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Home My WebLink AboutATTACHMENT C (3)• p Sent; Friday, September 21, 2007 3:48 PM To: Thomas, Chris. Subject: RE: illegal mining, 4095 Dry Creek Road? Yes: I have heard this. The Logan permit - has not reported or. been inspected under SIVIARA, 'so I suspect the Use Permit is invalid. Good move having.DFG take a look. I would do.airide along,with code enforcement to get your own eyes on it. If they are disturbing .in excess.of an acre'an.d -moving material off site they are a mine and need aMining 'Permit. If.they'alle not exporting they hiay need a grading permit per DPW. You.may want to bring along a'handheld GPS (check with' DPW) to get a good- estimate on the size of disturbance- this can be diffic'ult to judge. Recent aerials would also be a resource to measure disturbance. lWould write a letter of inquiry first, to establish a response from the landowner, and then schedule an inspection with him to verify his story (bring code enforcement). If.hedoes-not respond I would work with Code Enforcement on their established procedures'. Dan Breed6n, SCP, Principal. ner Butte County Department of Development Services Advance Planning Section 7 County Center Drive, Oroville, CA' 95965 -Phone: 530-538-1629, Fax: 530-538-5366 Email: dbreedon(cDbuttecounty. net Butte County GeneralPlan 2036'Wehsite: www.buttegerieralplan.riet- From: Thomas, Chris ,sent: Friday, September 21, 2007 3:38 PIVI To: Breedon, Dan -Subject: illegal mining, 4095 Dry Creek Road? .Dan, Over the past four months I've received.a number of inquiries/complaints regarding mining'atithe above address. Ron '1 Logan obtained UP 81A 35 on May 26, 1982 but it appears he has complied with few of the conditions. Bill Barron tells me that large vehicles have been going up Dry Creek Road and that neighbors tell him there's more mining going on.. I had aDFG'warden go up last spring — he reported that a small operation was on-g6ing'but'he was out of the creek and . there were no violations in regards to, the creek. Should I have code enforcement go up and take a look? Bill thinks Mr. Logan is now mining on another property - not his as permitted. Chris Thomas, Chris From: Scott Zaitz [szaitz@waterboards.ca.gov] Sent: Monday, November 26, 2007 2:08 PM To: Thomas, Chris; Phil Woodward Subject: Re: New Era Mine. inspection, 4095 Dry Creek Road, Butte County Importance: High - ** High Priority ** Chris, we have received a copy of the Storm Water Pollution Prevention Plan.' The Regional Board does not review and approve/disapprove SWPPPs, itis up to the discharger to come up with'a feasible plan, implement the plan, inspect.the plan before.and.after storm events in order to ascertain the 'plan Is. effectiveness.and then to maintain or upgrade the plan on an as -needed basis. The plan states that erosion and sediment control BMPs will be. deployed to stabilize the site. The pictures that were attached to your email do not show ANY BMPs deployed. The process waste water ponds appear to be adjacent to a surface water drainage. I do not see. any BMPs to protect the receiving water from, sediment discharges•. This situ appears to not have deployed the BMPs stated - in their SWPPP, and would -therefore be in violation of the Industrial Storm Water Permit. With that said, it has not rained enough to have a discharge from the site but my guess would be that if and or when we.get a series of wet storms, the site will show its true colors.. I have sent a copy.of this email to Phil Woodward to comment on anyother aspect of the site besides stormwater. I thank you for'the invitation to accompany you on the SMARA -inspection, I have already booked 5 December 07, butwould defer to Phil or simply have you update us with your inspection findings along with any photo documentation, documenting site conditions during your. site inspection for our files. • Thank you, Scott Scott A: Zaitz, R.E.H.S. Environmental Scientist Storm Water & Water Quality Certification Unit CVRWQCB — Redding Office 415 Knollcrest Drive, Suite #100 Redding CA 96002 (530) 224-4784 szaitz@waterboards.ca.gov >>> "Thomas, Chris" <CThomas@buttecounty.net> 11/26/2.007 12:17 PM >>> Good Morning, I wanted to let you know that Butte County will be conducting its first SMARA inspection for the above gold mine on Wednesday, December 5, 2007 at 11:30 AM and that your accompaniment would be welcome. We' were forwarded the at photos by the operator it appears the mine has expanded beyond the project description provided in its 1982 permit. The operator, North Continent and Timber Inc. has provided us with a copy.of their SWPPP; could you let. me know its status and that of any. other Board requirements?" Also, I would be interested in any other documentation you might have regarding the New Era'.Mine. Thanks for your assistance. Sincerely, Chris Thomas 1 001 812 z Page 1 of 3 • Thomas, Chris From: Phil Woodward [pwoodward@waterboards.ca.gov] Sent: Tuesday, November 27, 2007 11:24 AM To: Thomas, Chris; Scott Zaitz SUbject: Re: New Era Mine inspection, 4095 Dry Creek Road, Buite County Chris I just got a call from a woman that lives downstream of the mine MrMth' She said the. stream turned a milky color this morning and believes it is a isc ae mine. She also. said this has happened a few times this summer. I cannot make it down to Butte County right now, plus the color may be gone by the time.I get there. I have the feeling this may be something we will be hearing about more and more as we get into winter. If possible,. could you go by today and/or talk to and- see what is happening? There is not -supposed to by ANY discharge from the mine. H"f:EM Philip V. Woodward • Senior Engineering Geologist Central Valley Regional Water Quality Control Board >>> Scott Zaitz 11/26/20072:07 PM >>> Chris, we have. received a copy of the Storm Water Pollution Prevention Plan. The Regional Board does not review and approve/disapprove SWPPPs, it is up to the discharger to come up with a.feasible plan, implement the plan, inspect the plan before and after storm events in order to ascertain the plan's.effectiveness and then to maintain or upgrade the plan on an as - needed basis. The plan states .that erosion and sediment control BMPs will .be deployed to stabilize the site. The pictures that were attached to your email do not show ANY BMPs deployed. The process waste water ponds appear to be adjacent to a surface water drainage. I. do not see any BMPs to protect the receiving water from sediment discharges. This site appears to not have deployed the BMPs stated in their SWPPP, and would therefore be in violation of the Industrial Storm Water Permit. With -that said, it has not rained enough to have a discharge from the site but my guess would be that if and or when we get a series of= wet storms, the site will show its true colors. I have sent a copy of this email to Phil Woodward to comment on anyother aspect of the site besides stormwater. I thank you for the invitation to accompany you on the SMARA • inspection, I have already booked 5 December 07; but would defer to Phil or simply have you update us with your inspection findings along with any photo documentation, documenting site conditions during your site.inspection.for our files.. 00181.4 Page 2.of 3 Thank you, Scott Scott A., Zaitz, R.E.H.S Environmental Scientist Storm Water & Water Quality Certification Unit CVRWQCB - Redding Office I: 415 Knollcrest Drive, Suite #100 Redding CA 960.02• (530) 224-4784 szaitz@waterboards.ca.gov !' >>> 'Thomas, Chris" .< CThomas@buttecounty.net > 11/26/2007 12:17,PM »>. Good Morning,. I wanted to let.you know that Butte County will be conducting its first SMARA inspection for the above gold mine on Wednesday, December, 5, 2007 at 11:30 AM and that your accompaniment would be welcome. We were .forwarded the attached photos by the operator it appears -the mine has . expanded beyond .the project description provided in its 1982 permit. Y The operator, North Continent and Timber. Inc. has provided us with a • copy of their SWPPP; could you let me know its status and that of any other Board requirements? Also, I would be interested in any.other ' documentation you might have regarding the New Era Mine. Thanks for your assistance. Sincerely, Chris Thomas Associate Planner Butte County Department of Development Services 530.538.6706 (direct) • 530.538.7601 (office) 0 15 81 Page l of l • Thomas, Chris - From: Scott Friend [SFriend@PMCWorld.com] Sent: Wednesday, November 28, 2007 8-32. AM To: Thistlethwaite, Charles. Cc: Thomas, Chris Subject: New Era Mine Proposal - Feedback Update Importance: High Chuck, . Good morning. I forgot to ask you yesterday at the BOS butt wanted to see how your review of the proposal was coming for services related to the New Era Mine? I believe that Nash and Chris have, or.are in-the' process of, scheduling an.inspection for next week on this mine and I need to know,if the contract amendment is approved prior to that inspection. As such, if you could please let me know how your review of our proposal is coming and if, you have any questions, I'd appreciate.it. Thanks for your time. - I Scott Friend, AICP PMC - Chico 140 Independence Circle, Ste: C Chico, CA 95973 • Ph.#: 530-894-3469 ext. 214, (office) Ph.#: 530-228-8768 (cell) sfriend@,pmcworld.com 00817 Page 1 of.1 Thomas, Chris From: Lightell, Sue Sent: Wednesday, November 28, 2007 10:04 AM To: Thomas, Chris Subject: RE: Assessor's status for APN 041-080-027, 4095 Dry Creek Road - "New Era Cline" I pulled the appraisal file on this parcel. There are several interesting comments,by the appraisers: , 2/15/95: (Site visit due to 50% transfer) "Mr. Logan still claims that this 'New Era Mine' on site should have a lot of gold in it. but he doesn't have the finances to work the mine. 3/29/79: "Mr. Logan is a miner, he has taught gold mining at Butte College. This roe has a 'historical mine 9 9 P P ►tY o on it which Mr. Logan claims to be quite rich. The reported. sales price of $70,864 with $11000 down reflectsa lot of 'blue sky', the anticipation of riches elevated the sales price. 12/3/87: Saw some"new mining equipment which included a tumbler, a large sluice, 20' water system of 3" pipe, two small cats & some trucks. Set up a business acct." I checked with the Business Division and they have no business account for this parcel. We have neverr taxed the Logans for any .mining operations: From: Thomas, Chris Sent: Monday, November 26,.2007 9:05 AM . To: Lightell, Sue Cc: Thistlethwaite, Charles - Subject: Assessor's status for APN 041-080-027, 4095 Dry Creek Road "New Era Mine" Hi Sue The above property has apparently developed a fairly substantial gold mining operation over the past.six months; although a use permit for mining was issued back in 1982 this. permit may have lapsed. I'm writing to ask what information your department has on the property in an effort to determine whether or not operations there have been on-going since issuance of the permit. It seems to have dropped off both Planning and Public Works' radar. Thanks for any information, Chris Thomas Associate Planner Butte County Department of Development Services 530.538.6706 (direct) 530.538.760.1 (office) 530.5-8.2140 (fax) i Page 1 of .1 Thomas, Chris From:v Scott Friend [S Friend@ PM CWo rid. com] Sent: Thursday, November 29,'2007 5;50 PM To: Thistlethwaite, Charles Cc: Thomas, Chris; Nash Gonzalez I, Subject: New Era Mine - Contract Addendum Follow-up Chuck, ;Good evening..) :wanted to follow-up on the email that.) sent earlier this weekconceming the New Era. Mine and the check on the status of the revised contract services proposal that PMC provided to the County to provide SMARA services on this mine. * My reason for being so "pushy" on this is that I believe that Chris and Nash are scheduled to inspect the facility on Wednesday of next week.. That being the case, I need.to have'authorization or approval,of our proposal from the County prior to the inspection. Also, assuming that the contract is approved and we do attend and undertake the inspection on Wednesday, I might suggest that in addition to Chris, that, you (Chuck) or Pete additionally attend the inspection on, the County's behalf. My rationale for this request is that due to the failure of the mine to have been inspected in past years, and due to the potential.for strong "input" on this matter from OMR, it might be'beneficial fora)) parties involved to have aSenior-level manager involved in this project. While I don't intend to induce shivers and shakes, I think . both of your Yuba Countymining experiences (Le: difficult circumstances.involving SMARA and a mine) may come into play on this project. Thank you in advance for your attention to this.matter. i Scott Friend, AICP 'PMC - Chico .530-894-3469 sfriend(aD-pmcworid.com 001819 Thomas, Chris • From: Blixt, Thomas Sent: Friday, November 30, 2007:10:24 AM To: Scott Zaitz; Lt. Castillo (scastill@dfg.ca.gov) Cc: Thomas, Chris; Edell, Stuart Subject: FW: Dry Creek; New Era Mine? • 4 trach�e��ts: creek-1a.jpg; creek-2.jpg; DSC00538.jpg; Igew Era Mune - Dry Creek 041-080-027 Site location map.doc a . creek-1a.jpg-(84 'creek-2.jpg (59 KB) DSC00538.jpg (82 New Era Mine - Dry KB) . KB) Creek 041-0... There have been neighh"or.complaints regarding a gold mine operation beside Dry'Creek in Butte County that is discharging directly,in Dry Creek. Please read the e-mails below and if you need additional. information on. the mine operation please contact'Chris Thomas who was ce'd on this e=mail. New Era Mine (APN 041-080-027), 4095 Dry Creek Road Chris had earlier wrote: The.above mine has expanded (the attached. were provided by the operator) over the. past several months and appears to be operating without a current mining permit. UP 81-35 (incorrectly shown as UP 81-135 and denied in our GIS) was issued to Ron Logan in 1982 for a small gold mining operation along (but not in) Dry Creek at the above APN and address. Apparently Mr. Logan's operation sank from view - SMARA requirements'for annual inspections, financial assurances and operating reports have never been met as far as.I can tell - and I can find no documentation in the Planning files aside from the original permit application and reclamation plan in microfiche. Condition 3 required a reclamation performance bond of $3,000 - would Public Works have taken that money in back in 1982? Condition 22 required that `:[p]eriodic review .of the site, no less than three (3) times per year, is to be accomplished by the Public Works Department, pursuant to Section 13-109 of the County Code." Do you have any record or memory of these reviews? I'm trying to pull together "any available documentation in preparation for referring this matter to County Counsel. We have met with the current operators, who presented us with a . Plan of Operation for this gold mine. They state there is minimal truck traffic to and - from -the site but I have not verified this. The Regional Board is aware of the operation; . a SWPPP has been prepared but not yet approved by the Board. We are planning a SMARA inspection with our consultant in the first week of December - given the substantial grading evident in the photos I thought you might want to join us: Chris Thomas = Associate Planner Butte County Department of Development Services 530.538.6706 (direct) 530.538.7601- (office) 530.538.2140 (fax) 1 i !' -----Original Message ----= • From: Thomas, Chris Sent: Friday, November30, 2007 9:51 AM To: Blixt, Thomas Subject: FW: Dry Creek; New Era Mine? Tom - Meant for the below to go to you too. Phil had asked me to let him know about possible discharges from the New Era Mine into Dry Creek. Chris -----Original Message ----- From:.Thomas, Chris Sent: Friday,'No,vember 30; 2007 9:43 AM To:-'Phil Woodward' Cc: 'Josh Brennan'; 'HLOMELI@dfg.ca.gov'; Thistlethwaite, Charles; Calarco, Pete; Breedon, Dan Subject.: FW: Dry Creek; New Era Mine? Phil - called again this morning to say that Dry Creek is again cloudy with something'. sent the attached - they're not real clear but it-does look as if something is in the stream. Would you be able to investigate? Chris Thomas Associate Planner Butte County Department of Development Services 530.538.6706 '(direct) 530.538.7.601 (office) 530.538,214,0 (fax) -----Original Message ----- From: Sent: Friday, November' 30, 2007'9:02 AM To: Thomas, Chris Subject: Dry Creek, Mr. Thomas i My name is and I live along Dry Creek.-I understand you are following-up on the mine located.up stream from us. I've attached two photos.of the creek taken this ' morning that show the milky coloring, of the creek. This is the second time within,the week. I've also taken water samples.. 'Thanks for. following up.and insuring that the mine does not cause any detrimental.effects is on what is currently considered to be a healthy -stream., Sincerely, 001 822 2 Pagel. of.2 • Thomas, Chris From: Phil Woodward [pwoodward@waterboards.ca.gov] Sent: Friday, November 30, 2007 10:24 AM TO:,',- Thomas, Chris Cc: - Thisilethwaiie', Chariest Breedon, Dan; Calarco, Peie; HLOFJiELi@dfg.ca.gov; JBrennan@dfg.ca.gov Subject: Re: FW: Dry Creek; New Era Mine? Thanks for.the information. I will be in Chico this weekend and perhaps Monday. -I will stop . by and take a look. Philip V.. Woodward Senior Engineering Geologist Central Valley Regional Water' Quality Control Board >>> 'Thomas, Chris" <CThomas@buttecounty.net> 11/30/2007 9:42 AM »> Phil - called again this morning to say that Dry Creek is again cloudy withsomething. sent the attached - they're not real clear_ but it does look as if something is in the stream. Would you be able tol investigate? Chris Thomas Associate. Planner Butte County Department of Development Services. '. 530.538.6706 (direct) 530.538.7601 (office); 530.538.2140 fax -----Original Message -,---- From: John Whittlesey, [ma iIto :johnccn@sunset.net l Sent: Friday; November 30, 2007-9:02 AM = To: Thomas, Chris 0 Q-1 823 Subject: Dry`Creek • Mr. Thomas My name is and I live along Dry Creek. I understand you are follow' ing up on th!e'mine located up stream from us. I've attached • • 4 i .::. Page l of 1 Ic Thomas, Chris From: Sent: Friday, November 30, 2007 4:04 PM To: Thomas, Chris Subject: Emailing: 100_0795, 100_0796,1000799, 100_0801 Attachments: 100_0795.JPG; 100_0796.JPG; 100_0799.JPG; 100_0801.JPG Chris, Attached are some pictures taken of the turbidity in Dry Creek. The first 2 (0795 and 0796) are from Tuesday Nov 27th. The last 2 are from today nov 30th. #0799 was at 0830 and #0801 was at 1530 this afternoon.was at the mine today and. while there theylWnd the miners) apparently"found" a eak in The settling pon The person in charge told her they would fix it soon. Thank You for your concern 001 825 Page 1. of 1 : • 'Thomas, Chris From: Breedon, Dan I! Sent: Monday, December 03, 2007 1:56 PM To: Thomas, Chris Subject: New Era fviine Call Chris; please call about this if you have not already. She left a message indicating milky water in Dry Cree . Mumber is: or —you will gel who will take down information. Thanks. ®an Breedon, AICP, Principal Planner Butte County Department of Development Services Advance Planning Section 7 County Center Drive, Oroville, CA 95965 Phone: 530-538-7629, Fax: 530-538-5366 Email: dbreedona-buttecounty.net Butte County General Plan 2030 Website: www.buttegeneralplan.net Ir: 00182.6 li � Pagel of .1 Thomas, Chris From: Phil Woodward [pwoodward@waterboards.ca.gov] Sent: Monday, December 03, 2007 4:10 PM To: Thomas, Chris Subject: Re: New Era Mine, Butte County Chris Due to the concerns and whatfound, I am going to try to join you. I tried to get by there today but ran out of time. Phil >>> '7hbmas, Chris" <CThomas@buttecounty. net> 12/3/2007 8:35 AM >>> Good Morning Phil, Just wanted to . pass on that isited the New Era on Friday and. believe the source of the sediment is from the bank of one (or perhaps more) of the sediment ponds that:apparently extends into the creek. She said it required going through some brush and down a steep slope to see — we'll be looking at it.on our visit this Wednesday. =• Chris Thomas Associate Planner Butte County Department of Development Services 530.538.6706. (direct) 530.538.7601 (office) 530.538.2140 (fax) 001827 0 Page 1 of .1 Thomas, Chris From: Scott Friend [SFriend@PMCWorld.com] Sent: Monday, December 03, 2007 9:11 PM To: Thistlethwaite, Charles; Snellings, Tim - Cc: Nash Gonzalez; Thomas, Chris 'Subject: New Era Mine Inspection and SMARA Services - PMC SMARA Contract Amendment. Importance: High Tim/Chuck, Good evening. I am writing to you tonight with a sense of urgency in regards to receiving word from the County as to the status of. PMC's contract amendment to provide SMARA services for the New Era Mine. As you know, we submitted a contract services amendment to you for this mine on November 26th 'so that we may be able to schedule and undertake the necessary services (inspection, reporting and FA processing) for the recently discovered New Era Mine. As of tonight, I have not received word as to the disposition of the County relative to. PMC's contract services amendment. The urgency. in this matter stems from the fact that Chris and Nash have scheduled an inspection for Wednesday of this week (tomorrow). Unless I can tell Nash that the contract amendment is approved, I cannot spend resources on this effort. Nash is planning on meeting Chris on Wednesday morning at your offices. However, need to let Nash know by 2:30-3:00 pm tomorrow whether or not he needs to come to the inspection. My apologies for being so "pushy" about this but I do need to get an answer from the County prior to PMC working on this task and prior to Nash traveling for this purpose. Thank you for your time and my apologies for the urgency of this email. Scott Friend, AICP . PNIC - Chico 140 Independence Circle, Ste. C Chico, CA 95973 Ph.#: 530-894-3469 ext. 214 (office) Ph.#: 530-228-8768 (cell) sfriende.omcworld.com 001828 i. . • Thomas, Chris From: Frank Noland [franknoland@northcontinent.comj Sent: Tuesday, December 04, 2007 10:59 AM To- Thomas, Chris Subject: RE: financial mechanism examples Thank youl From: Thomas, Chris[mailto:CThomas@buttecounty.net] Sent: Tuesday, December 04, 2007 10:45 AM To: franknoland@northcontinent.com; F.L. Ogee Subject: financial mechanism examples Attached are some examples. Chris Thomas Associate Planner Butte County Department of Development.Services 530.538:6706 (direct) 530.538.7601 (office) 530.538.2140 (fax) 00182.9 Page 1 of '1 Page 1 of • Thomas, Chris From: Frank Noland [franknoland@northcontinent.com] Sent: Tuesday, December 04, 2007 11:37 AM To: Thomas, Chris Subject: FW: Financial Assurance Attachments: Financial Assurance Guidelines.pdf Chris, We will have the check for the fee's related to the cost review as well as the Financial Assurances Cost Estimate document for you tomorrow. The financial assurances will be put on hold until after we receive the review of the estimate. Regarding the neighbors, we have done and will continue to do everything that we can to preserve the relations with all adjacent landowners. We follow the rules laid out by MSHA regarding visitors to our site and always adhere to all safety requirements to protect visitors as well as our employee's. We will continue this policy unless this puts us into a non-compliance issue with Butte County which serves as our lead agency. We look forward to seeing you tomorrow Sincerely, Frank Noland From: Thomas Chrismailto:CTh [ omas@buttecounty.net] Sent: Tuesday, December 04, 2007 10:40 AM To: franknoland@northcontinent.com; F.L. Ogle Cc: Thistlethwaite, Charles Subject: Financial Assurance Good Morning Frank, In answer to your question, the County, with input from the State Office of Mine Reclamation (OMR), must first review and approve the cost estimate prior to creating the financial assurance mechanism. Whatever the form of the mechanism, it must have the mine's California State Mine ID number on its face. As the New Era does not have a state id number yet, and as neither the County nor the OMR has reviewed and approved the cost estimate, it is premature at this time to create the assurance mechanism. That said, I'm attaching guidelines for financial assurances. I believe most operators here in the County use a surety bond, but other options are certainly available, including a certificate of deposit from which an operator can draw interest. The key element, aside from adequacy, is that the mechanism is payable to the County and the Department of Conservation. Thank you for promptly sending in the deposit fee for the'inspection. There is also a fee of $926.00 for review of cost estimates. These fees cover the cost for the County consultant's work and.his coordination with the Office of Mine Reclamation. Our consultant will review your cost estimate and prepare the annual inspection report and send both to OMR for their review. I understand some Dry Creek Road neighbors visited your operation the other day. We understand that is unusual for a mine operator to allow members of the public onto a mine site, but I wanted to let you know that we very much appreciate your willingness to be courteous with local residents in this instance as neighbor relations can be a very important issue with mining operations. • Sincerely, Chris Thomas 001830 i Page 2 of.2. Associate Planner • Butte County Department of Development Services 530.538.6706 (direct)- 530.538.7601 direct)530.538.7601 (office) 530.538.2140 (fax) Page 1 of 1 Thomas, Chris From: Frank Noland [franknoland@aspirion.com] : Sent: Thursday, December 06, 2007 8:35 AM • To: Thomas, -Chris Cc: cihistlewaite@butiecounty.net; 71. Ogle' Subject: Holdrege & Kull a Gentlemen, The New Era Mine retained the firm Holdrege & Kull following the mines annual inspection. Don Olsen, Principal of Holdrege & Kull visited the site immediately yesterday afternoon to begin addressing all issues that were brought to our attention. Don Olsen - P.E., C.E.G., C.H.G. Principal & General Manager, Chico Office Mr. Olsen has managed a wide variety of geotechnical, environmental, and solid waste engineering projects throughout California. Responsibilities have included client and regulatory agency consultation, proposal preparation, engineering, geology and hydrogeology field investigations, budget tracking, personnel supervision, civil and geotechnical engineering design, construction quality assurance engineering services, and report preparation. Don's • projects have included slope stability, retaining walls, shallow spread and deep pile . foundations, rock anchors and tie -back systems, consolidation settlement, lime and.cement treatment of expansive soil, road pavements, earth dams; levees, ground water seepage, and contaminant transport remediation. http://www.holdregeandkull.com/ Sincerely, Frank Noland r: 00.1832 Read:: Ineeting.reLucky 7 Pagel oft . • Thomas, Chris From: F.L. Ogle [flogle@aspirion.com] Sent: Thursday, December 06, 2007 11:07 AM To: Thomas, Chris Subject: Read: meeting re Lucky 7 Attachments: ATT1192443.txt Your message To: Cary gunn; Dave Everett; Frank Noland; Lee Ogle Subject: FW: meeting re Lucky 7 Sent: 12/6/2007 8:57 AM was read on 12/6/2007 11:06 AM. &I• 001833 Page 1 of 9' • Thomas, Chris From: Edell, Stuart Sent: Thursday, December 06, 2007 12:42 PM To: Thomas, Chris; Crump, Mike; Blixt, Thomas; Schroth, Eric Subject: FW: New Era Mine Attachments: HPIM2040.JPG; HPIM2033.JPG; HPIM2034.JPG; HPIM2035.JPG; HPIM2036.JPG; HPIM2037.JPG; HPIM2038.JPG; HPIM2039.JPG . From: Odekirk., Tom Sent: Thursday, December 06, 2007 8:49 AM. To: Edell, Stuart Cc: Warson, Jack Subject: New Era .Mine ' Stuart, Here are pictures taken at the New Era Mine property on Wednesday 12/05/2007. It is a mining operation so obviously it does not conform to the grading ordinance limitations. It is a cut &cover operation -material is excavated from pit #1, processed and returned to the same pit, continuing to final pit #11. 1 will give you a copy of their plan. i Approx.; 12 acres of disturbed area j . Cuts of 75',(benched at approx. 20' intervals) Fills of 20' 100,000 CY of material re -distributed on-site. The owner/ operator(s) express a willingness to.comply with requirements to continue to operate. The RWQCB rep. suggested they hire a licensed Civil Engineer immediately to insure all deficiencies of their BMP's are corrected promptly. Tom Odekirk \• 001534 I Page 2 of 9: Page 3. of,9 001 836 i • t _ "�... +yak;: `a�� ' ' •p, � _ l y5 > r L .�. -. v'� H'_'��' u T•v-s tir ar 2f r.� r` - r ea• %'-+'t`.r, r#- s ��'a �.. ? eb,,,` - -r q [ su•� � i. "' t o �- � ��xi-y ~ T c�.,C2�E�. eC, �y _ 1 •moi a � N ! > -r' - s ' ° • - 3 ;� "?s ry §tea , ..- r {y �`T•{F.<. crs.,•rra,�ry �. -+'. �yeF!" _ � d,. < q7 . � �. 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L itO 47. 54 Page 8.of 9 001841 i Thomas, Chris From: Thistlethwaite, Charles Sent: Friday, December 28, 20074:55 PM To: Thomas, Chris Cc: NGonzalez@PMCWorld.com; Calarco, Pete; Snellings, Tim Subject:. RE: New Era Mine SMARA Report importance: High Chris and Nash: On Frank Nolan specifically requested that. we DO NOT submit the backdated MRRC-2. reports to OMR. He has told me that they were intended to provide Butte County with information' on annual production to assist in our determination of the validity of the Mining Use Permit. He has stated to me they were not intended to demonstrate that annual mine. reporting requirement's under PRC 2207 had been satisfied.. I advised Mr. Nolan that an executed MRRC-2 report for 2006 should be submitted to OMR as soon as possible. These forms have been provided to Butte County and are part of our public record. However, I do not believe forwarding the back -dated reports is of benefit in*working towards bringing .this operation into compliance with County Code and state law. Pete, it is likely that submittal to OMR.of.the back -dated (and I believe signed) MRRC-2 reports would be viewed as an attempt to fraudulently evade the -annual reporting requirements of PRC 2207. The past and present mine operators' failure to file annual reports will likely result in the State's assessment of administrative penalties by in any event. "• Nash, I.am.sorry I did not bring you up to date on my conversation with Mr. Nolan earlier. I am traveling out of the country until January 15, 2007, so I am asking you and Chris to work with Pete Calarco on this issue in my absence. Thanks, Chuck Charles S. Thistlethwaite, AICP Manager, Planning Division Butte County Department of Development Services E-mail: CThistlethwaite@buttecounty.net Phone: (530) 538.-6572 FAX: (530) 538-2140 -----Original Message= ---- From: Thomas, Chris S.ent: Friday, December 28, 2007 4:05 PM To: Thistlethwaite, Charles Subject: FW: New Era Mine SMARA Report Chuck - just an fyi from Nash. Have a nice weekend. Chris 'i -----Original Message----- From: Nash Gonzalez (mailto:NGonzalez@PMCWorld.com) Sent: Friday, December 28, 2007 2:00 PM to: Thomas, Chris Cc: Nate Anderson Subject: New.Era Mine SMARA Report Hi Chris: Hope you had a great Christmas. 1 001842 I am attaching a draft of the cover letter for you review andsignature for the New'Era ii Mine for submittal to OMR. I reviewed the cost estimates that were provided to us in the field and they are definitely too low (they estimated approx. $24,000). But since we have reviewed them, I believe we need to submit them to OMR as well just so that they have a record of them as.well. u • �IU Nate .will put send the actual electronic report .over to you the first part of next week so that you may include a site plan and location map. In addition what should be submitted to OMR with the. SMARA report is: Copies of the back -dated MRRC-2 reports that the operator submitted (provide copies of all of the reports 1981 to 2007); Also a copy of the Financial Assurance Cost estimates that were submitted to'us on December 5, 2007 in the field. A copy of the site plan that Frank Nolan provided to us in the field that illustrates the ponds. If the 30 -day violation letter has gone out to the operator, then also include a.copy.of. said letter to OMR as well. This should provide OMR with a complete package of the submittal and a record for their files. Thanks, Nash Gonzalez, AICP Senior Associate 1590 Drew Avenue, Suite 120 Davis, CA 95616 Tel: (530) 750-7076 Cell: (707) 332-6263 Fax: (707).463-2566 e-mail: ngonzalez@pmcworld.com www.pmcworld.com <http://www.pmcworld.com/> 2. 0018-43 w• 11C Thomas; Chris From: Nash Gonzalez [NGonzalez@PMCWorld.com] Sent: friday, December 28, 2007 5:03 PM To: Thistlethwaite, Charles Cc: Thomas, Chris Subject: RE: New Era Mine SMARA Report Chuck. Thanks for the update. I will amend the report and cover letter to reflect the change. Nash Sent from my GoodLink synchronized handheld (.www.good.com) K -----Original Message ----- From: Thistlethwaite, Charles [mailto:cthistlethwaite@buttecounty.net] Sent:. Friday, December 28, 2007 04:55 PM Pacific Standard Time To: Thomas; Chris Cc: Nash Gonzalez; Calarco, Pete; Snellings, Tim Subject: RE: New Era Mine SMARA Report. Chris and Nash: On Frank Nolan specifically requested that we DO NOT submit the backdated MRRC-2 reports to OMR. He has told me that they were intended to provide Butte County.with information on annual production to assist in our determination of the validity of the Mining Use Permit. He has.stated to me they were not intended to demonstrate that annual mine reporting requirements under PRC 2207 had been satisfied. I advised Mr. Nolan that an executed MRRC=2 report for 2006 should be submitted to OMR as soon as possible. These forms have been provided to Butte County and are part of our public record. However, I do not believe forwarding the back -dated reports is of benefit in working towards bringing this operation into compliance with County Code and state law.. Pete, it is likely that submittal to OMR of the back -dated (and.I believe signed) MRRC--2 reports would be viewed as an attempt to fraudulently evade the annual reporting requirements of PRC 2207. The past and present mine operators' failure to file annual reports will likely result.in the State's assessment of administrative penalties by in any. event. Nash,I am sorry I did not bring you up to date on my.conversation with Mr. Nolan earlier. I am traveling out of the country until January 15, 2007, so I.am asking you and Chris to work with Pete Calarco on this issue in my absence. Thanks, Chuck Charles S. Thistlethwaite, AICP Manager, Planning Division Butte County Department of Development Services E-mail: CThistlethwaite@buttecounty.net Phone: (530) 538-6572 FAX: (530),538-2140 -----Original Message ----- From: Thomas, Chris •Sent: Friday, December 28, 2007 4:05 PM To: Thistlethwaite, Charles Subject: FW: New Era Mine SMARA Report Chuck - just an fyi from Nash. Have a nice weekend. 1 001 844 . !, Chris -----Original Message----- From: Nash Gonzalez (mailto:NGonzalez@PMCWorld.com) Sent: Friday, December 28, 2007 2:00 PM To: Thomas, Chris Cc: Nate Anderson Subject: New Era Mine SMARA Report Hi Chris: i Hope you had a great Christmas. I am attaching a draft of the cover letter for you review and signature for the New Era Mine for submittal to OMR. I reviewed the cost estimates that were provided to us in the field and they are definitely too low (they estimated approx. $24,000). But since we have reviewed them, I believe we need to submit them to OMR as well just so that they have a record of them as well. Nate will put send the actual electronic report over to you the first part of next week so that you may include a site plan and location map.. In addition what should be submitted to OMR with the SMARA report is: Copies of the back -dated MRRC-2 reports that the operator submitted (provide copies of all of the reports 1981 to 2007); Also a copy of the Financial Assurance Cost estimates that were submitted.to us on December 5, 2007 in the field. • A copy of the site plan that Frank Nolan provided to.us in the field that illustrates the ponds. If the 30 -day violation letter has gone out to the operator, then also include a copy of said letter to OMR as well. This should provide OMR with a complete package of the submittal and a record for their files. ii Thanks, Nash Gonzalez, AICP Senior Associate 1590 Drew Avenue, Suite 120 Davis, CA 95616 Tel: (530) 750-7076 Cell: (707) 332-6263 Fax: (707) 463-2566 e-mail: ngonzalez@pmcworld.com www.pmcworld.com <http://www.pmcworld.com/> 2 001845 119 �IU Thomas, Chris From: Thistlethwaite, Charles :Sent: :Friday,' December 28, 2007 5:44 PM To: Nash Gonzalez Cc: Thomas, Chris; Calarco, Pete Subject: RE: New Era Mine SMARA Report Nash, Thanks, I realize not bringing you in on my conversation with Mr. Nolan put you in a difficult spot. Butte County is fortunate to have you working for us on our SMARA program and especially the New Era and Carr mines. Take care and Happy New Year, Chuck Charles S.!Thistlethwaite, AICP Manager, Planning Division Butte County Department of Development. Services - E -mail: CThistlethwaite@buttecounty.net Phone: (530) 538-6572 FAX: (530) 538-2140 -----Original Message ---- From: Nash Gonzalez [mailto:NGonzalez@PMCWorld.com) Sent: Friday, December 28, 2007 5:03 PM To: Thistlethwaite,,Charles Cc': Thomas., Chris Subject: RE: New.Era Mine SMARA Report. Chuck. Thanks for the update. I will amend the report and Nash cover letter to reflect the chang.e.... Sent from my GoodLink synchronized handheld (www.good.dom) -----Original Message ----- From: Thistlethwaite, Charles[mailto:cthistlethwaite@buttecounty.net) Sent: Friday, December 28, 2007 04:55 PM Pacific Standard Time To: Thomas, Chris Cc: Nash Gonzalez; Calarco, Pete; Snellings, Tim Subject: RE: New Era Mine SMARA Report 001.846 Chris and Nash:- ----- Original ash:_ On Frank Nolan specifically requested that we.DO NOT submit the backdated MRRC-2 reports to OMR. 'He has told me that they were intended to provide Butte County with information on annual production to assist in our determination of the validity of the Mining Use Permit. He has stated to me they were not intended to demonstrate that annual mine reporting requirements under PRC 2207 had been satisfied. I advised Mr. Nolan that an executed MRRC-2 report for 2006 should be submitted to OMR as s.00n as possible. These forms have been provided to Butte County and are part of our public record. However, I do not believe forwarding the back=dated reports is of benefit in working. • towards bringing this operation into compliance with County Code and state law. Pete, .it is likely that submittal to OMR of the back -dated (and I believe signed) MRRC-2 reports would be viewed as an attempt to fraudulently evade the annual reporting requirements of PRC 2207. The past and present mine operators' failure to file annual reports will likely result in the State's assessment of administrative penalties by in. any 1 event. �._.,.. Nash, I am sorry'I did not bring you up to date on my conversation with,Mr. Nolan earlier. I am traveling out of the country.until January 15, 2007, so I am asking you and Chris to work with Pete.Calarco on this issue in my absence. Thanks, Chuck Charles S. Thistlethwaite, AICP Manager, Planning Division Butte County Department of Development Services E-mail: CThistlethwaite@buttecounty.net Phone: (530) 538-6572 FAX: (530) 538-2140 -----Original Message ----- From: Thomas, Chris Sent:. Friday, December 28,.2007 4:05 PM . To.: Thi.stlethwaite, Charles Subject: FW: New Era Mine SMARA Report Chuck - just an fyi from Nash. Have a nice weekend. Chris -----Original Message ----- From: Nash Gonzalez [mailto:NGonzalez@PMCWorld.com] Sent: Friday, December 28, 2007 2:00 PM To: Thomas, Chris Cc: Nate Anderson Subject: New Era Mine SMARA Report Hi Chris: Hope you had a great Christmas. I am attaching a draft of the cover letter for you review and signature for the New Era Mine for submittal to OMR. I reviewed the cost esti'mate's that were provided to us in the field and they are definitely too low (they estimated approx. $24,000). But since we have reviewed them, I believe we need to submit them to OMR as well just so that they have a record of them as well. Nate will put send the actual electronic report over to you the first part of next week so that you may include a site plan and location map. In addition what should be submitted to OMR with the SMARA report is: Copies of the back -dated MRRC-2 reports that -the operator submitted (provide copies of all of the reports 1981 to 2007); Also a copy of the Financial Assurance Cost estimates that were submitted to us on December 5, 2007 in the field. A copy of the site plan that Frank Nolan provided to us in the field that illustrates the ponds. If the 30 -day violation letter has gone out to the operator, then also include a copy of said letter to OMR as well. •This should provide OMR with a complete package of the submittal and a record for their files. Thanks, 2 0 10 1 B47% Nash Gonzalez, AICP Senior Associate 1590 Dr6w Avenue, Suite 120 Davis, CA 95616 Tel: (530) 750-7076 Cell: (70J.)..332-6263 Fax: (707) '463=2566 e-mail: ngonzalez@pmcworld.com www.pmcworld.com <http://www.pmcworld.com/> iu• 00184-8 Thoftias, Chris From:. Nash Gonzalez [NGonzalez@PMCWorld.com] I Sent: Monday, December 31, 2007 8:23 AM To: Thomas, Chris Cc: Thistlethwaite, Charles; Nate Anderson Subject: Revised cover letter to OMR for New Era Mine Aitachments: OMR inspection Report Cover leiter 12-28-07 for New Era Mine.doc OMR InspecUon. i' Report Cover le... Chris: Please find attached the revised cover letter to OMR regarding the New Era Mine. I have removed the reference to the back -dated MRRC-2 forms. Therefore the only items.that should be transmitted to OMR at this time will be: 1. The, SMARA Report along with photos and location maps; 2. The Financial Assurance Cost Estimate that was submitted by the operator Disregard the previous cover letter I sent you last week.and use.this revised one instead. i Thanks Nash Gonzalez, AICP • 1590 Drew Avenue, Suite 120 Davis, CA 95616 Tel: (530) 750-7076, Ext. 301 Cell: (707) 332-6263 Fax: (707) 463-2566 e-mail:.ngonzal.ez@pmcworld.com www.pmcworld.com <http://www.pmcworld.com/>. 001849-17 r• CJ Thomas, Chris From: Jeff Drongesen [JDronges@dfg.ca.gov) Sent: Wednesday, January 02, 200811:22 AM To: Thomas, Chris; Bob Hosea Cc: Jenny Marr Subject: RE: Fwd: 1600 permit for the New Era Mine, 4095 Dry CreekRoad(Butte Valley area) Bob Please.work directly with.Chris on this issue. Thanks Jeff. >>> "Thomas, Chris" <CThomas@buttecounty.net>.12/27/2007 12:57 PM >>> Jeff, I haven't heard from Bob yet regarding the 1600 status for the above operation. I know you folks are busy, but whenever you have a chance we would appreciate knowing. Thanks, Chris Thomas Associate Planner Butte County Department of Development.Services 530.538.6706 (direct) 530.538.7601 (office) 530.538.2140 (fax) -----Original Message----- - From: Jeff Drongesen [mailto:JDronges@dfg.ca.gov] Sent: Monday, December 17, 2007 1:37 PM To: Thomas, Chris; Bob Hosea Cc: Henry Lomeli; Jenny Marr Subject: Re:.Fwd: 1600 permit for the New Era Mine, 4095 Dry Creek Road(Butte Valley area) Bob is our guy for Butte Co 1600s. now Bob- Please.contact Chris Thomas, Associate Planner, Butte County Department of Development Services, 530.538.6706 (direct), 530.538.7601 (office), 530.538.2140 (fax) to answer his' questions. Thanks Jeff >>> Jenny Marr 12/14/2007 3:13 PM >>> Jeff; I'm not sure who in your 1600 team might be able to assist the Butte County Planning Department with this inquiry. I will respond to his message that.I don't have any .additional information for them. Best, Jenny >>> "Thomas, Chris" <CThomas@buttecounty.net> 12/14/2007 2:57 PM >>> . Hello, 001850, . • The above mine has recently expanded operations considerably on the hillside immediately west of Dry Creek and, although a permit was issued in 1982 for the mine, we believe it may have lapsed. Condition of Approval #2 for Use Permit 81-135.requi.red the operator to obtain "a current streambed alteration permit, for any work within or near Dry Creek." It 1 appears the operator was issued a_pefmit by Gaylan Tay or or e perio e ween Aprli 20, 1988 and April 20, 1989 (Notification No. II -240-88), but I have no other recordof a • current or valid 1600 permit (although the operator maintains the 1988 permit is still. j! valid). We are researching the operation in .regards.to compliance with the original permit, County Code and SMARA.. Josh Brennan was out at the site last. June and reported that it.was..a small operation, but.I believe much of the disturbance evident in the attached pictures has occurred since that time. Josh told me a few days ago that he would try to. get out next week;. I'm writing to ask if you or any other local DFG colleagues have any knowledge, of this mine. From our site visit on December 5, 2007, it appears that recent disturbance. - has -occurred in the riparian zone, although we saw no obvious evidence of sediment in the creek itself. (That said, I have received phone calls from downstream residents on Dry Creek Road that sediment has been in the stream over the past month.) Phil Woodward from the Regional Board was also out at the site during our visit. I"ve asked Sandy Avilla with DFG in Sacramento about the 1600 permit status for this proPerty but have'not heard back. As.we must address this situation as quickly as possible, it would be a big help to know how the current operation stands with Fish.and Game. Sincerely, Chris Thomas • Associate Planner I Butte County Department of Development Services 530.538.6706 (direct) 530.538.7601 (office) 530.538.2140 (fax) 2 001851 Thomas, Chris From: Nash Gonzalez [NGonzalez@PMCWorld.com] Sent: Monday, January 07, 2008 10:54 AM To: Thomas, Chris Subject: RE: New Era 2007 Inspection Report Do not use.this-report:CD, lets wait for the second one. Sent -from. my GoodLink synchronized handheld (www.good.com) i ' -----Original Message -=--- From: Thomas, Chris(mailto: CThomas@buttecounty. net] 'Sent: Monday, January 07, 200810:32 AM Pacific Standard Time To: Nash Gonzalez Subject: New Era 2007.Inspection Report Nash - The one cd sent by Nate with a nine page inspection report makes one mention of the back dated MRRC-2 reports in Violation.2,,page 3:."It should be noted that back -dated MRRC-2 forms.were provided to County staff. It appears that the 2007 on-line form was utilized and back -dated for years going back to 1982." Is this the version that should be sent? Attached 'is the cleanup and abatement order from the Board. Thanks, Chris Thomas Associate Planner Butte County. Department of Development Services 530.538.6706.(direct) 530.538.7601 (office) 530.538.2140 (fax) 0018,2' Thomas, Chris Page.I of a..:. From: Phil Woodward [pwoodward@waterboards.ca.gov] Sent: Tuesday, January 08, 2008 12:58 PM To: Thomas, Chris - Cc: Thistlethwaite, Charles; Calarco, Pete; NGonzalez@PMCVVorld.com Subject: Re: New Era Mine I was out there on Friday (the day of the big winds). They are.doing very well in getting•a handle onthings, but the rain is slowing things down . I this point I think they have done all that can be done until it drys out a bit. Under the current weather condtions, it was becomming a safety. concern as well as the cure being worse than the problem. They had completed enough of the drainage controls to .prevent unnecessary run-on probelms and . prevented the large discharges of sediment to the creek. We are OK with the progress, but we will stay on them to.get things completed. Philip V. Woodward Senior Engineering Geologist Central Valley Regional Water Quality Control Board >>> "Thomas, Chris" <CThomas@buttecounty.net> 1/8/2008 12:43 PM »> Hello Phil — Following up on the New Era, do you plan on re -inspecting at any point? To date, have they satisfactorily moved to comply with your cleanup and abatement order? Thanks and Happy New Year. Yours', Chris Thomas Associate Planner Butte County Department of Development Services 530.538.6706 (direct) 530.538.7601 (office) 530.538.2140 (fax) Af • t�• �Ir: si• :.. of a Thomas, Chris From: Breedon, Dan Sent: Friday, January 11, 2008 10:29 AM To: Thomas, Chris Subject: RE: New Era Mine 30 day letter Chris I just referred an OMR staffer to you on this matter. I noted to him that this letter had been -copied to OMR but he did not have a copy. Unfortunately his name escapes me. He sounded pretty gung ho, so it may be the same guy you have worked with before. . Dan Breedon, AICD, Principal Planner Butte County Department of Development Services Advance Planning Section 7 County Center Drive, Oroville, CA 95965 . Phone: 530-538-7629, Fax: 530-538-5366 Email: dbreedon0_)buttecounty.net Butte County General Plan 2030 Website: www. butte eq neralplan.net From: Thomas, Chris Sent: Monday, December 31., 2007 10:51 AM To: Breedon, Dan Subject: New Era Mine 30 day letter Here you go... Chris Thomas Associate Planner . Butte County Department of Development Services 530.538.6706 (direct) 530.538.7601 (office) .530.538.2140 (fax) 001 854 From: i Sent:. Monday, January 1.4, 2008 9:47 PM To: Thomas, Chris Subject: NEW ERA MINE HELLO, CHRIS, COULD I BE ADDED TO. LIST OF PEOPLE UPDATED REGARDING NEW ERA MINE SITUATION. ALSO, HOW WILL THE REGIONAL WATER BOARD CLEANUP AND ABATEMENT ORDER AFFECT THE COUNTY'S ISSUING A PERMIT IN JANUARY? I NOTICED RWB SET A SERIES OF DATES FOR NEW ERA TO COMPLY WITH. WILL THE MINE HAVE TO MEET THESE BEFORE A PERMIT IS ISSUED? THANKS FOR THE HELP. i Start the year off right. Easy ways to stay in shape in the new year. 00185.5 Thoafsas, Chris From: Bob Hosea [bhosea@dfg.ca.gov] I: Sent:. Tuesday, January. 15, 2008,10:25 AM To: Thomas, Chris Subject: Re: New Era Mine 1600 status 6i• The warden is.slated to go out to the'site in the next couple of days and will get back to me. At that time we'll decide if they are in violation of 1600. -Bob »>."Thomas, Chris" <CThomas@buttecounty.net> 1/15%2008 10:06 AM »> Good Morning Bob, Staff is meeting with the operators tomorrow at .3 pm regarding their lapsed permit. Have you had a chance to review their 1600 status? On January'21 we will be setting a Planning Commission hearing date for this matter and, again, Fish and Game's input would be most valuable. ,Thanks, Chris Thomas Associate Planner Butte County Department of Development Services 530.538.6706 (direct) 530.538.7601 (office) 530.538.2140 (fax) 001 856. ire o• Page j_of :1 Thomas, Chris From: Craig, Douglas [Douglas.Craig@conservation.ca.gov) ? 7 Sent: Tuesday, January 15, 2008 3:20 PIVI To: Thomas, Chris Subject: RE: UP 817135 and Reclamation, Plan, New Era Mine I.have a meeting at 3:30, which should be brief. I'll be available from 4-5. Let's. try to hook up sometime after 4. From: -Thomas, Chris [mailto.:CThomas@buttecounty.net] Sent: Tuesday, January 15, 2008 3:06 PM To: Craig, Douglas. - Subject: UP 81-135 and Reclamation Plan, New Era Mine. Doug, Here you go. Our Assistant Director, Pete Calarco, would like to talk with you. Would you be available at your number about 3:30? Thanks, Chris Thomas Associate Planner Butte County Department of Development Services 530.538.6706 (direct) 530.538.7601 (office) 530.538.2140 (fax) 0018*57 II• Page J..of.l. Thomas, Chris f ro'rn: Calarco, Pete Sent: Tuesday, January 15, 2008 5:27.PM To: dcrag@conservation.ca.gov Cc: Thomas, Chris Subject: Thanks for the call Doug, thanks chatting today about the New Era Mine and agreeing to attend our meeting tomorrow. It sounds like we're on the same page. I appreciate your offer to assist.uswith the Order letter. Hopefully we can discuss some ideas in the near future for our SMARA ordinance update regarding efficiencies in enforcement procedures., Pete Calar co Assistant Director Butte County Development Services County Center Dr Oroville CA 95965 (530) 538-2167'. page. Thomas, Chris From: Sent: Tuesday, January 15, 2008 8:47 PM To: Thomas, Chris Subject: Re: NEW ERA MINE -CHRIS: IS THERE A TIMEAND PLACE FOR THE JANUARY 21ST MEETING SET YET? i i Start the year off right. Easy -ways to stay in shape' in the new year. j 110 Thomas, Chris From: Odekirk, Tom Sent: Wednesday, January 16, 2008 11:01 AM To: Thomas, Chris Subject: RE: New Era Mine Chris, I did use the provided site plan, and based on the property dimensions, estimated the actual disturbed area, 1300' x 400' approximately. .Tom Odekirk From: Thomas, Chris Sent:. Wednesday, January 16, 2008 7:57 AM To: Odekirk, Tom Subject: New Era Mine Hi Tom — Just wanted to double check with you how you came up with the 12 acre disturbance area for the New Era —was.. that based on the site plan they provided? Thanks, Chris Thomas Associate Planner Butte County Department of Development Services 530.538.6706 (direct) 530.538.7601 (office) 530.538.2140 (fax) V�' � 001 860 c: Thomas, Chris From: Calarco, Pete Sent: Thursday, January 17, 2008 10:33 AM To: Snellings, Tim; Thistlethwaite, Charles; dcraig@consrv.ca.gov; Thomas, Chris Subject: clarification/correction of my statements Thank you for meeting yesterday on the New Era Mine.. I need to correct some statements I made during our brainstorming session after the meeting. Early in our brainstorming session, I mentioned that the current mining activity is outside of the boundary of the 1982 rec plan/permit. This may not be the case. Chris Thomas briefed me further on the file materials and it may be that the Planning Commission approval in 1982 includedmining activities for the entire parcel. At this point, I suggest that we reserve confirmation of this aspect until we research. the'file materials further — contrary to what I mentioned earlier in the meeting. Thank you. —pete Pete Calarco .Assistant Director Butte County Development Services 7 County Center Dr Oroville CA 95965 (530) 538-2167 001861 Page : l ;of. I..' Thomas, Chris From: Snellings, Tim Sent: Friday, January 18, 2008 10:34 AM j -To: -.- Thomas, Chris; Calarco, Pete;.Thistlethwaite, Charles Subject: New Era: please draft ... Chris: Please draft an email for me to send to the guys (and include their email addresses as I don't have them with me).at New Era Mine to give them and us some more time to put together our strategy (that we need to review with F&G and OMR. I know that it's not necessary from the perspective of the. Notice of Violation. However, there is what appears to them as a deadline that they are not going to meet and I know that they will be concerned to go past it without something from us. I would suggest that you include something like'as a follow up to our meeting on ... where you provided Ys -with. . information about the operational history ... our department is still reviewing this information. As a result of your efforts to stabilize the site and provide us this information, you are hereby granted 15 days for...' Hopefully, this makes sense. Feel free to call me at my home office a Thanks, Tim i EI• :• e nomas, unns From: Snellings, Tim Sent: Friday, January 18, 2008 11:03 AM To: Thomas, Chris Subject: RE: New Era: please draft ... Thanks. I. look forward to reviewing it and sending it off to buy US a little bit of time. Tim From: Thomas, Chris Sent: Fri 1/18/2008 10:.58 AM To: Snellings,.Tim Subject: RE: New Era: please draft ... Will do, Tim. I'll start on it now and should have a draft in an hour or so Chris From: Snellings, Tim Sent: Friday, January 18, 2008 10:34 AM To: Thomas, Chris; Calarco, Pete; Thisdethwaite, Charles • Subject: New Era: please draft ... Chris: Please draft an email for me to send to the guys (and include their email addresses as l don't have them with me) at New Era Mine to give them and us some more time to put together our strategy (that we.need to review with F&G and OMR. I know that it's not necessary from the perspective of the Notice of Violation. However, there is what appears to them as a deadline that.they are not going to meet and I know that they will be concerned to go past it without something from us. I would suggest that you include something like.'as a follow up to our meeting on ... where you provided us with information about the operational history ... our department is still reviewing this information. As a result' f your efforts to stabilize the site and provide.us this information, you are hereby granted 15 days for...' Hopefully, this makes sense. Feel free to call me at my home office a Thanks, Tim � oo�s �. 63 Page 1 of:2 .. • Thomas, Chris From: Snellings, Tim Sent: Friday, January 18, 2008 12:48 PM To: Thomas, Chris Cc: 7histlethwaite, Charles; Calarco, Pete Subject: RE: Draft email to New Era operators regarding extension of time for NOV Chris: The only thing I.would add to the end is for them to contact you if they have any questions via email or phone. This covers.what I was thinking that we need to address TODAY.. Please send this when you're ready,.. but make sure it's today. Please go ahead and send it from you and cc Pete, Chuck and me. Thanks, Tim From: Thomas, Chris Sent: Fri 1/18/2008 12:31 PM To: Snellings; Tim Cc: Thistlethwaite, Charles; Calarco, Pete Subject: Draft -email to New Era operators regarding extension of time for NOV Tim, Here is a draft. The intended message is that unless we are shown otherwise, an order to comply will be issued on Feb. 4. Dear Messrs. Ogle and Noland, Thank you .for meeting with Development Services staff on January 16, 2008 to discuss the validity of Use Permit 81-135; the reclamation plan and financial assurance mechanism for the New Era Mine. We. appreciate the .effort you have taken to present your information in a cohesive manner. Additionally, and in light of recent weather, werecognize the extensive work you have undertaken to stabilize the New Era site as required by the Cleanup and Abatement Order from the Central Valley Regional Water . Quality Control Board. As you know, the December 20, 2007 Notice of Violation sent to you and Ronald Logan requires that you demonstrate a valid permit, reclamation plan and financial assurance mechanism for the New Era Mine by Monday January 21, 2008. As Staff requires more time to evaluate the information you have provided, and in recognition of you efforts to stabilize. the site, we will defer issuance of the order to comply until February 4,'2008. During this time, we ask that you provide us with any additional dated information demonstrating continuing operations at the New Era Mine for the period between 1982 and 2007. Such information could include bank statements reflecting expenses and/or profits, equipment rentals, employee pay stubs, or any other dated evidence of mine operations. If, after reviewing information so far provided and any additional information, Staff determines that Use Permit 81-135 has lapsed, an order will be issued requiring submittal of an application fora permit, a reclamation plan and • a financial assurance mechanism. Per Butte County Code Section 13-116, that Order, if issued; will not. take effect before you have been provided a hearing before the planning commission. As noted in the December 20, 2008 Notice of Violation, any activities to stabilize or rete c ent ��1 004 Page 2 of 2 operation as ordered by a state or local agency would not be considered a violation. Sincerely, Tim Spellings ;> Director,. Department of Development Services Let me know what you think. Thanks, Chris Thomas Associate Planner Butte County Department of Development Services 530.538.6706 (direct) 530.538.7601 (office) - 530.538.2140 (fax) !I• 1140 001865 • Page 1 of.2, Thomas, Chris From: Snellings, Tim . Sent: Friday, January 18, 2008 3:36 PM To: Thomas, Chris Subject: KE: New Era Mine Well done Chris. We'll discuss on Tuesday...have a nice, long weekend, Tim From: Thomas, Chris Sent: Fri 1/18/2008 3:29 PM To: franknoland@northcontinent.com; T.L. Ogle' Cc: Snellings, Tim; Calarco, Pete; Thistlethwaite, Charles; Craig, Douglas Subject: New Era Mine Dear Messrs. Ogle and Noland, Thank you for meeting with Development Services staff on January 16,.2008 to discuss the validity of Use Permit 81-135, the reclamation plan and the financial assurance mechanism for the New Era Mine. We appreciate the effort you have taken to present your information in a cohesive manner. Additionally, . and in light of recent weather; we recognize the extensive work you have undertaken to stabilize .the New Era site as required by the Cleanup and Abatement Order from the Central Valley Regional Water Quality Control Board. As you know, the December 20, 2007 Notice of Violation sent to you and Ronald Loganrequires that you demonstrate a valid permit, reclamation plan and financial assurance mechanism for the New Era Mine by Monday January 21, 2008.. As Staff requires more time to evaluate the information you have provided, and in recognition of your efforts to stabilize the site, we will defer our determination on the order to comply until February 4, 2008. During this time, we ask that you,provide us with any additional dated information. demonstrating. continuing operations at the New Era Mine for the period between 1982 and 2007. Such information could include bank statements reflecting expenses and/or profits, equipment rentals, employee pay stubs, or any other dated evidence of mine operations. If, after reviewing information so far provided and any additional information, Staff determines that Use Permit 81-135 has lapsed or is otherwise invalid for the current operation, an order will be issued requiring submittal of an application for a use permit, a reclamation plan and a financial assurance mechanism: Per Butte County Code Section 13-116, that order will not take effect before you have been provided a hearing before the planning commission. As noted in the December 20, 2008 Notice of Violation, any activities to stabilize or restore the current operation as ordered by a state or local agency would not be considered a violation. Should you have any questions, please contact Chris Thomas, Chuck Thistlethwaite or Pete Calarco by phone or email. Sincerely, • Tim Snellings Director, Department of Development Services i' Chris Thomas • Associate Planner Butte County Department of Development Services 53 0.53 8.6706 .(direct) 530.538.7601 (office) 530.5382140 .(fax) 001867 Page 2 of 2 Page 3 of 4. reclamation plan and financial assurance must reflect the current operation. • ? Concern has-been expressed about the condition of?Dry.Creek Road.? The operators are aware of this issue; staff will address repairs to the road in its determination.? I spoke with Mr. Ogle on Friday about' heavy trucks travelling to the New Era and road safety and I will repeat my concerns to him. Many of you have asked to'remain anonymous.? Staff has not and will not reveal to the New Era operators or Mr. Logan the.names of any residents concerned about the.New Era operation. ?? Sincerely, Chris Thomas Associate Planner Butte County Department of Development Services • 530.538.6706 (direct) 53.0,538.7601 (office) 530.538.2140 (fax) 001868 Dear Messrs. Ogle and Noland, Thank you for meeting with Development Services staff on January 16, 2008 to discuss the. validity of Use Permit 81-135, the reclamation plan and the financial assurance mechanism for the New Era Mine.? We appreciate the .effort you have taken to present your information in a cohesive manner.? Additionally, and in light of recent weather, we recognize the extensive work you have undertaken to stabilize the New Era site as required by the Cleanup and Abatement Order from the Central Valley Regional Water Quality Control Board. As you know, the December 20, 2007 Notice of Violation sent to you and Ronald Logan requires that you demonstrate a valid permit, reclamation plan and financial assurance mechanism for the New Era Mine by Monday January 21, 2008.? As Staff requires more time to evaluate the information you have provided; and in recognition of your efforts to Page.4 of 4 j stabilize the site, we will. defer our determination on the order to comply until February 4, • 2008.? During this time, we ask that you provide us with any additional dated information demonstrating continuing. operations at the New Era Mine for the period between 1982 and 2007.? Such information could include bank statements reflecting.expenses and/or profits, equipment rentals, employee pay stubs, or any other dated evidence of mine operations.? If, after reviewing information so far provided and any additional information, Staff determines that Use Permit 81-135 hiss lapsed or is otherwise invalid for the current operation, an order will be issued requiring submittal of an application for a use permit, a i' reclamation plan and a financial assurance mechanism.? Per Butte County Code Section 13- 116, that order will not take effect before you have. been provided a hearing before the planning commission. . As noted in the December 20, 2008 Notice of Violation, any activities to stabilize or restore the current. operation as ordered by a state or local agency would not be considered a violation.. i Should you have any questions, please contact Chris Thomas, Chuck Thistlethwaite or Pete Calarco by phone or email. Sincerely, 9 Tim Snellings Director, Department of Development Services 0018.69 fl• s • • On Jan 22, 2008, at 10:15 AM, wrote: Begin forwarded message: From: 'Thomas, Chris" <CThomas(a)buttecounty net> Date: January 22, 2008 10:04:27 AM PST To: Tim" <TSnellings anbuttecounty.ne Subject: New Era Mine update Good Morning, Page 2.6f 3' "Calarco, Pete" <PCalarco cDbuttecounty. net>, "Snellings, Last Wednesday, January 16, .2008, Development Services staff met with the operators of the New Era Mine, Frank Noland and Lee Ogle (of North Continent Land & Timber). Two representatives from the Office of Mine Reclamation were also present, as was a representative from the Central Valley Regional Water Quality Control Board., Mesrrs. Noland and Ogle continued to argue that the New Era operation is permitted to mine under Use Permit 81=135 and presented a fair amount of information they believe demonstrates that the New Era has continuously operated since first permitted in May of 1982. Under Butte County .Code, anapproved use.permit may be revoked by the planning manager if the use for which the permit was granted has ceased or has been suspended for a period of twelve consecutive months. Staff requires additional time to assess the material produced by the operators and sent the email below allowing a 15 day extension to the Notice of Violation deadline of January 21. Again, three items are required for a mine operation: a use permit, a reclamation plan,_ and financial assurance that reclamation will be completed. The reclamation plan and financial assurance must' reflect the current operation. Concern has been expressed about the condition of Dry Creek Road. The operators are aware of this issue; staff will address repairs to the road in its determination. I spoke with Mr. Ogle on Friday about heavy trucks travelling to the New Era and road safety and I will repeat. my concerns to him. Many of you have asked to remain anonymous. Staff has not and will not reveal to the New Era operators or Mr. Logan. the names of any residents concerned about the New Era operation. Sincerely, Chris Thomas Associate Planner Butte County Department of Development Services 530.538.6706 (direct) 530.538.7601 (office) 530.538.2140 (fax) Dear Messrs. Ogle and Noland, Thank you for meeting with Development Services staff on January 16, 2008 to discuss the validity of Use Permit 81-135, the reclamation plan and the financial assurance mechanism for the New Era Mine. We appreciate the effort you have taken to present your information in a cohesive manner. Additionally, and in light.of recent weather, we recognize the extensive work you have undertaken to stabilize the New Era site as required by the Cleanup and Abatement Order from the Central Valley Regional Water Quality Control Board. 001870 • 0 'Page I .of 3 Thomas., Chris From: Sent: Tuesday, January 22, 2008 1:11 PM To: Thomas, Chris' ... Subject: RE: New Era Mine update Dear Mr. Thomas, I hope.you don't mind my questions, because I have a few more, based on my reading of the original permit: 1) 1 see that there is a mention of a Phase I and a Phase 11; that Phase I must be satisfactorily met before permission is granted to procede to Phase II. Are these stages stipulated anywhere? Are they claiming Phase] has been met? -or -Phase II? 2) I see that the permit. is for "a placer gold mine." Does this limit the scope? 3) I don't see an articulation of the land involved, other than the Assessor's Parcel No. on the top, and a, very general description in the introduction. Does this mean that °the entire Parcel identified by the Assessor is/was mineable by this permit? I thank you for your.assistance. Sincerely, From: Thomas, Chris[mailto:CThomas@buttecounty.net] sent:: Tue 1/22/2008 12:45 PM To: Subject: RE: New Era Mine update UP 81-135 is attached. The Department of Development Services will be coordinating with our County Counsel's Office on this matter; however, County Counsel has asked that the public not contact them directly but rather address.questions to Development Services. Sincerely, Chris Thomas Associate Planner Butte County Department of Development Services 530.538.6706 (direct) 530.538.7601 (office) 530.538.2140 (fax) From: Sent: Tuesday, anuary 2 W*108 1019 AM To: Thomas,'Chris Cc: subjec€ 12e: New Era Mine update Thank you very much, Mr. Thomas, for this update. I'm wondering if you could also provide us with a way that we could find a copy of the Use Permit 81- 13 5, Additionally, I would appreciate knowing the name of the attorney the County is consulting in this process. Thank you for your help. Sincerely, 001871 O18% Page of 3 As you know, the December 20, 2007 Notice.of Violation sent to you and Ronald Logan requires that you demonstrate a valid permit, reclamation plan and financial assurance mechanism for the New Era Mine.by Monday January 21, 2008. As Staff requires more time to evaluate the information you have provided, and in recognition of your efforts to stabilize the site, we will defer our determination on the order to comply until February 4, 2008. During this time, we ask that you provide us with any additional dated information demonstrating continuing operations at the New Era Mine for the period between 1982 and 2007. Such infc.ation could include bank- statements reflecting expenses and/or profits, equipment rentals, employee pay stubs, or any other dated evidence of mine operations. If, after reviewing information so far provided and any additional information, Staff determines that Use. Permit . 81-135 has lapsed or is otherwise invalid for the current operation, an order will be,issued requiring submittal of an application fora use permit, a reclamation plan and a financial assurance mechanism. Per Butte County Code Section 13-116, that order will not take effect, before you have been provided a. hearing before the planning commission.. As noted in the December 20, 2008 Notice of Violation, any activities to stabilize or restore the current operation as ordered by a state or local agency would not be considered a violation. Should you have any. questions, please contact Chris Thom phone or email. as, Chuck Thistlethwaite or Pete Calarco by Sincerely, Tim Snellings Director, Department of Development Services • 001872 I Thomas, Chris From: Sent: Tuesday, January 22, 2008 10:56 PM To: Thomas, Chris Subject: NEW ERA CHRIS: 1. 1 WILL BRING COPY STATE WATER ALLOTMENT REPORT IN WEDNESDAY. GOOD INFORMATION IN IT AND MAPS. OWNER WAS "GAUMER" NEW ERA MINE. 2. 1 DIDN'T THINK WHEN I LEFT. THE WEB SITES FOR THE LEE OGLE DOCUMENTS I GAVE YOU APPEAR ON THE BOTTOM OF EACH PAGE. JUST TYPE THEM IN AND PUNCH "GO." 3. DID YOU SAY THAT STATE BROUGHT THEIR OWN ATTORNEY WITH THEM FOR LAST WEDNESDAY'S MEETING WITH NEW ERA? THANKS FOR ALL YOUR TIME TODAY. I REALLY APPRECIATE IT. Start the year off right. Easy wads to stay in shape in the new year. �� 001873 pagej.ofl. ;• Thomas, Chris' From: Sent: Thursday, January 24, 2008 1:05 PIVI To: Thomas, Chris Subject: Re: Meetwith DDS staff regarding the New Era. f\fiine CHRIS: MONDAY AT 4-5 WOULD BE BEST FOR US. ir. M �Ple Who's never won? Biggest Grammy Award surprises of all time on AOL Music. 001874 i, , Page .l Thomas, Chris From: Sent: Thursday, January 24, 2008 3:1.0 PM To: Th6mas, Chris Subject: CANADIAN OGLE INFORMATION CHRIS: THESE ARE URLS FOR OGLE'S CANADIAN CONVICTION. 11 http://www.bcsc.bc.ca/comdoc nsf/allbvunid/e70e9t,425d74850e88256f46007d840e?opendocument is 2. http://www.bcsc.bc.ca/comdoc.nsf/webpolicies/E70E9B425D74850E88256F46007D840E?OpenD6cument 3. http://www.bcsc.bc.ca/disciplined person asp?id-1434 i Il • Who's never won? Big 4est Grammy Award surprises of all time on AOL Music i CJI � 001875 j Phomas, Chris From: Thistlethwaite, Charles Sent: Thursday; January 24, 2008 4:41 PM To: Thomas, Chris Subject: Accepted: meeting with New Era residents 001 876 Page:1 of Thomas, Chris From: Sent: Thursday,, January 24, 2008 9:58 PM To: Thomas, Chris Subject: OGLE DEPORTATION CHRIS: THIS SITE DESCRIBES ENTIRE ARKANSAS PAPER ARTICLE ON OGLE' S RESIGNATION FROM EXSORBET IN FORT SMITH, AR. hftp://findarticles.com/P/articles/mi hb5248/is 199603/ai n19994821 Who's never Won? Biggest' Grammy Award -surprises of all time on AOL Music. KI iii 001877- Sent: Friday, January 25, 2008 2:40 PM To: Thomas, Chris Subject: Re: meeting re the New Era Mine Thank you Chris. I anticipate being there. On Jan 25, 2008, at 2:32 PM, Thomas, Chris wrote: Hello, Give.n responses received so far, we would like to set the meeting for 4 - 5 P.M. this Monday, January 28, 2008. Please come to the Development Services building at 7 County Center. Drive (immediately north of Nelson Avenue, opposite Home Depot) and ask for me. We look forward to meeting with you not only to hear in person your concerns and knowledge i; of the New Era, but also to explain how the County became aware the situation and where.we are now in the process. For anv, who would like to attend but cannot at this time, please let me know a convenient time (preferably next week) and those staff members who are available will try to arrange to meet with you. As always, you are welcome to contact me via phone or email. Sincerely, Chris Thomas Associate Planner 001.878 j . 530.538.6706 (direct) 530.538.760.1 (office) 530.538.2.140 (fax) Yahoo! Maps, Driving Directions, and Traffic If� http://maps. yahoo.com/#mvt=m&lat=39.525028&lon=- 121.57.082&mag=3&q1=7%20county%20center%20drive,%20oroville,% 20ca 001879 • R&:.time..eting:re the New.Era.Mine Page 1:of l ..: Thomas, Chris . . From: Sent: Friday, January 25, 2008 2:59 PM To: Thomas, Chris; Subject: Re: meeting re the New Era Mine Monday works for us. Thank you! EP e From: 'Thomas, Chris" <CThomas@buttecounty.net> Date: Fri, 25 Jan 2008 14:32:34 -0800 To: Cc: "Thistlethwaite,"Charles"<CThistlethwaite@buttecounty.net>, "Calarco, Pete" <PCalarco@buftecounty.net>, "Snellings, Tim" <TSnellings@buttecounty.net> Conversation: meeting re the New Era Mine Subject: meeting re the New Era Mine Hello, Given responses received so far, wewould like to set the meeting for 4 — 5 P.M. this Monday, January 28,.2008: Please come to the Development Services building at 7 County Center Drive (immediately north of Nelson Avenue, opposite Home Depot) and ask for me. We look forward to meeting with you not only to hear in person your concerns and knowledge of the New Era, but also to explain how the County became aware the situation and where we are now in the process. For any who would like to attend but cannot at this time, please let me know a convenient time (preferably next week) and those staff members who are available will try to arrange to meet with you. As always, you are welcome to contact me via phone or email. Sincerely, Chris Thomas . Associate Planner Butte County Department of Development Services 530.538.6706 (direct) 530.538.7601 (office) 530.538.2140 (fax) Yahoo! Maps, Driving Directions, and Traffic http://maps. yahoo. com/#mvt=m&lat=39.525028&lon=-121 57082&maq=3&q17%20county% 20center%20drive,%200roville,%20ca <http://maps. yahoo. com/#mvt=m&lat=39.525028&lon=-121 57082&amp maq 3&amp ql 7% . 20county%20center%20drive,%20oroville %20ca> Page 1 of 1• i Thomas, Chris From: Calarco, Pete Sent: Friday, January 25, 2008 4:53 PM To: Thomas, Chris; Thistlethwaite, Charles Subject: new era mine - new estimate and cd submittal i Chris, Lee and Frank dropped of a new revised estimate to cover the lands that need reclamation but excluding the lands currently.under the state RWQCB order. The deposited another review check for the FA review." They also submitted a $3,000 CD in an attempt to demonstrate compliance with the original conditions. These materials are on your desk. I scanned the CD transmittal letter and the FA estimate into Trakit. —pete Pete Calarco Assistant Director Butte County Development Services 7 County Center Dr Oroville CA 95965 (530) 538-2167 o• • 001881 Page 1 of l Thomas, Chris From: Calarco, Pete Sent: Friday, January 25, 2008 5:04 PM To: Thomas, Chris Subject: RE: meeting re the New Era Mine Chris, as noted in an earlier email: dropped of some materials. I.was not prepared immediately to print a.receipt and they said they would stop by on Monday to pick up some materials that you were going to copy (?). Hopefully, they come in early in the day so as not to cross paths with the neighbors. -pete From: Thomas, Chris Sent: Friday, January 25, 2008 2:33 PM To: Cc: Thistlethwate, Charles; Calarco, Pete; Snellings, Tim Subject: meeting re the New Era Mine Hello, Given responses received so far, we would like to set the meeting for 4 — 5 P.M. this Monday, January 28, 2008.. Please come to the Development Services building at 7 County Center Drive (immediately north of Nelson Avenue, opposite Home Depot) and ask for me. We look forward to meeting with you not only to hear in.person your concerns and knowledge of the New Era, but also to explain how the County became aware the situation and where we are now in the process. For any who would like to attend but cannot at this time, please let me .� know a convenient time (preferably next week) and those staff members who are available will try to arrange.to I meet with you. As always; you are welcome to contact me via phone or email. Sincerely, Chris Thomas Associate Planner Butte County Department -of Development Services 530.538.6706 (direct) 530.538.7601 (office) 530.538.2140 (fax) Yahoo! Maps, Driving Directions, and Traffic http://maps. yahoo.com/#mvt=m&lat=39.525028&lon=-121.57082&mag=3&q1=7%20county$ 20center%20drive,%20oroville,%20ca 001882 • Page .1.of h Thomas, Chris From: Sent: Friday; January25, 2008 9:10 PM To: Thomas, Chris ' . Subject: Re: meeting re the New Era Mine Dear Mr. Thomas Thank you very much for scheduling this meeting and for your interests in our concerns. Unfortunately, I have unexpected family problems that will not allow me to attend,'but.I have been in touch with my neighbors, and I am confident that they can speak to my concerns..: . On Jan 25, 2008, at 2:32 PM, Thomas, Chris wrote: Hello, Given responses received so far, we would like to set the meeting for 4 _ 5 P.M. this Monday, January 28, 2008. Please come to the Development Services building at 7 County Center Drive (immediately north ofNelson Avenue, opposite Home Depot) and ask for me. We look forward to meeting with you not only to hear in person your concerns and knowledge of the New Era, but also to explain how the County became aware the situation and where we are now in the , process. For any who would like to attend but cannot at this time, .please let me know a convenient time (preferably next week) and those staff members who are available will try to arrange to meet with you. As always; you are welcome to contact.me via phone or email. Sincerely, Chris Thomas Associate Planner Butte County Department of Development Services 530.538.6706 (direct) 530.538.7601 (office) 530.538.2140 (fax) Yahoo! Maps, Driving Directions, and Traffic http.://maps.yahoo.com/#mvt=m&tat=39.525028&lon=- 121.57082&maq=3&q1=7%20county%20center%20drive,%20oroville,%20ca II• U-] Page l of7l.:: . Thomas, Chris From: Snellings, Tim Sent: Saturday, January 26, 2008 11:18 AM To: Thomas, Chris Cc: Calarco, Pete; Thistlethwaite, Charles Subject: RE: meeting re the New Era Mine Good job Chris, Tim From: Thomas, Chris Sent: Fri 1/25/2008 2:32 PM To: Cc:.Thistlethi vaite, Charles; Calarco, Pete; Snellings, Tim Subject: meeting re the New Era Mine Hello, Given responses received so far, we would like to set the meeting for 4 - 5 P.M. this Monday, January 28, 2008 Please come to the Development Services building at 7 County Center Drive (immediately north of Nelson Avenue, opposite Home Depot) and ask for me. We look forward to meeting with you not�only to hear in person your concerns and knowledge.of the New Era, but also to explain.how the. County became aware the situation and where we are now in the process. For any who would. like to attend but cannot at this time, please let me know a convenient time (preferably next week) and those staffmembers who are available will try to arrange to meet with you. As always, you are welcome to. contact me via. phone or email. Sincerely,. Chris Thomas Associate Planner Butte County Department of Development Services 530.538.6706 (direct) 530.538:7601 (office) 530.538.2140 (fax) Yahoo!. Maps, Driving Directions, and Traffic. http://maps.yahoo.com/#mvt=m&lat=39.525028&lon=-121.57082&maq=3&g1=7%20county% 2.Ocenter%20drive,%20oroville,%20ca Page.a of.,l.... Thomas, Chris From: Craig, Douglas [Douglas.Craig@conservation.ca.goy] Sent: Saturday, January 26, 2008 11:59 AM To: Thomas',Chris _ Cc: Tenorio, Gregory Subject: Call from New Era Mine Operator Chris, Just an FYI that I received a call from Lee Ogle yesterday. He wanted to know what will need to be done to resolve the mine's past failures to submit annual reports. I told him that, for now, he should be working directly with the County and, second, much will depend upon the County's decision regarding the min' e's'permit status. I suggested he wait until February 4 before taking any next steps. That was about it. Please let me know if we can be of any help --Doug 11E 110001885 '. Page, l ,of' 1 w�• u 0 110 Thomas, Chris From: Snellings, Tim Sent: Monday, January 28, 2008 8:04 AM To: Thomas, Chris; Calarco, Pete; Thistlethwaite, Charles Subject: RE: Call from New Era Mine Operator What are your thoughts about the idea of telling Lee that we are going to meet with the neighbors, at . least the first time, today, without him? My thought is that he might think we are 'sneaking behind his. . back' a bit... any thoughts? Depending on how it goes today, we could offer a joint meeting of all parties in the future. Thanks, Tim Tim Snellings, Director County -of Butte Department of Development Services 7 County Center Drive Oroville, CA 95965 530-538-6821 (direct) From: Thomas, Chris Sent: Monday, January 28, 2008 7:44 AM To: Calarco, Pete; Thistlethwaite, Charles; Snellings, Tim. Subject: FW: Call from New Era Mine Operator Fj-jfl Chris From: Craig, Douglas [mailto:Douglas.Craig@conservation.ca.gov] Sent: Saturday, January 25, 2008 11:59 AM To: Thomas, Chris Cc: Tenorio; Gregory Subject: Call from New Era Mine Operator Chris, Just an FYI that I received a call from Lee Ogle. yesterday. He wanted to know what will need to be done to resolve the mine's past failures to submit annual reports. I told him that, for now, he should be . working directly with the County and, second, much will depend upon the County's decision regarding. the mine's permit status. I suggested he wait until February 4 before taking any next steps. That was about it. Please let me know if we can be of any help. --Doug • Thomas, Chris i From: Thistlethwaite, Charles Sent: Monday,. January 28, 2008 9:40 AM To: Snellings, Tim; Thomas, Chris; Calarco, Pete Subject: RE: Call from New Era Mine Operator lff� Page 1 of,2 Tim: My only fear is.that Mr. Ogle would really want to participate in that meeting. As long as we are comfortable in telling him (only as firmly as necessary) that the applicants are not invited to this particular meeting, I think it is a good.idea As far as a.future joint meeting, I think we will need to be very skilled in moderating that meeting... Chris, please.give Lee a call about the meeting and tell him he will not be [present, but that we will follow up with him afterwards as appropriate. Thanks, Chuck 'r F Charles S. Thistlethwaite, A/CP o-;:-� � •e Manager, Planning Division o .,r Butte County Department of Development Services E-mail: CThistlethwaiteCcbbuttecounty.net Phone:(530)538-6572 FAX:(530)538-2140 From: Snellings; Tim Sent: Monday, January 28, 2008 8:04 AM To: Thomas, Chris; Calarco, Pete;. Thistlethwaite, Charles Subject: RE: Call from New Era Mine Operator What are your thoughts about the idea of telling Lee that we are going to meet with the neighbors, at least the first time, today, without him? My thought is that he might think we are 'sneaking behind his back' a bit.:.any thoughts? Depending on how it goes today,.we could offer a joint meeting of all parties in the future. Thanks, Tim Tim Snellings,. Director County of Butte Department of Development Services 7 County Center Drive Oroville, CA 95965 530-538-6821 (direct) . From: Thomas, Chris Sent: Monday, January 28, 2008 7:44 AM. To: Calarco, Pete;. Thistlethwaite, Charles; Snellings, Tim Subject: FW: Call from New Era Mine Operator FYI. 001887 Chris i Page 2.,gf:2 From: Craig, Douglas [ma ilto: Douglas. Craig@conservation.ca.goV] Sent: Saturday, Janua 26 2008 11:59 I rY . � AM . To: Thomas, Chris Cc: Tenorio, Gregory .. Subject: Call from New Era Mine Operator Chris, Just an FYI that I received a call from Lee Ogle yesterday. He wanted to know what will°need to be done to resolve the mine's past failures to submit annual reports. I told him that, for now; he should be working directly with the County and, second, much will depend upon the County's decision regarding the mine's permit status.. I suggested he wait until February 4 before taking any next steps. That was about it. Please let me know if we can be of any help. --Doug V • Dry::Creek-'Otoville.nuning.pperati on P4ge.1 of.I 7 • Thomas, Chris From: Sent: Sunday, January 20, 2008 10:05 AM To: Thomas, Chris Subject: Dry Creek, Oroville mining. operation Hello Mr. Thomas, We are residents of Dry Creek Road, Oroville where recent mining activity has taken place and, from a neighbor, have received a copy of the Notice of Violation to Ronald Logan et al from Tim Snellings issued on December 20, 2007.:BecauseW, concems we have about this operation and how it might affect the water quality of the creek as well as the flow of the springs that supply all the residences on the west side of the creek and downstream of the operation, we would like to be kept informed regarding this violation and any possible public hearings that might be held. We wish, however, to remain anonymous on all.group correspondence. Your name was supplied as the primary contact for this matter. If you are not the contact, we apologize. Thank you, . MMUM mio* • Dear Mr. Thomas, The residents along Dry Creek Road very much appreciate your interest, and helpful communications about the New Era Mine. For what it's worth, I'd like to pass along some information, a situation that presents immediate danger for residents along Dry Creek Road --- For the past two weeks (and more) heavy earth -moving equipment and huge dump trucks have been speeding along the road --- a steady stream in and out -- starting at 6:00 AM even today, a holiday for most folks. It is very dangerous, as these trucks barrel along at speeds much too great for the narrow country road to handle -- often several trucks in a row. I barely had room to squeeze to the side this morning (6:30!) and two huge trucks didn't even slow down. Very frightening, intimidating, and dangerous: Additionally, though of much less immediate danger, the road is now a mud track; all the.. gravel that we residents. contributed has disappeared-- as a result not only is my car difficult to handle in the mud but it also needs almost daily washing, But most urgently, the truck situation must be dealt with before there is a disaster. Again, I thank you for. your interest and help. Sincerely, 1 Page...1 of -1. • . Thomas, Chris From: Frank Noland [franknoland@aspirion.com] Sent: Monday, January 21, 2008 8:03 PM To: Thomas, Chris - Cc: Snellings, Tim; 'F.L. Ogle' Subject: Request for information regarding the New Era Mine. Dear Messrs. Snellings and Thomas: Thank you for your e-mail on.January 18, 2008 (the "E-mail") regarding our January 16, 2008 meeting (the "Meeting") in your offices. In the E-mail, you requested that we provide you with certain additional information concerning Mining and Reclamation Permit 81-135 (the "Permit") and the operation of the New Era Mine. We are in the process of preparing materials in response to your request, and we write you now to request copies of . certain materials that we believe will aid us in this endeavor. In this regard, we hereby request copies of all physical and electronic documents, photographs, maps, and other materials maintained by each of Butte County, the Butte County Planning Commission, and the Butte County. Department of Development Services ("DDS") relating to: (i) the Permit (by whatever name, number, or reference) and each reclamation plan and financial. assurance in relation thereto; (ii) the property described as Butte County Assessor's Parcel Nos. 041-080-027 and 41-08-27, 4095 Dry Creek Rd., Butte Valley, CA 95965; (iii) Office of Mining Reclamation ID No. 91-04-0031 (New Era. Mine); (iv) Ronald R. Logan (by any alias); (v) Betty J. Logan (by any alias); and (v) Jerry W. Badley (by any alias). • We understand'that there may be certain costs associated with .the duplication and processing of the. materials requested herein. Accordingly, we hereby authorize DDS to incur such costs up to $200.00 prior to obtaining further authorization from us. J 0 VJe also understand that DDS has a policy of making the materials requested herein generally available for viewing by the public during regular business hours. Accordingly, we look forward to meeting with you to review certain files for which we may not have requested copies herein and thank you in advance for your cooperation. In the event that compliance with any request made herein requires a formal letter request pursuant to the California Public Records Act (California Government Code Section 6250, et seq.), please advise us so that we may proceed accordingly. Sincerely, Frank'Noland Lee Ogle 001 891 Cc: Calarco, Pete; Thomas, Chris Subject: FW: Request for information regarding the New Era Mine. Pete/Chuck/Chris: Let's discuss what's next .... Chuck. ..please get us all together to figure this out, Tim From: Frank Noland [mailto:franknoland@aspirion.com] Sent: Mon 1/21/2008 8:02 PM To: Thomas, Chris Cc: Snellings, Tim; 'F.L. Ogle' Subject: Request for information regarding the New. Era Mine. Dear Messrs. Snellings and Thomas: Thank you for your e-mail on January 18, 2008 (the "E-mail") regarding our January 16, 2008 meeting (the "Meeting") in your offices. In the E-mail,. you requested that we provide you with certain additional information concerning Mining and Reclamation Permit 81-135 (the "Permit") and the operation of the New Era Mine.. We are in the process of preparing materials in response to your request, and we write you now to request copies of certain materials that we believe will aid us in this endeavor. In this regard, we hereby request copies of all physical and. electronic documents, photographs, maps, and'other materials maintained by each of Butte County, the Butte County Planning Commission, and the Butte County Department of Development Services ("DDS") relating to: (i) the Permit (by whatever name,*number,' r reference) and each reclamation plan and financial assurance. in relation thereto; (ii) the property described as Butte County Assessors Parcel.Nos. 041-080-027 and 41-08-27, 4095 Dry Creek Rd., Butte Valley, CA 95965; (iii) Office of Mining Reclamation ID No. 91-04-0031 (New Era Mine); (iv) Ronald R. Logan (by any alias); (v) Be J. Logan (by any alias); and (v) Jerry W. Badley (by any alias). tty We understand that there may be certain costs associated with the duplication and processing of the materials requested herein. Accordingly, we hereby authorize DDS to incur such costs up to $200.00 prior to obtaining further authorization from us. We also understand that DDS has a policy of making the materials requested herein generally available for viewing by the public during regular business hours. Accordingly, we look forward to meeting with you to review certain files for which we may not have requested copies herein and thank you in advance for your. cooperation. In the event that compliance with any request made herein requires a formal letter request pursuant to the California Public Records Act (California Government Code Section 6250, et seq.); please advise us so that we may proceed accordingly. Sincerely, Frank Noland Lee Ogle 0 001 892 :. Page:1 Thomas, Chris From: Sent: Tuesday, January 22, 2008 10:19 AM To: Thomas, Chris - Cc: Subject: Re: New Era Mine update Thank you very much, Mr. Thomas, for this update. I'm wondering if you -could also provide us with a way that we could find a copy of the Use Permit.81 135, Additionally, I would appreciate knowing the name of the attorney the County is consulting in this process. Thank you for your help. Sincerely,. On Jan 22,2008,'at 10:15 AM, wrote: Begin forwarded message: From: 'Thomas, Chris" <CThomas@buttecounty.net> Date: January 22, 2008 10:04:27 AM PST To: Cc: 'Thistlethwaite, Charles"<CThistlethwaite@buttecounty.net>, 'Calarco, Pete" <PCalarco(a)buttecounty.net>, "Snellings, Tim" <TSnellings a.buttecounty.net> Subject: New Er Mine update Good Morning, Last Wednesday, January 16, 2008, Development Services staff met with the operators of the New Era Mine, Frank Noland and Lee Ogle (of North Continent Land & Timber). Two representatives.from the Office of Mine Reclamation were also present, as was a representative from the Central Valley Regional Water Quality Control Board. Mesrrs. Noland and Ogle continued to argue that the New Era operation is permitted to mine under Use Permit 81-135 and presented a fair amount of information they believe demonstrates that the New Era has continuously operated since first permitted in May of 1982. Under Butte County Code, an approved use permit may be revoked by the planning.manager if the use for which the permit was granted has ceased or has been suspended for a period of twelve consecutive months. Staff requires additional time to assess the material produced by the operators and sent the email below allowing a 15 day extension to the Notice of Violation deadline of January 21. Again, three items are required for a mine operation: a use permit, a reclamation plan, and financial assurance that reclamation oo . will be completed. The reclamation. plan and financial assurance must reflect the current operation. " o Concern has been -expressed about the condition of Dry Creek Road. The operators are aware of this issue; staff will address repairs to the road in its determination. I spoke with Mr. Ogle on Friday about heavy trucks travelling to the New Era and road safety and I will repeat my concerns to him. Many of you have asked to remain anonymous. Staff has not and will not reveal to the New Era operators or Mr: Logan the names of any residents concerned about the Page.2 of I. --------------- New Era operation. Sincerely, Chris Thomas Associate Planner Butte County Department of Development Services 530.538.6706 (direct) 530.538.7601 (office) 530.538.2140.(fax) . Dear Messrs. Ogle and Noland, Thank you for meeting with Development Services staff on January 16, 2008 to discuss the validity of Use Permit 81-135, the reclamation plan and the financial assurance mechanism for the New Era Mine. We appreciate the effort you have taken to present your information in a cohesive manner. Additionally, and in light of recent weather, we recognize the extensive work you have undertaken to stabilize the New Era site as required by the Cleanup and Abatement Order from the Central Valley Regional Water Quality Control Board.. As you know, the December 20, 2007 Notice of Violation sent to you and Ronald Logan requires that you demonstrate a valid permit, reclamation plan and financial assurance mechanism for the New Era Mine by MondayJanuary 21, 2008. As Staff requires more time to evaluate the information you have provided, and in recognition of your efforts to stabilize the site, we will defer our determination on the order to comply until February 4, 2008. During this time, we ask that you provide us with any additional dated information demonstrating continuing operations at the New Era Mine for the period between 1982 and 2007. Such information could include bank statements reflecting expenses and/or profits, equipment rentals, employee pay stubs, or any other dated evidence of mine operations. If, after reviewing information so far provided and any additional information, Staff determines that Use Permit 81-135 has lapsed or is otherwise invalid'for the current operation, an order will be issued requiring submittal of an application for a use permit; a reclamation plan and a financial assurance mechanism. Per Butte County Code Section 13-116, that order will not take effect before you have been provided a hearing before the planning commission. As noted in the December 20, 2008 Notice of Violation, any activities to stabilize or restore the current operation as ordered by a state or local agency would not be considered a violation. Should you have any questions, please contact Chris Thomas, Chuck Thistlethwaite or Pete Calarco by phone or email. . Sincerely, Tim Snellings Director, Department of Development Services. 001894 u• Thanks!' Begin forwarded message: From: "Thomas, Chris" <—CThomas(a- ttecounjy.ne> Date: January 22 5)n 8 12:45:05 PM PST To: — Subject -RE' New Era Mine update UP 81-135 is attached. ?The Department of Development Services will be Coordinating w . ith our County Counsel?s Office on this matter-, however, County Counsel ha's asked that the public not contact them directly but rather address questions to Development Services. Sincerely, Chris Thomas - Associate Planner Butte County Department of Development- Services 530.538.6706 (direct) 530.538.7601 (office) 530.538..2140 (fax) From: Sent: Tuesday, January 22, 2008 10:19 AM To: Thomas, Chris Cc Subject: Re: Era Mine update 0018915 Page 2 of:4... . j Thank you very much, Mr. Thomas, for this update. I'm wondering if you could also provide us with a way that we could find ?a copy of the Use Permit 81-135, Additionally, I would appreciate knowing the name of the attorney the County is consulting in this process.. Thank you for your help. Sincerely,: On Jan 22,:200 8, at 10:15 AM,wrote: Begin forwarded message: IIIFrom: 'Thomas, Chris" <CThomastfbuttecounty.net> J Date: January 22, 2008 10:04:27 AM PST To: Cc: 'Thistlethwaite, Charles" <CThistlethwaite(Mbuttecounty.net>, "Calarco, Pete" <PCalarcolcDbuttecounty.net>, "Snellings, Tim" <TS nellings(cDbuttecounty. net> Subject: New Era Mine update 7 Good Morning, 001896 i ? Last Wednesday, January 16, 2008, Development Services staff met with the operators of the New Era Mine, Frank Noland and Lee Ogle (of North Continent Land & Timber):? Two representatives from the'Office of Mine Reclamation were also present, as was a representative from the Central Valley Regional Water Quality Control Board.? Mesrrs. Noland and Ogle continued to argue that the New Era operation is permitted to mine under Use Permit 81-135 and presented a fair amount of information they believe demonstrates that the New Era has continuously operated since first permitted in May of 1882.? Under Butte County Code, an approved use permit may be revoked. by the planning manager if the use for which the permit was granted has ceased or has been suspended for a period of twelve consecutive months.? Staff requires additional time to assess the material produced by the operators and sent the email below allowing a 15 day extension to the . Notice of Violation deadline of January 21.? Again, three items are required for a mine operation: a use permit, a reclamation plan, and financial assurance that reclamation will. be completed.? The :. Page..l i Thomas, Chris From: Sent: Tuesday, January 29, 2008 12:40 AM 'Tow Thistlethwaite,-Charles, Thomas, Chris; Calarco, Pete; Snellings, Tim Subject: VALLEY RESIDENT MEETING -NEW ERA MINE DEAR TIM, CHUCK, PETE AND CHRIS: THANK YOU FOR TAKING THE TIME TO MEET WITH RESIDENTS REGARDING THE NEW ERA MINE ISSUE. THE EXTRA TIME AND EFFORT WAS APPRECIATED. HOWEVER, I WAS CONCERNED BECAUSE KEVIN MCDONALD WAS -AT THE MEETING; KEVIN WORKS FOR THE NEW ERA MINE. HE ALSO LIVES ON DRY CREEK ROAD. I BELIEVE IF WE HAVE ANOTHER MEETING IT WOULD BE A GOOD IDEA TO EXCLUDE MINE EMPLOYEES. THE OWNER AND OPERATORS WILL KNOW BY TOMORROW WHAT WAS DISCUSSED AND WHO SAID IT. AGAIN, THANK YOU, Start the year off right. Easy ways to stay in shape in the new year. v• 0018.97 1 i; Page I. of 1 I' Thomas, Chris From: Snellings, Tim Sent:. Tuesday, January 29, 2008 8:07 AM To: Thomas, Chris Cc: Calarco, Pete; Thistlethwaite, Charles Subject: please prepare... Chris: Please prepare a summary of yesterday's meeting notes that we could send .to Lee/Frank.. Thanks. BTW, GREAT JOB in your overview of the site history and your continued growth in mining knowledge. This one will promise to test all of your skills and for sure, grow some new ones. Keep up the good work, Tim Tim Snellings, Director County of Butte Department of Development Services 7 County Center Drive Oroville, CA 95965 530238-6821 (direct) 001898 wi• ->::; .:..:..:..... , Page. !.:of_1. i Il• Thomas, Chris From: Snellings, Tim Sent: Tuesday, January 29, 2008 3:25 PM To: Thomas, Chris; Calarco, Pete; Thistlethwaite, Charles Subject: RE: Lee Ogle would like to. meet tomorrow or when possible 4 pm tomorrow is better for me. Let me know, Tim Tim Snellings, Director County of Butte Department of Development Services 7 County Center Drive Oroville, CA 95965 530-538-6821 (direct) . From: Thomas, Chris Sent: Tuesday, January 29, 2008 2:34 PM To:. Snellings, Tim; Calarco, Pete; Thistlethwaite, Charles Subject: Lee Ogle would like to meet tomorrow or when possible Lee just called — he is ready to submit more material and suggested meeting for a half an hour tomorrow at 4. I'm at a training in Chico through 3 pm and could get back down here if you want; otherwise Lee said Thursday or when possible before Feb 4th would work. Chris Thomas Associate Planner Butte County Department of Development Services 530.538.6706 (direct) 530.538.7601 (office) 530.538.214.0 (fax) j I'Page: 1. o f a::.::::.: i; --------------- Thomas, Chris From: Calarco, Pete Sent: Tuesday, January29, 2008 3:45 PM To: Snellings, Tim; Thomas, Chris; Thistlethwaite, Charles Subject: RE: Lee Ogle would like to meet tomorrow or when possible We have Users' Group at 4 with the intro of Brian Haddix as the first item. —pete o• a• From: Snellings, Tim Sent: Tuesday, January 29, 2008 3:25 PM To: Thomas, Chris; Calarco, Pete; Thistlethwaite, Charles Subject: RE: Lee Ogle would like to meet tomorrow or when possible 4 pm tomorrow is better forme. Let me know, Tim Tim Snellings, Director County of Butte Department of Development Services 7 County Center Drive Oroville, CA 95965 530-538-6829 .(direct) From: Thomas, Chris Sent: Tuesday, January 29, 2008 2:34 PM To: Snellings, Tim; Calarco, Pete; Thistlethwaite, Charles Subject: Lee Ogle would like to meet tomorrow or when possible Lee just called — he is ready to submit more material and suggested meeting for a half an hour.tomorrow at 4. I'm at a training in Chico through 3 pm and could get back down here if you want; otherwise. Lee said Thursday or when possible before Feb 4th would work. Chris Thomas Associate Planner Butte County Department of Development Services 530.538.6706 (direct) 530.538.7601 (office) 530.538.2140 (fax) 001 900 Thomas, Chris From: Thistlethwaite, Charles Sent: Tuesday, January 29, 2008 4:03 PIVI To: Snellings, Tim; Thomas, Chris; Calarco, Pete Subject: RE: Lee Ogle would like to meet tomorrow or when possible That works for me too, right after our meeting with Thanks, Chuck T Charles S. IhistlethwaiteAICP .Moa Manager, Planning Division Butte County Department of Development Services E-mail: CThistlethwaite(d)buttecounty.ne Phone: (530) 538-6572 FAX. (530) 538-2140 From: Snellings, Tim Sent: Tuesday., January 29, 2008 4:00 PM To: Thomas, Chris; Calarco, Pete; Thistlethwaite, Charles. • Subject: RE: Lee Ogle would like to meet tomorrow or when possible Won't work forme. How about 11:30 am on Thursday? Tim Tim Snellings, Director County of Butte Depart. . mert of Development Services 7 County Center Drive Oroville, CA 95965 530-538-6821 (direct) From: Thomas, Chris Sent: Tuesday; January 29, 2008 3:47 PIVI To: Calarco, Pete; Snellings, Tim; Thistlethwaite, Charles Subject: RE: Lee Ogle would like to. meet- tomorrow or when possible. I think Chuck thought 8 am on Thursday would work for him and it would work for me too. Chris Thomas Associate Planner Butte County Department of Development Services 530.538.6706 (direct) 001901 530.538.7601 (office) 530.538.2140 (fax) • From: Calarco, Pete Sent: Tuesday, January 29, 2008 3:45 PIVI To: Snellings Tim; Thomas, Chris; Thistlethwaite, Charles Subject: RE Lee Ogle would like to meet tomorrow or when possible Page .-1.of 2..; - From: Snellings, Tim Sent: Tuesday, January 29; 2008 3:25 PM To: Thomas, Chris; Calarco, Pete; Thistlethwaite; Charles Subject: RF: Lee Ogle would like to meet tomorrow or when possible 4 pm tomorrow is better for me. Let me know, Tim Tim Snellings, Director County of Butte Department of Development Services 7 County Center Drive Oroville, CA 95965 530-538-6821 (direct) From: Thomas, Chris Sent: Tuesday, January29, 2008 2:34 PM To: Snellings, Tim;.Calarco, Pete; Thistlethwaite, Charles Subject: Lee Ogle would like to meet tomorrow or' when possible j Lee just called — he is ready to submit more material and suggested meeting for a half an hour tomorrow at 4. I'm at a training in Chico through.3 pm and could get back down here if you want; otherwise. Lee said Thursday or . when possible before Feb 4th would work. • Chris Thomas Associate Planner Butte County Department of Development Services 530.538.6706 (direct) 530.538.7601 (office) 530.538.2140 (fax) 001902 o• 'Page .l of 1 Thomas, Chris From: Thistlethwaite, Charles Sent: Tuesday, January 29, 2008 4:17 PM To: flog le@aspirion - corn Cc: frankholand@aspirion.com; Snellings, Tim; Calarco, Pete; Thomas, Chris Subject: Meeting on New Era Mine documentation. Lee, I wanted to get back to you about meeting with Butte County staff regarding additional documentation on the New Era Mine. Tim, Chris. and I are all available to meet with you on. Thursday, January 31, 2008 at 11:30 am. here at our offices in Oroville. Please let meknow if this time conflicts with you schedule. Thank you for your ongoing cooperation and Please let me. know if I can be of assistance. .Regards, Chuck �4r Charles S. Thistlethwaite, AICP ........... 0 r_poManager, Planning Division ...... . . . . . . . Butte County Department of Development Services E-mail. CThistiethwaite(a-buttecounty.ne Phone:.(530) 538-6572 FAX. (530) 538-2140 001903 N• Page ..l of 2 i Thomas, Chris From: Snellings, Tim Sent: Tuesday, January 29, 2008 5:15 PM To: Thistlethwaite, Charles; Thomas, Chris; Calarco, Pete - Subject: RE: Lee Ogle would like to meet tomorrow or when possible j Don't we need to'get our ducks in a row' after our meeting with the neighbors? Chris: Did you prepare some notes from the meeting that we can share with Lee and Frank? Maybe right after our staff meeting in the morning we could talk BEFORE we meet with Lee. Tim Tim Snellings, Director County of Butte Department of Development Services 7 County Center Drive Oroville, CA 95965 530-538-6821 (direct) From: Thistlethwaite, Charles Sent: Tuesday,. January 29, 2008 4:03 PM i' To: Snellings, Tim; Thomas, Chris; Calarco, Pete Subject: RE: Lee Ogle would like to meet tomorrow or when possible That works for too, right after our meeting with • Thanks, Chuck I; tl �� Charles S. Thistle¢hwaile,.A1CP c 4,r;._ Manager, Planning Division 6 " s Butte County ©epartment.of Development Services E-mail: CThistlethwaite65�b ettecounty.net ad��p Phone: (530) 538-6572 FAX: (530) 538-2140 From: Snellings, Tim Sent: Tuesday, January 29, 2008 4:00 PM To: Thomas, Chris; Calarco, Pete; Thistlethwaite, Charles V Subject: RE: Lee Ogle would like to meet tomorrow or when possible Won't work for me. How about 11:30 am on Thursday? Tim Tim Snellings, Director County of Butte Department of Development Services -001-904 7 County Center Drive Oroville, CA 95965 530=538-6821 (direct) From: Thomas, Chris Seat: Tuesday, January 29, 2008 3:47 PM To: Calarco, Pete; Snellings, Tim; Thistlethwaite, Charles Subject: RE: Lee Ogle would like to meet tomorrow or when possible. i • I think Chuck thought 8 am on Thursday would work for him and it would work for me too. Chris Thomas Associate Planner Butte County Department.of Development Services 530.538.6706( direct ) 530.538.7601 '(office) 530.538.2140 (fax) From: Calarco, Pete Sent: Tuesday, January 29, 2008 3:45 PM To: Snellings, Tim; Thomas, Chris; Thistlethwaite, Charles'. Subject: RE: Lee Ogle would. like to meet tomorrow or when possible .We have Users' Group at 4 with the intro of Brian Haddix as the first item. —pete From: Snellings, Tim Sent: Tuesday, January 29, 2008 3:25 PM To: Thomas, Chris; Calarco, Pete; Thistlethwaite, Charles . Subject: RE: Lee Ogle would like to meet tomorrow or when possible 4 pm tomorrow is better for me. Let me know, Tim. • Tim Snellings, Director County of Butte Department of Development Services. 7 County Center Drive j Oroville, CA 95965 '530-538-6821 (direct) From: Thomas, Chris Sent: Tuesday, January 29, 2008 2:34 PM To: Snellings, Tim; Calarco, Pete; Thistlethwaite; Charles Subject: Lee Ogle would like to meet tomorrow or when possible Lee just called — he is ready to submit more material and suggested meeting for a half an hour tomorrow at 4'. Tm at a training.in Chico through 3 pm and could get back down here if you want; otherwise Lee said Thursday or when possible before Feb 4t' would work. Chris Thomas Associate Planner Butte County Department of Development Services 530.538.6706 (direct) 530.538.7601 (office) _ 530.5382140 (fax) • 001905 Thomas, Chris. . • From: MAILER-DAEMON@unque.pair.com Sent: Tuesday, January 29,2008 7:58 PM To: Thomas, Chris Subject: failure notice Hi. This is the qmail-send program at unque.pair.com. I'm afraid I wasn't able to deliver your message to the following addresses.. This is a permanent error; I've given up. Sorry it didn't work out. <franknoland@northcontinent.com>: Unable to switch to /usr/home/versinc: access denied. (#4.3.0) I'm not going to try'.again; this message has been in the queue too long. --- Below this line is a copy of the message. Return -Path: <CThomas@buttecounty.net> Received: (qmail 76109 invoked from network); 28 Jan 2008.15:58:10 -0000 Received::from localhost.pair.com (HELD unque.pair.com) (127..0.0.1) by localhost.pair.com with SMTP; 28 Jan 2008 15:58:10 -0000 Received: from Hormel.buttecounty.net (hormel.buttecounty.net [63.207.230.29]) by unque.pair.com (Postfix) with ESMTP id C3F3E20A41 for <franknoland@northcontinent.com>; Mon, 28 Jan 2008 10:58:09 -0500 (EST) Received: from mail.buttecounty.net ([63.207.230.2]) by Hormel.buttecounty.net.(8.14.1/8.14.1) with ESMTP id mOSFw35vO11113; Mon, 28 Jan 2008 07:58:03 =0800 Received: from mail.buttecounty.net ([1.0:1.200.21]) by mail.buttecounty.net with Microsoft SMTPSVC(6.0.3790.3959); •Mon, 28 Jan 2008 07:58:03 -0800 x-mimeole: Produced By Microsoft Exchange V6.5 Content -class: urn:content-classes:message MIME -Version: 1.0 Content -Type: multipart/alternative; boundary="----_=_NextPart_001_O1C861C6.90482D1F" Subject: New Era file materials Date: Mon, 28 Jan 2008 07:58:02 -0800 Message-ID:<B3BOB69DA4EE7B4FA4584D52773E612EOiA12625@bc-mail-03.bci.buttecounty.net>: X -MS -Has -Attach: X-MS-TNEF-Correlator: Thread -Topic: New Era file materials Thread -Index: AchhxpAOTZVtU4SIQCiyyOMlIspdfQ== From: "Thomas, 'Chris" <CThomas@buttecounty.net> To: "F.L. Ogle" <flogle@aspirion.com>, <franknoland@northcontinent.com> Cc: "Calarco, Pete" <PCalarco@butt.ecounty. net>, "Thistlethwaite, Charles"<CThistlethwaite@buttecounty.net> X-OriginalArrivalTime: 28 Jan 2008 15:58:03.0616 (UTC) FILETIME=[9085B600:0lC861C6] X-Proofpoint-Virus-Version: vendor=fsecure engine=1.12,6451:2.4.1,1.2.37,4:0.16.6 definitions=2008-0.1-28 05:2008-01-28,2008-01-28,2008-01-28 signatures=0 X-Proofpoint-Spam-Details: rule=notspam policy=default. score=0 spamscore=0 ipscore=0. phishscore=0 bulkscore=0 adultscore=0 classifier=spam adjust=0 reason=mlx engine= 5.0.0-0708230000 definitions=main-0801280046 This is a multi -part message in MIME format. ------ _=_NextPart_001_O1C861C6.90482D1F Content -Type: text/plain; charset="us-ascii" r• Content -Transfer -Encoding: quoted -printable 001906 O O6 Good Morning Lee and Frank, =20 i, We expect to have a copy of�the .New Era microfiche file ready for your pick-up b.y,,about 12:00 noon today. I will leave it at the front counter here at 7 County Center.Drive::with is your names on it. The file is a complete copy of our microfiche records for UP 81-135. Staff continues to search for any other records relating to the New*Era Mine and will make • any that we find available to you as soon as possible should we find them. =20 We are in receipt of your revised financial assurance calculations of January 25, 2008; and will immediately forward them to our cc;hsultaiit'for review. 'Upon approval, this estimate is then sent to the Office of Mine Reclamation (OMR) for their comments. If .OMR is in agreement with the estimate, a financial assurance mechanism would then be created to cover.the amount of the estimate: =20 Sincerely, =20 Chris Thomas Associate Planner Butte County Department of Development Services 530.538.6706 (direct) 530.538.7601 (office) 530.538.2140 (fax) • =20 ------- =_NextPart_001 O1C861C6.90482D1F Content -Type: text/html; charset="us-ascii" Content -Transfer -Encoding: quoted -printable. <html xmins:o=3D"urn:schemas-microsoft-com:office: office" = xmins:w=3D"urn:schemas- microsoft-c6m:office: word" = xmins:stl=3D"urn:schemas-microsoft-com:office: smarttags" _ xmins=3D"http://www.w3.org/TR/REC-html40"> <head> <meta http-equiv=3DContent-Type content=3D "text /html; = chars et=3Dus-ascii "> <meta.name= 3DGenerator content=3D"Microsoft Word 11 (filtered medium)"> <o:SmartTagType.= name spa ceuri=3D"urn:schemas -micros oft-com:office: smarttags" name=3D"Street"/> <o:SmartTagType = name spaceuri=3D"urn: schema s-microsoft-com:office: smarttags" name=3D"address"/>  <s.tyle> /* Style Definitions */ p.MsoNormal,, li.MsoNormal, div.MsoNormal 00-1 9 O/ (margin:0in; margin-bottom:.0001pt; font-size:12.Opt; font-family:"Times New Roman";) a:link, span.MsoHyperlink (color:blue; 2 text-decoration:underline;} .a:visited, spari.MsoHyperlinkFollowed {color:purple; • text-decoration:underline;} span.EmailStylel7 {ipso-style-type:personal-compose; font-family:Arial; color:windowtext;} @page Sectionl {size:8.5in 11.Oin; margin:l.0in 1.25in 1.Oin 1.25in;} div.Sectionl {page:Sectionl;} </style*> </head> <body lang=3DEN-US link=3Dblue vlink=3Dpurp1e> <div'class=3DSectionl> Good Morning.Lee and = Frank,<o:p></o:p> <o:p> </o:p> font - We expect to have a copy of the New Era microfiche = file ready for your - pick -up- by. about 12:00 noon today.  I will leave it = at the. front counter here at •<stl:Street.w:st=3D"on"><stl:address w:st=3D"on">7 = County Center Drive</sti:address></stl:Street> with your names on i.t.  = The file is a complete copy of our microfiche records for UP 81-135. . Staff continues to search for any -other records relating to the New Era Mine = and will make any that we find available*-. to you as soon as possible should we = find them.<o:p></o:p> <o:p> </o:p> We are in receipt of your revised financial assurance calculations of January 25, 2008, and will immediately forward them to = our consultant for review.  Upon approval, this estimate is then sent = to the Office of Mine Reclamation (OMR) for their comments.  If OMR is in agreement with the estimate,.a financial assurance mechanism would then = be created to cover the amount of the= estimate.<o:p></o:p> <o:p> </o:p> Sincerely,<o:ep></o:p> <p.class=3DMsoNormal><o:p> </o:p> e:10.Opt; font - Chris Thomas<o:p></o:p> Associate Planner<o:p></o:p> B,utte County Department of Development Services<o:-p></o:p><'/p>. 530.*538.6706 (direct)<o:p></o:p> 530.538..7601 (office) <o:p></o:p> '530.538.2140 (fax) <o:p></o:p> -,p class=3DMsoNormal><o:p> *</o:p> </div> Ii </body> </html>. ------ = NextPart 001 O1C861C6.90482D1F-- 4 001909 ,a i ,.....::... Page: •Thomas, Chris , From: Calarco, Pete Sent: Wednesday, January 30, 2008 7:51 AM To: .Thomas, Chris; Srrtellings, Tim; Thistlethwaite, Charles Subject: 2008-01-28 new era mine meeting notes.doc Attachments: 2008-01-28 new era mine meeting notes.doc Here's a quick typing of my meeting notes. —pete �, • 001910 Page ;1 of,3 • Thomas, Chris From: Snellings, Tim Sent: Wednesday, January 30, 2008 8:54 AM To: Thomas, Chris Cc: Thistlethwaite, Charles; Calarco, Pete Subject: RE: Lee Ogle would like to meet tomorrow or when possible Importance: High Do you have a few minutes to meet now??? Tim Tim Snellings, Director County of Butte Department of Development Services 7 County Center.Drive Oroville, CA 95965 530-538-6821 (direct) From: Thomas, Chris Sent: Wednesday, January 30, 2008 7:50 AM To: Snellings, Tim Subject: RE: Lee Ogle would like to meet tomorrow or when possible I hope to have the notes from the meeting ready prior to my leaving at 9:30 for an Air Quality workshop in Chico. I'll forward them to you as soon as they're done. Chris Thomas Associate Planner Butte County Department of Development Services 530.538.6706 (direct) 530.538.7601 (office) 530.538.2140 (fax) From: Snellings, Tim Sent: Tuesday, January 29, 2008 5:15 PM To: Thistlethwaite, Charles; Thomas, Chris; Calarco,'Pete Subject: RE: Lee Ogle would like to meet tomorrow or when possible Don't we need to 'get our ducks in a row' after our meeting with the neighbors? Chris: Did .you prepare some notes from the meeting that we can share with Lee and Frank? Maybe right after our staff meeting in the morning we could talk BEFORE we meet with Lee. Tim _ . Tim Snellings, Director County of Butte Department of Development Services 7 County. Center Drive Oroville, CA 95965 530-538-6821 (direct) 0 0 1 9 1 1 From: Thistlethwaite, Charles Sent: Tuesday, January 29, 2008 4:03 PM To: Snellings, Tim; Thomas, Chris; Calarco, Pete Subject: RE: Lee Ogle would like to meet tomorrow or when possible ii •That works for me too, right after our meeting. with. Thanks, Chuck �tait� cpiades .. TFis.ldr; Waite Ali p • ;.„t : ;. ” Manager, Planning Division a Butte County Department of Development Services . o : p E-mail: CThistlethwaitea-buttecounty.net Phone: (530) 538-6572 FAX. (530) 538-2140 From: Snellings, Tim Sent: Tuesday, January 29, 2008 4:00 PM To: Thomas, Chris; Calarco, Pete; Thistlethwaite, Charles Subject:. RE: Lee Ogle would like to meet tomorrow or when possible Won't work for me. How about 11:30 am on Thursday? Tim Tim Snellings, Director County of Butte Department of Development Services 7 County Center Drive Oroville, CA 95965 • 530-538-6821 (direct) From: Thomas, Chris Sent: Tuesday, January 29, 2008 3:47 PM To: Calarco, Pete; Snellings, Tim; Thistlethwaite, Charles Subject: RE: Lee Ogle would like to meet tomorrow or when possible I think Chuck thought 8 am on .Thursday would work for him and it would work for me too. Chris Thomas Associate Planner Butte County Department of Development Services 530.538.6706 (direct) 530.538.7601 (office) 530.538.2140 (fax) From: Calarco, Pete Sent: Tuesday, January 29, 2008 3:45 PM To: Snellings, Tim; Thomas, Chris; Thistlethwaite, Charles Subject: RE: Lee Ogle would like to meet tomorrow or when possible We have Users' Group at 4 with the intro of Brian Haddix as the first item. —pete �' • From: Snellings, Tim 5ent:� Tuesday, January 29, 2008 3:25 PM To: Thomas, Chris; Calarco, Pete; Thistlethwaite, Charles Subject: RE: Lee Ogle would like to meet tomorrow or when possible Page 2,of.3. 00191 2 �I• Page 3,:,qf 4 pm tomorrow is better for me. Let me know, Tim Tim Snellings, Director County of Butte Department of Development Services 7 County Center Drive OrovUle, *CA 95965 530-538-6821 (direct) From: Thomas, Chris Sent: Tuesday, January 29, 2008 2:34 PM To: Snellings, Tim; Calarco, Pete; Thistlethwaite, Charles Subjidoct: Lee Ogle Would like to meet tomorrow or when possible Lee just called — he is ready to submit more material and suggested meeting for a half an hour tomorrow at 4.. I'm. at a training in Chico through 3 pm and could get back down here if you want; otherwise Lee said Thursday or when possible before Feb 4th would work.' Chris Thomas Associate Planner Butte County Department of Development Services 530.538.'6706 (direct) .530.538.7601 (office) 530.538.2140 (fax) Page,,..J: of .i .. . Thomas, Chris From: Sent: Wednesday, January 30, 2008 4:01 PM To:. Thomas, Chris Cc: Subject: new era mine Chris, Today the mine operators are starting to spread rock on the road which there is some concern to what the correct product would be. Of perhaps more concern is they are bringing in numerous pieces of heavy equipment. The word is, and it looks like, they are pieces of the new plant they are installing at the. mine. Has there been some decision made? Or are they going ahead with their normal "ask for forgiveness and not permission."? Are they planning on presenting you with the prospect of "look we've got this far and can't turn back." In a further discussion of the meeting Monday night with many of the neighbors, we have come to a little different consensus than I feel was left at the meeting.ln regard to Mr. Snellings worries about.the operators "cutting.and running if a new permit was required" most of us are fine with that. The. land is just going to be more degraded with anything that they are doing back there, and with their attempts to mollify the SRWQCB the land is as good now as it will be for years. We have a couple of questions which we need answers to as soon as possible please: 1. What are our options if county staff decides that they are not going to require a new permit? 2. At what point can the mine start back up mining operations? • 3. Is there going to be another meeting with concerned residents? If you are planning on including the mine operators can we have 1/2 hour alone with staff before they are included? I think it is obvious from the evidence submitted thus far there was no ongoing use of the mine and the owner operator made no effort to comply with any of the requirements in his episodic tries at mining. The new operation has only made an effort to comply after they were threatened with fines. Most of the people I have been, in touch with are of the opininion that the only way to force this operation .to work in a responsible manner is to require anew permit.There is no urgency to. get this mine up and. running other that in the mind of the operators themselves. I think that we should have some time to get organized and research our concerns in a more formal way than the." throwing spitballs at the wall" format of Mondays meeting. Thank You, • 001914 Re.new.era:,,. Page.l.of.l .. Thomas, Chris From: Sent: Wednesday, January 30,.20084:49 PM To: Cc: Subject: Re:. new era mine Chris, I heartily agree with my neighbors. here and would like to emphasize that the miners' apparent tactic "Look, we're so far along, we can't stop now" is a reprehensible ploy often used by developers to bully their. way past regulations. I cannot see any point in their hurry except to avoid due legal process. Why are the. miners so opposed to current requirements except that they don't want to meet them? Thank you for your interest.. On 1/30/08 4:00,PM,. wrote: Chris, Today the mine operators are starting to spread rock on the road which there is some concern to what the correct product would be. Of perhaps more concern is they are bringing in numerous'pieces of heavy equipment. The word is, and it looks like, they are pieces of the new plant they are installing at the mine. Has there been. some decision made? Or are they going ahead with their. normal "ask for forgiveness and not permission."? Are they planning on presenting you with the prospect of "look we've got this far and can't turn back." • In a further discussion of the meeting Monday night with many of the neighbors, we have come to a little different consensus than I feel was left at the meeting.ln regard to Mr. Snellings worries about the operators "cutting and running if a new permit was required" most of us are fine with that. The land is just going to be more degraded with any thing that they are doing back there, and with their attempts to mollify the SRWQCB. the .land is as good now as it will be for years. We have a couple of questions which we need answers to as soon as possible please: 1. What are our options if county.staff decides that they are not going to require anew permit? 2. At what point can the mine start back up mining operations? 3. Is there going to be another meeting with concerned residents? If you are planning on includingthe mine operators can we have 1/2 hour alone with staff before they are included? I think it is obvious from the evidence submitted thus far there was no ongoing use of the mine and the owner operator made no effort to comply with any of the requirements in his episodic tries at mining. The new operation has only made an effort to comply after they were threatened with fines. Most .of the people I have been in touch with are of the opininion that the only way to force this operation to. work in a responsible mannerist * o require a new permit.There is no urgency to get this mine up and running other that in the mind of the' operors themselves. I think that we should have some time to get organized and research our concerns in a more formal way than the " throwing spitballs at the wall" format of Mondays meetin - 001915 Page 1 of .1. ::... Thomas, Chris From: Sent: Wednesday, January 30, 2008 5:58 PM ' To: Cc: Subject: Re: new era mine and, btw, I assume that the Lee Ogle of this supposed North Continent Mines (do we know the legal . status of this "corporation"?) is the same Lee Ogle found guilty in US Court of security fraud and fined' millions of dollars; see:. http://www.see. ov/litigation/litreleases/lr6604. On Jan 30, 2008, at 4:00 PM, vrote: Chris, Today the mine operators are starting to spread'rock on the road which there is some concern to what the correct product would.be. Of perhaps more concern is they are bringing in numerous pieces of heavy equipment. The word is, and it looks like,. they are pieces of the new . plant they are installing at the mine. Has there been some decision made? Or are they going ahead with their normal "ask for forgiveness and not permission."? Are they planning on presenting you with the prospect of "look. we've got this far and can't turn back." In a further discussion of the meeting Monday night with many of the neighbors, we have come to.a little different consensus than I feel was left at the meeting.ln regard to Mr. Snellings worries about the.operators "cutting and running if a new permit.was required" most of us are fine with that. The land is just going to be more degraded with any thing that they are doing back there, and with their attempts to mollify -the SRWQCB the land is as good now as it will be for years. We have a couple of questions which we need answers to as soon as possible please: 1. What are our options if county staff decides that they are not going to require a new permit? 2. At what point can the mine start back up mining operations? 3. Is there going to be another meeting with concerned residents? If you are planning on including the mine operators can we have 1/2 hour alone with staff before they are included? I think it is obvious from the evidence submitted thus far there was no ongoing use of the mine and the owner operator made no effort to comply with any of the requirements in his episodic tries at mining. The new operation has only made an effort to comply after they were threatened with fines. Most of the people I have been in touch with are of the opininion that the only way to force this operation to work in a responsible manner is to require a new permit. -There is no urgency to get this mine up and running other that in the mind of the operators themselves. I think that we should have some time to get organized and research our concerns in a more formal way than the throwing spitballs at the wall" format of Mondays meeting. Thank You • 00191E • Page l :of. -1 Thomas, Chris From: Sent: Wednesday, January 30, 2008 6:04 PM To: Cc: Subject: Re: new era mine and more on ogle He was involved in an "environmental remediation company" in Vancouver, BC and was actually deported from Canada after pleading guilty of fraud. Red warning flags all over! On Jan 30, 2008, at 4:00 PM, rich meyers.wrote: Chris, Today the mine operators are starting to spread rock on the road which there is some concern to what the correct product would be. Of perhaps more concern is they are bringing in numerous pieces.of heavy equipment The word is, and it looks like, they are pieces of the new plant they are installing at the mine. Has.there been some decision made? Or are they going ahead with their normal "ask for forgiveness and not permission."? Are they planning on presenting you with the prospect of "look we've got this far -and can't turn back.". In a further discussion of the meeting Monday night with many of the neighbors, we have come toa little different consensus than I feel was left at the meeting. In regard to Mr. Snellings worries about the operators "cutting and running if a new permit was required" most of us are fine with that. The land is just going to be more degraded with any thing that they are doing back there, and with their attempts to mollify the SRWQCB the land is as good now as it will be for years. We have a couple of questions which we need answers to.as soon as possible please: 1. What are our options if county staff decides that they.are not going to require a new permit?. 2. At what point can the mine start back up mining operations? 3. Is there going to be another meeting with concerned residents? If you are planning on including the. mine operators can we have 1/2 hour alone with staff before they are included? I think it is obvious from the evidence submitted thus far there was no ongoing use of the mine and the owner operator made no effort to comply with any of the requirements in his episodic'tries at mining. The new operation has only made an effort to comply after they were threatened with fines. Most of the people I have been in touch with are of the opininion that the only way to force this operation to work in a responsible manner is to require, a new permit.There is no urgency to get this mine up and running other that in the mind of the operators themselves. I think that we should have some time to get organized and research our concerns in a more formal way than the " throwing spitballs at the wall" format of Mondays meeting. Thank You; 001917 ir Thomas, Chris From: Thistlethwaite, Charles Sent: Wednesday, January 30, 2008 6:21 PM To: Thomas, Chris Subject: RE: new era mine Chris: Thanks for.the update. I just received a the e-mail from Chuck - Page -4. of 2.::. QS.UT F Charles S. Thistlethwaite, AICP Manager, Planning Division Butte County Department of Development Services CF E-mail: CThistlethwafte(aibuttecounty.net Phone: (530) 538-6572 FAX.- (530) 538-2140 From: Thomas, Chris Sent: Wednesday, January 30, 2008 4:58 PM To: Snellings, Tim; Calarco, Pete; Thistlethwaite, Charles Subject: FW: new era 'mine Thought you would want to see the email below. Chris From:.,. Sent: Wednesday� January 30, 2008 4.:01 PM To: Thomas, Chris Chris, Today the mine operators are starting to spread rock on the road which there is some concern to what.the correct product would be. Of perhaps more concern is they are bringing in numerous pieces of heavy equipment. The word is, and it looks like, they are pieces of the new plant they are installing at the mine. Has there been some decision made? Or are they going ahead with their normal "ask for forgiveness and not permission."? Are they planning on presenting you with the prospect of "look we've got this far and can't turn back." In a further discussion of the meeting Monday night with many of the neighbors, we have come to a little different consensus than I feel was left at the meeting.ln regard to Mr. Snellings worries about the operators "cutting and . running if a new permit was required" most of us are fine with that. The land is just going to be more degraded with any thing that they are doing back there, and with their attempts to mollify the SRWQCB the land is as good now as it will be for years. We have a couple of questions which we need answers to as soon as possible please: 1. What are our options if county staff decides that they are not going to require a new permit? 2. At what point can the mine start back up mining operations? 001918 Fi• Page:.2. of 2- 3. Is there going to be another. meeting with concerned residents? If you are planning on including the mine operators can we have 1/2 hour alone with staff before they are included? I think it is obvious from the evidence submitted thus far there was no ongoing use of the mine and the owner . operator made no effort to comply with any of the requirements in his episodic.tries at mining. The new operation has only made an effort to comply after they were threatened with fines. Most of the people I have been in touch with are of the opii inion that the only way to force this operation. to work in a responsible manner is to require a new permit.There is no urgency to get this mine up and running other that in the mind of the operators themselves. I think that we should have some time to get organized and research our . concerns in a more formal way than the" throwing spitballs at the wall format of Mondays meeting. Thank You, Thomas, C.hros From: Nash Gonzalez [NGonzalez@PMCWorld.com] Sent:. Wednesday, January 30, 2008 11:03 PM To: Thomas, Chris Cc: Scott Friend Subject: RE: estimate for your work on the New Era Chris: I checked with Scott friend in our Chico office and he noted that PMC has charged. $2,806.25•to date to the project.' Based upon the approval provided by the County, I believe that we've reach our first phase billing maximum and that any additional work, on this mine will need to be reauthorized by the. County. As I understand from Scott, he was going to follow up with Chuck on this.. However, you: may also want to discuss with Chuck and have him discuss any additional work on. -this mine with Scott Friend. Note, I did receive the revised cost estimates you e-mailed me, but until Chuck authorizes Scott the additional funds, I will have to wait on commencing any further work on the project. Thanks Chris, let me know if you need anything else. Nash Gonzalez, AICP 1590 Drew Avenue, Suite 120 Davis, CA 95616 Tel: (530) 750-7076, Ext. .301 Cell: (707) 332-6263 Fax: (707) 463-2566 e-mail: ngonzalez@pmcworld.com www.pmcworld.com <http://www.pmcworld.com/> From: Thomas, Chris[mailto:CThomas@buttecounty.net] Sent: Wed l/30/2008 9:08 AM To: Nash Gonzalez Subject: estimate for your work on the New Era Nash - could you give us an estimate for your billing on the New Era work to date? Thanks, • Chris Thomas 001920' Associate Planner Butte County Department of Development Services 1 i��•