HomeMy WebLinkAbout041-080-027 (21)- 0
Butte County Department of Development Services
TIM SNELLINGS, DIRECTOR I PETE CALARCO. ASSISTANT DIRECTOR
7 County Center Drive
Oroville, CA 95965
(530) 538-7601 Telephone
(530) 538-1785 Facsimile
www.buttecounty.netldds
www.buttegeneralplan.net
ADMINISTRATION " BUILDING " PLANNING
Certified Mail (7005 1820 00024189 2416)-
Return Receipt Requested
December 20, 2007
Ronald Logan
4095: Dry Creek Road
Oroville, CA 95965
Lee Ogle
Frank Noland
North Continent Land & Timber, Inc.
4950 Cohasset Road, Suite l Q
Chico, CA 95973
SUBJECT: Notice of Violation — Mining
•
4095 Dry. Creek Road Oroville
County Assessor's Parcel Number 641-080=027
(New Era Mine)
Dear Mr. Logan:
This letter serves as a notice of violation under Butte County Code'..section 13-116(b)(1) of
Chapter 13, Article 11, Surface Mining and Reclamation that-themining:activity at the above
referenced location is a violation of County Code and the .state Surface Mining -and
Reclamation Act for not having a valid permit, reclamation plan and financial. assurance
mechanism. If the violation extends beyond thirty days, ,the County will issue an Order.
Any operator who violates or fails to comply with an 'order shall be subject to an
administrative penalty up to $5,000 per day, assessed from the original date of
noncompliance under Butte County Code section 13-116(b)(3).
On December 5, 2007, in response to complaints. -received, the Planning and -Code
Enforcement Divisions. of the Department of Development Services conducted an
inspection of the above property., (referred to by ownerloperator. as the New Era Mine).
County staff observed approximately 12 acres of disturbed area, with cuts. of 75 feet and
fills of 20 feet benched at approximately 20 foot intervals, and approximately 100,000 cubic
yards of materials redistributed on the site, defined hereafter as the "current operation".
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;.!•Butte County Code and the Surface Mining and Reclamation Act (SMARA) require, at a
minimum, three items be approved prior .to commencing a mining operation: a permit, a
reclamation plan and a financial assurance mechanism. None of these items exist for the
current. operation.
Your representatives, Frank Noland and Lee Ogle of the North Continent Land and
Timber, Inc., have asserted that the New Era Mine is currently permitted to operate under
Use Permit 81-135 (UP 81-135, conditionally approved by the Planning Commission on
June 12, 1982): The current operation exceeds the scope of UP.81-135 and, more
Importantly, UP 81-135 is no longer considered a valid permit. It is our determination that
the UP 81-135 has lapsed.
Under the Butte County code in effect at the time of the approval of UP 81-135, specifically
section 24-48.1, uses granted under* a use -permit were required to be .established within
one year of approval. There is no evidence on file at Butte County Development Services
that verifies that the use was established within a period of one year. The use permitted
by UP 81-135 was not maintained as required by Butte County Code at the time the permit .
was approved. This includes, but. is not limited to, Section 24-48.2 and the list of
conditions of the use permit. Section 24.48.2 of the County Code in effect at the time
states: "A use permit shall be deemed revoked if the use for which the permit is granted
has ceased or has been suspended for a period of twelve (12) consecutive months." No
MRRC-2 Surface Mining Operations Annual Reports, .required. by. Public.. Resources Code
Section 2207, have been received by Butte County or the Department of Conservation.
(` The SMARA annual inspection reports (1982 — 2007, utilizing .the current on-line 2007
MRRC-2 form) and various affidavits provided by your representatives do not conclusively
demonstrate continuous operation of .the mine.
Within 30 days (Monday, January 21, 2008) you are required to demonstrate that you have
a valid permit, reclamation plan and financial assurance mechanism for this site. As noted
above, if violations extend beyond thirty days.from this notice, the. County. will :issue an
Order under Butte County Code section 13-116. This will include scheduling a public
hearing before -the Planning Commission to consider the violation. .Any activities_ to
stabilize or restore the current operation as ordered by a state (including the Clean-up and
Abatement Order by the CentrM..Valley Regional Water Quality Control Board) or local
agency would not be considered a violation.
Please contact Planning Division Manager Charles Thistlethwaite of this office at (530)
538-5672 or Assistant Director, Pete Calarco at 538-2167 if you have any questions
regarding this Notice of Violation.
Sin landlling4
I
Director
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