HomeMy WebLinkAbout041-080-027 (14)0: Butte County Planning Commission
Staff. Findings - April 8, 1982'.
PP L I CANT :
Ronald . Logan
MNER: Same
A mining permit and reclamation pla'n
'EQUEST:
AISTING ZONING:
A-2
:OCATION•
'
.0-n the igest side. of Dry Creek Road, ,
approximately 3:miles north of -pc Road,
south of Paradise'
1. P: NO.:
41-08-27
SIZE:
18, acres
SURUNDING ZONING .
A-2
?'Zoned
Zb,v G HISTORY:
A-2.'August 29, 19S5
-
S.1TE HISTORY:
Previously mined as .part of the New'Lra
being mired under. .
Tine operation; currently
a..valid.permit from the California Dep_art-
ment of: Fish and-Ga.me
i.
SURROUNDING LAND USE:
Mostly open foothill terrain, several'
residences along Dry Cre..ek to the'south.
GENERAL PLAN DESIGNATION:
Agricultural- Residential
APPLICABLE REGULATIONS.:.....
Butte County Code Chapter 13 mining and
dredging) and. Butte County Code Section 24-47`.,
(criteria for granting use permit) and 24-66
h
(A-2)
F_
CWMENTS (Received for parlicr
rcview of proposal)
Puhl ;c :Vorks : ":::. there ;will Vie,. no .problems: that could not be in keeping
State Surface
1
iJith the requirements of the County :and
Mining
recommend
you held threquired h� Brings anu issue . the
,e
( • permit."
Pe.r .;ner�o dated
Jane` 15,::1,;981
r
IL� C�OPY
''
1111,7% .. . .
.ILE 41-08-27 'page `2 Staff Findings .Ap_ri1 R, 1982
invironn'e.ntal Health: "\o objection to nining permit and reclamation clan.
}peratton to comply with P.egional hater Quality Control Poard regulations ane-
requirements.,,
ne'requirements."
i})cri ff "No significant impact on . this -agency.'.'
Division of Forestry: "fire protection requirements: If flammahles are
stored aTove groan , then each fuel tank will lie stenciled in 4" letters,
the word "FLAMMABLE k • Each tanwill require :in foot clearance. of all
Flammable vegetation. A 20•lb. dry chemical fire extinguisher at each
storage tank.site.will be required. If fuel storage tanl:� arc installed
to .q,rgroiind, then an> approved type vapor recovery sy stem x: it l he required.
qo :impact .on. fire .pro-tection.!'
J. S. Bureau of'Land Manaaemcnt: "Ale have very little information for this
xrca. P.cco,rds in icate the presence •of° -2: f.ede.ral. r-andiate species o`'
-�nd.angctcd; flora,'•ncar the proposed site, Butte - Canyon. Checkermallow.*
(Sida1cca' rohu.sta) .and Adobe Lily -(Fri til laria':pl.urif.lora) . Soils .ane? other
ernvironmental .:factors should be checl;ecl to determine if hahi tat .for these
exists on the site. T}e proposal to remove 80 cubic.yards of ore
_ y is ambitious, •ane'. care t•roUld he recommended to pr(o ide protection
against siltation of dounstream fisheries .and 'poss.ihle toxic -discharges-. frorr
i'mp'roperly constructed. tailings ponds: The --proposal shoulri have no impact
)n. FLM• administered lands..
VIVA T;YSIS :
Phis is a.proposal to operate a placer 'mine :at the'north°end of Pry Creek ,
'oad. The operation is to he as dcscribce in tl-c suma—lary ori rage 4 of
,PPendix r of. the F.rvironrnental doctinents.
Che existing A-2 zone allows mining operations. The operation as descrkbed
Ln the Reclamation Plan appears to meet the criteria of County Code Gha.ptei
l3. and has been'submitted to the State Geologist as required. As the result
).f earlier hearings before the Planning Commission, a mitigated Negative !I
Declaration is before you for adoption.. Mitigation measures are included and
should be considered prior to a decision on the project.
Three k.ey concerns of the neighboring property owners are traffic and road
,naintenance, the possibility of future blasting and the potential effects
on the creek and their downstream springs, the domestic water supply for
nost of the homes.
kecess to the site is via Messilla Valley Road and Dry Creek Road. Dry Creek
-oad is a privately maintained road and presently docs not meet any County
tandards. Included as a mitigation measure is a condition to improve
.eek Road ---"at such time as mining traffic warrants". Messilla
la1 ey Road is publicly maintained and the Public Works Department has con-
iitioned that any damage caused by mining operations be repaired.
Che Logans have indicated that blasting will not be involved in the mitNg
F 41-013-27 ..Page 3 Staff Findings April 8, 1982
oyer-ation. Therefore discussion and conditions relative to blasting are
deleted.
The potential effects on the creek and doA4nsticam springs have no` been studied in detail. Ken.Cole, Division of Mines and Gcology, recommends, in the letter,
dated March.23, 1.982, that a "hydrologic report should: address' 'the effects
of open -pit mining on the local graundwatbr system, ariticipated amounts of
water whic:i will. have to be handled in.the pits, and expected groundwater
flows through the reclaimed mincd'land." Contact has „con made with a Dr.
.Jerold Behnke of Chico to explore the hydrology of the D -y Creek Road area
and potential impacts, if any, posed by the mining operation.. Refer also to
Condition #13.
A performance bond has been recommended'as a method of assuring that recla=
mation' will take place. 'In :the _event that the mining: operation did nbt prove
successful or for some other reason' the Iogans were not able to initiate' and.
complete reclamation' ..f tlic "-land, t•}ie perform4ne'e bond would allow the County
to complete the work by hiring'someone .to do it. 'The Nevada County process
of "performance assurance" is being reviewed.
Tony Landis -Regional Water Quality Control'Boat&, Ken Cole=Department of Con-
servation, Division'of Mines acid Geology .'and Gayland Taylor -Department of
rand Game su'r'veyed the site along with 'th& Logan§, Frank Bennett. and Steve
'1;.O.cter on March 12, 1982. As a result of the field trip, Mr. Logan tenta-
tively agreed to a three-phase plan to expand the mining operation. Phase
I would -:restrict. -him .toa•. maximum..output of 20 cubic yards per day, the limit-
ation on his cur'r'ent' pe.rinit :from; the Department' of', Fi sh. and Game. Please I
would double .the: output of min' ed.materia•1 to 40 cubic yards per day. Finally,
Phase III would be for 80 cubic yards per day, the .figure originally re-
quested.-for•the mining permit and in the draft reclamation plan.
The phasing would allow for a more careful review of the mining operation by
State agency representatives and County personnel. If through periodic
monitoring a reasonable "track record" is established, then expansion from
20 cubic yards per day to 40 cubic yards per day could be considered by the
Planning Commission.
Basic questions to be answered for future expansion are the settling pond lo-
cations, the amount of wastewater to be generated, how the wastewater would
be -handled, how and where the tailings would be stockpiled for reclamation,
and methods to assure that the water quality of the creek, near the site
and downstream, is maintained at an acceptable level.
The environmental documen.ts'w.ere previously circulated through the State
Clearing House., No comments .were received from the Office of 'Historic
Preservation iegar.ding the historical importance of the old mine shafts on
site.
applicant.proposed mitigation measures. Any hydrology reports, mentioned
condition, will not be initiated by the Coujlty of Butt,:. Such reports
will be the..; a ica t! s. xcs o Vis ; .ilk.: 4
PP i. k P5 iffy ,
RECONDIENDATIONS : ` 138
Ir 1
..•.. .
03-27 Page 4
Staff Findings April 8, 1982.
41-
A. Adopt and cer:tify_-the mitigated Negative:Declaration,:finding
that conditions have been incorporated into the approval of
this project which mitigate the signuantato Lh�1�al�ifornianental eUnvir-
identified in the initial study purs
onmental Quaiity"Act; and
B. Find that,the project:meets -the criteria of Butte County Code
Section 13 and Code -Section 24 47; and
C. Approve a mining permit and reclamation plan on AP 41-08
subject to the following conditions:
-5 are to he accomplished before thc. mining perr�it is
Conditions A 1, Ordinance.
issued pursuant to Section 24-44-othe Zbning
1.
4.
Provide on-site fire. protection .measures.:.
Obtain a current streambed alteration permit, for any work wit}
in or near Dry.Creek, from the California Departcriodic review
and -Game., Update permit as required to ensure p
of the operation.
Submit a current report'of wastcuFater discharge to the
Water Quality Control Board and comply
California Regional:
with rcquirements pertaining to wastewater discharge.
Settling p
oriels to be located above the 100 -year flood plain
and have enough capa�oty to cotain all surfacendrainage.proces(DeptS oftFish F, Game
er
without discharging
Submit a reclamation performance bond, pursuant to Sec. 13-106
of the County Code, in the amount of $10,00.0 .and..,le:tter. a1,7=...
lowing the -County of..Butteac9omplishnreclamdsiationdinytheoun
eevent
ty
.access to..thc prop.cr. ty. to P
of default.
Preserve as much vegetation as possible to promote ground
stability and reduce erosion.
Limit hours of operation to 6-A. M. to 6.P. -M., Monday
throug", Saturday.
Improve Dry Creek Road from Messiloareduceyv oad, at ssuch
time as mining traffic warran ' cito red .
impacts and for traffic safety Purposes -
Erosion
P
Erosion control measures are required.
a. Stabilisation ograded areas.
13.9
m
6.
8.
Provide on-site fire. protection .measures.:.
Obtain a current streambed alteration permit, for any work wit}
in or near Dry.Creek, from the California Departcriodic review
and -Game., Update permit as required to ensure p
of the operation.
Submit a current report'of wastcuFater discharge to the
Water Quality Control Board and comply
California Regional:
with rcquirements pertaining to wastewater discharge.
Settling p
oriels to be located above the 100 -year flood plain
and have enough capa�oty to cotain all surfacendrainage.proces(DeptS oftFish F, Game
er
without discharging
Submit a reclamation performance bond, pursuant to Sec. 13-106
of the County Code, in the amount of $10,00.0 .and..,le:tter. a1,7=...
lowing the -County of..Butteac9omplishnreclamdsiationdinytheoun
eevent
ty
.access to..thc prop.cr. ty. to P
of default.
Preserve as much vegetation as possible to promote ground
stability and reduce erosion.
Limit hours of operation to 6-A. M. to 6.P. -M., Monday
throug", Saturday.
Improve Dry Creek Road from Messiloareduceyv oad, at ssuch
time as mining traffic warran ' cito red .
impacts and for traffic safety Purposes -
Erosion
P
Erosion control measures are required.
a. Stabilisation ograded areas.
13.9
m
W-1
ILII
41-08-27 Page S
16.
.. ; . e_�.
Staff findings April 8, 1982
b. Stabilization-of•tho,streambank in area of mining
operation.
C.: Proper development of -drainage for.open pit mine arca.
,d. Install culvert -for any stream -crossing of Dry.Creek.
:Design backslope of excavated material to withstand an earth-
;cJua.ke of magnitude 6.S Richter.
Undertake reclamation immediately once each open pit mine has
bcen:.proccssed. :
... _ OSHA)
bleet the Occupational Safety and Health Administration
guidelines for the storage .anal .u.se .o.f flammarles.
Retain areas not to be mined in 'their" natural state.
of sediments
iJt.ilize .sediment ponds.. to. contain the discharge
The applicant further proposes that -any hydrology or geology
reports .prepared and: appended to, the Negative. Declaration.
will be consdcrcd-and addressed..
If:flaminables are'tored above ground, then each fuel tank
will be stenciled i 4" letters, the word "FLAr�4ABLF." (CDF)
nn
.17, Each tank will require 30 foot clearai:ce of all flammable
vegetation. (CDF)
18. A 20 lb. dry chemical fire extinguisher at each storage tank
site will be required. (CDF)
19. If fuel storage tanks are installed underground, then an
approved type vapor recovery system will be required. (CDF)
.20. Repair any damage to AJcssilla Valley Road, due to the mining
operation that occurs at the intersection of Dry Creek Road
and TJessilla Valley Road. (DPIV)
21 Miningoperation to.:be:limited to a maximum of '20- cubic
yards per'day with subsequent review by the Planning Com=
!mission for proposed expansion to Phase II.
Periodic review of the site, no less than three (3) times per
• 22.- the Public works Department,
year, is to be accomplished by
ursuant to: Section 13-109 of the'Cou�lty Code.
P
yF.. - 140
•. STaff Findings Aprilril 8►
FI:E:41-08-27 Page 6' 1981
23. Applicant must also comply with all other applicable State .
and local statutes, ordinances and regulations.
If the-decision is made to deny the project,
A. Note the initial study recommending a Mitigated Negative
Dbclaration was considered, 'pursuant to CEQA; and
B'.. Find that, according to the present. 'information 'avail'able, ,
the project does not.mcet the criteria of Butte County.
Code Section 13 and:Code.,Section 24-47; and
C: Deny the mining pe'rmit'and reclamation plan for Ronald R.
Logan on AP 41-08-27.
,j6d
.
..,...
-
� 141
•
r
t
•
n