. The enviornmental effects -of the project will cause substantial adverse effects
on human beings • directly or indirectly. Negative conditions would include:. .
polution of stream; stoppage .of spring' flow, potential air polution and accident
hazard.
�.. An EIR study will address to the following 9 major categories:
1. Geologic (soils, erosion, geologic resources - water as well as mineral)
2. Biotic (flora & fauna)
3. Atmosphere (air quality) .
4. Energy and resource conservation (materials - resources energy. use)
5. Cultural - aesthetic resources - Indian land use - (unique landforms, visual
quality, scenic resources, past history of Indian use and living)
6. Social economic resources .(employment, housing, and economy)
7. Transportation - circulation (street capacity)
- 8. Land -use planning (general plan)
9. Public Safety (environmental health - air quality - dangerous road
conditions).
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Depending on Butte County's "Open Space" policy and if the county allows mining in
such areas, lt..cnn reserve and should reserve the right to regulate, restrict; or withdraw
the .permit - which would be,a "Conditional Use Permit".
All the above information is defined :in -California Geoloky Vol. 34, No.. 2. dated
February 1981.
Title of the Article: The Environmental Review Process for New Mining Projects in
(ali'fornia.
'lt is further .required 'that any mining project in California must have' an
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enviornmental review consisting of several separate and independent permit processes
required by the county, state and federal law. At the local level, Butte County general
plan :requires all mining projects on' land zoned as open space to have a -conditional
use permit. The State of California -Environmental Quality Act (CEQ) of 1970 :mandates .
an enviormental review based on state law and guidelines resulting in the production
of the -Enviromental Impact Report (EIR). State law in the form of Surface 'Mining
and reclamation Act (SMARA) of '1975, requires a locally approved reclamation plan
that is separate and distinct- from. CEQA requirements.
In addition, the State of California Air•and Resources Board (ARB)'acts as a reviewing
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agency for the Federal Environmental Protection Agency. (EPA) which is responsible for
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" ' : 'enforcing "the..;Federal' �1ean ,Air' act; ;;.tn; t,urn,..,:all.. these. ,reg... Of processes° require
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the involvement of the local government agency and provide .for involvement of local
citizens in public hearings.
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