HomeMy WebLinkAbout041-080-027 (13)C o. ; iai.uing .;,ocn[tl•
March 23, 1982
Oroville; CaUO a►a
Mr. Stephen A. Streeter .
Senior Planner
Butte County Planning Jepartmenf
7 County Center.Drivle
Orovil1e CA 95965
Dear Steve: :
in response to your telephonere'uest.-and subsequent written request
of March 8. the. California Division :of..Mine's and Geol:ogy's Reclamation
P.ro.oram staff have _reviewed the .Mining Permit. and eeOamti'on Plan,
AP 41=08-27, for Ronald R: Logan`:(New Era: Mine).'.=The; following com-
ments supplecrrerit`=comments :in ;our letter to .you'of "August' 7, 1981,
which shouid still,be considered appropriate . 'They "represent`obser-
vations made as'a result-of my field visit at the New Era 'Mine on
March 12, 1982, and information submitted January 5 by the operator.
1) During the.site visit, Mr. Logan expressed an interest in selling
gravel from the mire as a by-product. If this is pursued, the
existing Reclamation Plein would-be inappropriate because it is'
based on backfilling excavations to near-existing ground levels:
If gravel is. moved. off-site, i t iri 1.1 not be, available .fo.r back-
fill and, therefore, his planned reclamation would not be
possible. There will be some excess backfill material due to
the increase in volume generally exp•�!rienced when disturbing
this type of deposit. Ir the operator sells only the excess,
the existing reclamation plan would be appropriate.
2) The existing Reclamation Plan calls for the salvaging of top-
toil. The field visit showed that very limited topsoil exists
on site. It would be advisable to-add fines removed from the
settling pond(s) to the sto.:kpiled topsoil to increase the
_. .amount of fine-grained material available for resoiling. To
the extent possible, these fines should be'mixed with the top-
so�il to create ar- h;,mogeneous a soil cover as possible. Soil
cover. should be at... le3s.t 4-i..nches ,.deep. to.provide an adequate
mot::.zone rft� plantst
123
Mr.' -Stephen A. Streeter
March 23, 1982
Page .Two
3) Because of the large amounts of groundwater. apparent in the area
to be mined, the.services of a'qualified.hydrologist should be
sought. by the operator. A hydrologic report should address the
effects of open -pit mining on the.local groundwater system, anti-
cipated amounts of water which w 'll._ have to. be. handled in the pits,
and expected groundwater flows through the reclaimed mined land.
This information would be of great help.to the operator, both .in
designing the operation and planning.for the reclamation of the
site.
4)...The idea of a staged operation, starting at 20-tons/day and*in-
creasing in stages, should be accompanied by periodic monitoring
X'o.determine if_the operator is capable of going to a larger
scale of. production.
:I hope :.t.Fi`at rjiour- Department wi 11 conti nue to use the services of the
Mined -Land Reclamation staff and that you wlll keep us informed of
new information.or developments relating to the New Era Mine opera-
tion. Our staff is also available to answer any technical questions
`. • on reclamation which Ron Logan.night have once he.has had an oppor-
tunity to review these suggestions. We are, as I indicated,.severly
`limited in travel for the balan�.e of this fiscal year.
Sincerely,
i
Ken A. Cole
Reclamation Specialist/
Engineering Geologist
.APPROVED:
AamesDav s -
State Geologist
cc: Ronald Logan
_..:.-........................
95965
PHONE: 534.4601
"March 24 '1982. -
Mr. -."Ronald
19x32.Mr:::Ronald R. Logan -
4093 Dry Creek' Road
Oroville, Ca.
95965
Re':: Alining Permit and Reclamation "Plan," AP: 41-0"8=27.
Dear Mr. .Logan:
(,e Planning. Commiss on".will be.`agaiw: onsidering this project at
.ieir April -8, 1982 meeting. In the meantime,.we would suggest that
...you c"ontac,t Dr. Jerold Behnke in "Chico regarding the 'hydrology of
the Dry Creek areae.Dr. Behnke is.a -hydrologist, geo-hydrologist,
geologist who.also:teaches at California State University, Chico,.
He.resides"at 1059 Via Verona Drive, in Chico. His.home phone num-
ber is 345-.2362.
The reason for suggesting you contact Dr. Behnke is. two -fold. First,
his name was suggested to us by Tony"Lantis of the"Regional Nater
.Quality Control. Board and" Ken Cole of the- Division of Mines and Ge-
ology as a local expert.. Since the question.of potential impacts
from your mining operation on downstream springs is a .key factor to
those property -owners -,'any additional information you -can provide
will help the Planning Commission and the Board of Supervisors, in
the event -of an appeal, to make their decision..
Secondly, we. are. aware -that property owners in the vicinity are in-
terested in hiring.Dr."Behnke to examine the existing and potential
hydrology s.itua.t.ion. We believe it would .be preferable that you
initiate any such .study,
Please -contact our office to discuss this matter.
Si cerely,
*SYTICn A. Str eter
Senior Planner. 25
SAS/hd
i
126
.N
PLANNING CommISSI,ON
7 COUNTY. CENTER.DRIVE.- OROVILLE, CALIFORN,IA 95965
PHONE': 534-4601,
April 2.,*' 1.982
Mr. Ronald R. Logan
4095 Dry Creek Road
Oroville, Ca.�
9S965
-Re:* 'AP 41-08-27
• Dedr Mr. Logan:
F -.nclose.d is a copy of Staff'.Findings concerning your
application for a mining permit and a reclamation
..plan on the above referenced parcel.
As you are aware, a publichearinghas been set for
the Planning Commission on April 8, 1982. This
meeting will also be held in the Board of SupeTvisrs
Room, 25 County Center Drive, Oroville, and is
scheduled to begin at 7:30P. M.
Please feel free to contact us should questions
arise.
Sincerely,
B. Kircher
2. r
�ni
Director of Planning
Ad
Enc.
127
_Haywud Office , .. ,
Edon landing i1d.-..-
04
uec ne,
Ord* CA 94846 „
(416) 887-a781 AU1110FfIZEU bi51n1f3lltOti..
EXECUTONE OF NORTHERN CALIFORNIA, INC.
.1097 SNEATH LANE,.SAN BRUNO, CALIFORNIA, 94.006..(415) 873-8600
Slate of C@hfcrnie Contiacfor'i License No 280244
San Jose Office
60.W. Orokaw Ad.
San Joie, CA 95110
..14081 292.2806
April 29:.'-1982
Butte Co. Planning Commission
#7 County Center 'Drive.
Oroville, 04, 95965
Attention: Bettye. Blair
Deur Bettye:
Enclosed 'is M! final and complete petition regarding concerns of Dry Creek property
owners - and the proposed mining operation of R. Logan.
• We.:woeld suggest, since possibly all but. two of the current .residences 'and -most of
the Aand,�holders oppose an unbonded operation, the staff clearly annunciate to the
'
board this- concern.
I cannot help: but feel a lack of sensitivity on the part of the board members to,
appreciate the resentment .that is being. generated over the Logan issue.
Without reviewing the mandate of the board, I am sure its commission is to preserve
the rights of property owners by assuring the character and value of land holdings.
I 'would.. say that: without . proper. bonding,.. the. potential. of.: reclamation problems and
poss[ble property devaluation is of `signficant potential.
' ' • :fir:, ;;,� : .. ..
Very truly yours;:.'
�i .�Pty1'i
Walter C. Kirk, Jr.
Enclosures
"a Co. Flanning Cofhm
APR 5 1982
orvale, CalifarW4
128
C12
129
Alo Y
Address Signature
Name (Print)
,3570.3
3503 amcern
r
W CIC,
VOAj
i� r0ac% �e 6Qr47r:.
7r e.7
Dol
NN �• P -e 1,2
—3cS"2, `7
•h
.;��. '! fi, ..i�. `;�1RcC-'c. wl%7;3_3� `�Cili, lT/��11 C�'IC �•. _Lt�� ,t`� 3� JyL
rV
N —
t
.13 0--
r_
00: planning. Board
Attention: -Nana Lambert, 'Nike Schroder, Frank. Bennett,, Rae 10ccler, Ron Max
ncttvc .:R.lnin
Subject:. Mining- Operntions proposed.11v 11•.. I,ot;nn/I)ry Crcck -Ronrl
Ile the undersigned. are: property owners,.on Qry Creek Rond.
To' preserve . and, insure: the contin.ued--in:tegrity:. and natui•nl balance: of :the
enviornmental elements of the nry Crcck Road Cnnyon. it is requested the :pinnning
board,- Drior. to nnv decision ,rega.rcling Mahe issuance:'of.ja.. mining permit,. require. that
�l,r. Ronald R:: Logan, ;of .Dry : Creek. 'Road;'to provide .the - board:;"
.properly documented ,and'
21 n ..proper,lV.' documented';and; filed Fish and;-rame"report.` '
3) other necessary reports and filings which my be supplementnry or original
in content that oertain to practices essential to quality mining operations
compatible with the nry Creek Road arcn.
4) Sufficient bonding to indemnify for'any financial losses sustained by local
property owners due to mining activities.
Suoolementary concerns are enclosed, amplifying issues we feel must be properly
addressed.
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
equal interest to us, that Mr. Lovan's pursuits are within defined limits which guarantee
t -he value of. local.property';'and preserve the quality of life, style within the nrea.
4
131
following',.are sr,.ecific iircas:of concern:
Water.Suoolv ar-fi control-.
a. Dry:.Creek flow must be qunrfinteed.silt f rce from in inin'.7 debi
'
1. settling ponds must he nbove 100 veer flood height level. At
present Ahey are not but rather about t2 feet above stream level.
2. All deninage corning part. of workworkingsmust .not -etnuty
..
directly - intO-SUCRM but into. settling pond.
b, into the formation. from which till springs eminate. This - could
in the, off spring- flow,
.-..resuft. in-blockftqe-, pr riattiral*�flow he, form&tioh, cutting
below the.: Logan -proDerty..-�.
:
t
-2. Air.: and-.Noi.se. polutiow'..;
a. -Limit the arnopnt.of-trucki:nq tip Arjd-.down.-.the:Dry'Creck road andriristitute
necessnryrepa-irsto road surfaces if damageoccurs. Whatever rules are
.
employed, there must be provisions to:
Cut down on dust.
2. Cut down on noise.
3. Cut down on possible accident when one considers the narrowness
of the road and the' blind spots.
3. Posting of a bond as required by the California Surface Mining & Reclamation
Act of. 1975 and Updated 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 -,espopsible- for implementing local ordinances requiring mining projects to
have :a 'reclamation plan.
132
I 1 �
A*ason,.o,r. rea 6nsj r. h.avin ,an an R. l R its.. ccgnired by:: EQ�� (State of California
Administrative Code, Title:44, Section 150.82).._ Thcse.jeaso.ns ,are. as follows:
1. The project: has . the ;)otent;a; to degrade. the quality of the environment,
substantially . reduce .the..ha-bitnte of f ish, cause.. f ish Dopulation to drop below
self-sustaining levels....
2.The project•:has the .potentinl -to .achieve short-t:e,rm_.cnviconrn.entni goals to: the.
disadvantage of long-term.,cnvironmen-tnl .gonls.
3. The enviornmental the project will cnr.lse..substantial_ advcrsc effects
on humnn beings. directly or. indirectly. Negative conditions w�juld incinde:
polution of strearn, stpppagc,.of spring flow, potential air polution and necident
hazard.
An EIR study will; address to the following '9 major categories:
t 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 ac 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)
-l. Transportation.'- circuintion (street capacity)
8. Land -use planning (general plan)
9. , Public Safety (environmental health - air quality - dangerous road
conditions)
.133
ncncndinR.on Ilutte ('01111W.',10fwn'SnaMl.Wv anal. if me eourty nllo�ys ninipG' in
such areas, -It can'.reserve..and tihrnuld reserve the right. to,rerrulnte, restrict, or w itl.draw
the oermit -. which would .be . a "Conditional. Use :Permit".
All .the above. information. is defined..in:Cnlifornia. Geology Vol. 34, No. 2.. canted
Februnry.1.981.'
Title of the. Article: The, Environmental Review Process for New. Mining Projects, Jn
California.
It: is further required ,that. any .mining -project. in. -California must have, an
envior nmental review consisting...of . several ::separiite And independent permit. processes
required by the- county, state and federnl law: At the local level, Butte County general
plan requires all' minin projects or, land zoned as open space to have a conditional
fisc permit.- The State of (-nlifornin Environmental Q.iiality Act (C EQ) of 1970 mandates
an enviormental review based on state law and guidelines resulting in the production
t . Of the F.nviromeninl ]monet f:e►iort (F,IIt). State law in the form of Surfnne %lining
-rind 'rtelrimation Act (SMARA) of o.75, requires ri, locally npproVcc. reclamation pion
that is sennrate and distinct from CEQA requirements.
In addition, the State of California' Air .nnd Resources Board (AR13) nets as a reviewing
ac;enev for the. Federal Environmental Protection Agency .(EPA) which is responsible for
enforcing the Federal Clean Air act. In turn, all these _regulatory processes require
the involvement of. the local. government' agency' and provide for. -involvement. of local.
citizens in public hearings.
fF
g
'h
All
.S
k
0
Z,