HomeMy WebLinkAboutBUTTE COUNTY BOARD OF SUPERVISORS AGENDA JUNE 10, 2008ryj
BUTTE COUNTv BOARD OF SUPERVISORS AGENDA - JUNE 10, 2008
9:00 A.M. 1.00 CALL TO ORDER
1.C1 Call to Order - Board of Supervisors Room, County
Administration Building, 25 County Center Drive,
Oroville.
1.02 Pledge of Allegiance to the Flag of the United States
of America.
1.03 Observation of a Moment of Silence.
2.30 CORRECTIONS AND/OR CHANGES TO THE AGENDA.
3.100 CONSENT AGENDA
AGRICULTURE 3_01 * Letter Requesting Agricultural Disaster Designation for
Butte County - approval is requested for a letter to
- the State Director of the Office of Emergency Services
requesting assistance in obtaining an Agricultural
Disaster Designation for Butte County from the United
States Department of Agriculture. The designation is
requested because of pasture feed loss from April -1,
2008 to May 15, 2008 due to lack of spring rains -
action requested - APPROVE LETTER AND AUTHORIZE THE
CHAIR TO SIGN.
3.02 * United States Department of Agriculture, Animal and
Plant Health Inspection Service, and Wildlife
Services (APHIS -WS) - approval is requested for a
cooperative agreement with APHIS -WS for the provision
of non-domestic animal control services for depredating
wild animals. The wildlife specialist addresses the
problem of loss of livestock, wildlife rabies and
prevention of property damage. The term of the
agreement is July 1, 2008 through June 30, 2009 with a
maximum amount payable of $52,000 (department
budget) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE AGRICULTURAL COMMISSIONER TO SIGN THE
AGREEMENT. (Contract No. 14933)
BEHAVIORAL
HEALTH 3.03 * Accept Donations - approval is requested to accept
donations of a propane grill valued at $250 from Save -
Mart and .two $50 gift cards from Home Depot. The
donation will be used for the department's inpatient
unit - action requested - ACCEPT DONATIONS.
PAGE 1 JUNE 10, 2008
BUTTE COUNTS' BOARD OF SUPERVISORS AGENDA - JUNE 10, 2008
3.C4 * Housing Authority of Butte County - approval is
requested for a sole source agreement with the Housing
Authority for the provision of housing assistance
,payments and/or deposits for consumers participating in
the Homeless Mentally Ill Program. The term of the
agreement is July 1, 2008 through June 30, 2009 with an
maximum amount payable of $60,400 (proposed department
budget) - action requested - APPROVE AGREEMENT AND
AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR -CONTROLLER.
3.)5 * Gary Bess & Associates - approval is requested for this
sole source agreement for the provision of evaluation
consultation services. The term of the agreement is
July 1, 2008 through June 30, 2009 with a maximum
amount payable of $62,914 (proposed department
budget) - action requested -APPROVE AGREEMENT AND
AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR -CONTROLLER.
3.06 * Robert D. Barram, Ph.D. - approval is requested for
this sole source agreement for the provision of medical
work in the field of psychology for youth clients. The
term of the agreement is July 1, 2008 through June 30,
2009 with a maximum amount payable of $30,265.95
(proposed department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR -CONTROLLER.
3.07 * Michael Hitchko, Ph.D. - approval is requested for this
sole source agreement for the provision of
psychological services for adult clients. The term of
the agreement is July 1, 2008 through June 30, 2009
with a maximum amount payable of $42,243.30 (proposed
department budget) - action requested -APPROVE
AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR -CONTROLLER.
3.08 * Kindred HealthCare, dba Medical Hill Rehab Center,
LLC - approval is requested for a sole source agreement
with Kindred HealthCare, dba Medical Hill Rehab
Center, LLC, a'skilled nursing facility which serves
chronic mentally disordered patients. The term of the
agreement is July 1, 2008 through June 30, 2009 with
a maximum amount payable of $60,225 (proposed
department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR -CONTROLLER.
PAGE 2 JUNE'10, 2008
BUTTE COUNT't BOARD OF SUPERVISORS AGENDA - JUNE 10, 2008
3. C19 * Victor D. Mlotok, M.D. - approval is requested for this
sole source agreement. Dr. Mlotok provides psychiatric
services and oversees medical treatments for Behavioral
Health clients. The term of the agreement is July 1,
2008 through June 30, 2009 with a maximum amount
payable of $114,000 (proposed department budget) -
action requested - APPROVE AGREEMENT AND AUTHORIZE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
THE AUDITOR -CONTROLLER.
3.10 * Gene Desautels, D.O., Medical Director, Urgent Medical
Clinic - approval is requested for this sole source
agreement. Dr. Desautels conducts physical
examinations and obtains health histories for
individuals in the Psychiatric Health Facility. The
term of the agreement is July 1, 2008 through June 30,
2009 with a maximum amount payable of $34,000 (proposed
department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR -CONTROLLER.
3.11 * 7 t Avenue Center - approval is requested for a sole
source agreement with 7 t Avenue Center which provides
beds and services to Behavioral Health clients who are
in need of 24-hour skilled nursing services. The term
of the agreement is July 1, 2008 through June 30,
2009 with a maximum amount payable of $140,550
(proposed department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR -CONTROLLER.
2.12 * Linda Huffmon - approval is requested for a sole source
agreement with Linda Huffmon for the provision of
consulting services to the Department of Behavioral
Health. The term of the agreement is July 1, 2008
through June 30, 2009 with a maximum amount payable of
$94,675 (proposed department budget) - action
requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR TO
SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR -CONTROLLER.
.3. 13 * Echo Consulting Services of California, Inc. .-
amendment - approval is requested for an amendment to
the sole source agreement with Echo Consulting Services
of California, Inc. for the provision of technical
support, consultation, maintenance, and enhancement of
the Medi -Cal billing system. The amendment extends the
term of the agreement through June 30, 2009 and
increases the maximum amount payable by $93,251.28
(proposed department budget). All other terms and
provisions remain the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR -CONTROLLER.
(Contract No. X14443)
PAGE 3 JUNE 10, 2008
BUTTE COUNT- BOARD OF SUPERVISORS AGENDA - JUNE 10, 2008
3.1A * Henry Ganzler, Ph.D. - amendment - approval is
requested for an amendment to the sole source agreement
with Henry Ganzler, Ph.D. for the provision of
psychological services for Behavioral Health clients.
The amendment decreases the maximum amount payable by
$9,018.07. All other terms and provisions remain the
same - action requested - APPROVE AGREEMENT AMENDMENT
AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR -CONTROLLER. (Contract No.
X16624)
3.15 * Department of Employment and Social Services (DESS) -
amendment - approval is requested for an amendment to
the agreement with DESS for Dependency Drug Court
services. The amendment increases the maximum amount
payable by $11,840. All other terms and provisions
remain the same. Approval is also requested for
related budget transfers as detailed in the agenda
report - action requested - APPROVE AGREEMENT AMENDMENT
AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR -CONTROLLER; AND APPROVE BUDGET
TRANSFERS (4/5 vote required) ACCEPTING AND
APPROPRIATING FUNDS AS DETAILED IN THE AGENDA -REPORT.
(Contract No. X16984)
3.116 * California Department of Mental Health (DMH) - approval
is requested for a revenue agreement with DMH for the -
Fiscal Year 2008/2009 Federal McKinney Projects for
Assistance in Transition for Homelessness (PATH) grant.
The term of the agreement is July 1, 2008 through
June 30, 2009 with a maximum amount receivable of
$69,836 - action requested - APPROVE AGREEMENT AND
AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR -CONTROLLER.
3.17 * Department of Employment and Social Services (DESS) -
approval is requested for an agreement with DESS for
the provision of behavioral health services for
children placed in group homes as authorized by the SB
933 Inter -Agency Unit. The term of the agreement is
July 1, 2008 through June 30, 2009 with a maximum
amount payable of $50,000 - action requested - APPROVE
AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR -CONTROLLER.
3.18 * Butte County Probation Department - approval is
requested for an agreement with Probation for the
provision of case management and supervision of
Substance Abuse Crime Prevention Act (SACPA) clients.
The term of the agreement is July 1, 2008 through June
30, 2009 with a maximum amount payable of $302,294 -
action requested - APPROVE AGREEMENT AND AUTHORIZE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
THE AUDITOR -CONTROLLER.
PAGE 4 JUNE 10, 2008
11
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -.TUNE 10, 2008
3.19 * Superior Court of California, County of Butte -
approval is requested for this revenue agreement with
the Superior Court. Under this agreement, Behavioral
Health will provide substance abuse treatment to high-
risk multiple DUI offenders in order to assist in
coordination between treatment and the justice system.
The term of the agreement is September 1, 2007 through
August 31, 2008 with a maximum amount receivable of
$72,000. Approval is also requested for a budget
transfer of $72,000 - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR -CONTROLLER;
AND APPROVE BUDGET TRANSFERS ACCEPTING AND
APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT.
BOARD OF
SUPERVISORS 3.20 * Letter in Opposition to Senate Bill (SB) X15 (Cox) -
approval is requested for a letter opposing legislation
that would eliminate state and. county First 5
Commissions - action requested - APPROVE LETTER IN
OPPOSITION TO SBX15 AND AUTHORIZE THE CHAIR TO SIGN.
(Supervisor Kirk)
CHIEF
ADMINISTRATIVE
OFFICE 3.21 * County of Butte Fiscal Year 2008/2009 Proposed Budget -
submission of the Fiscal Year 2008/2009 proposed
budget - action requested - ACCEPT PROPOSED BUDGET FOR
FISCAL YEAR 2008/2009 AS THE AUTHORITY FOR EXPENDITURES
DURING PREPARATION OF THE FINAL BUDGET FOR FISCAL YEAR
2008/2009, AND AS THE BASIS FOR FINAL BUDGET HEARINGS;
AND SET THE PUBLIC HEARING FOR CONSIDERATION OF THE
FINAL BUDGET FOR TUESDAY, JUNE 24, 2008 AT 1:30 P.M.;
AND DIRECT THE CLERK OF THE BOARD TO PUBLISH NOTICE OF
THE HEARING PURSUANT TO GOVERNMENT CODE SECTION 29066.
3.22 *. NBS - amendment - approval is requested for an
amendment to the agreement with NBS for the provision
of financial advisor services. The amendment expands
the Scope of Work to include a cost recovery study with
no changes to the term or the maximum amount payable -
action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR -CONTROLLER.
Public Financial Management, Inc. (PFM) - amendment -
approval is requested for an amendment to the agreement
with PFM for the preparation of financial planning
documents for State loan and grant applications* in
support of the Chico Urban Area Nitrate Compliance
Program. The amendment extends the term of the
agreement through June 30, 2009. All other terms and
provisions remain the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR -
CONTROLLER. (Contract No. X11441)
PAGE 5 JUNE 10, 2008
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA - JUNE 10, 2008
3. 2A * CSU, Chico Research Foundation - amendment - approval
is requested for an amendment to the agreement with
CSU, Chico Research Foundation for mapping services for
the Chico Urban Area Nitrate Compliance Program. The
amendment extends the term of the agreement through
June 30, 2009 and increases the maximum amount payable
by $10,000 (department budget)- action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR -CONTROLLER. (Contract No. X10964)
3.25 * Letter of Opposition - approval is requested for a
letter to be sent to State Senator Sam Aanestad
opposing possible funding cuts for the Oroville
Enterprise Zone program - action requested - APPROVE
LETTER AND AUTHORIZE THE CHAIR TO SIGN.
3.26 * Appointed 'Department Head Salaries - approval is
requested to accept the appointed department heads'
voluntary deferral of Fiscal Year 2008/2009 Consumer
Price Index (CPI) salary adjustment - action
requested - ACCEPT VOLUNTARY DEFERRAL OF CPI FOR
APPOINTED DEPARTMENT HEADS.
CHILD SUPPORT
SERVICES 3-27 * Butte County District Attorney (DA) - approval is
requested for a Plan of Cooperation and Interagency
Agreement with the DA for services in support of Title
IV -D activities. The term of the agreement is July 1,
2008 through June 30, 2009. The Department of Child
Support Services will reimburse the DA's Office for
services in an amount not to exceed $216,932 (proposed
department budget) per fiscal year - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR -
CONTROLLER.
CLERK -
RECORDER 3.28 * Budget Transfer - approval is requested for a budget
transfer in the amount of $140,000 from contingencies
in order to cover unanticipated printing costs for
voting materials - action requested - APPROVE BUDGET
TRANSFERS (4/5 vote required) ACCEPTING AND
APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT.
PAGE 6 JUNE 10, 2008
BUTTE COUNTS' BOARD OF SUPERVISORS
AGENDA - JUNE 10, 2008
COUNTY "
COUNSEL 3.2:9 * McCarthy and Berlin, LLP - approval is requested for an
agreement with McCarthy and Berlin, LLP for legal
services in connection with the landfill gas project.
•The hourly rates for legal services are $310 for
partners and $250 for associates - action requested -
AUTHORIZE COUNTY COUNSEL TO EXECUTE AGREEMENT.
EMPLOYMENT
AND SOCIAL
SERVICES 3.30 * National Council on Crime and Delinquency (NCCD) -
approval is requested for.a sole source agreement with
NCCD for access to the SafeMeasures program. The term
of the agreement is July 1, 2008 through June 30, 2010
with a maximum amount payable of $74,125 (department
budget)- action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR -CONTROLLER. (Contract No.
X17182)
3..31 * Butte County Department of Behavioral Health (BCDBH) -
approval is requested for an agreement with BCDBH for
the provision of mental health and/or alcohol and drug
treatment services for children, their parents, and
family members who are at risk of child abuse and in
need of prevention or intervention services. The term
of the agreement is July 1, 2008 through June 30, 2009.
The Department of Employment and Social Services will
reimburse BCDBH $400,000 to provide treatment,
referral, assessment, and case management services and
BCDBH will provide $227,307 in additional services
(proposed department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR -
CONTROLLER.
3.32 * Butte County Department of Behavioral Health (BCDBH) -
amendment - approval is requested for an amendment to
the agreement with BCDBH for the provision of alcohol,
drug, mental health, substance abuse, and domestic
services to Ca1WORKS participants. The amendment
increases the maximum amount payable by $260,508.
Approval is also requested for related budget transfers
totaling $260,508 as detailed in the agenda report -
action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE CHAIR TO SIGN SUBJECT ,TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR -CONTROLLER; AND APPROVE BUDGET
TRANSFERS (4/5 vote required) ACCEPTING AND
APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT.
(Contract No. X16786)
PAGE 7 JUNE 10, 2008
BUTTE COUNT::' BOARD OF SUPERVISORS AGENDA - JUNE 10, 2008
3.-2;3 * Private Industry Council (PIC) of Butte County -
amendment - approval is requested for an amendment to
the agreement with PIC for the provision of Assessment
Testing; Work Experience Site Development and
Enhancement Services; and supportive services for
Ca1WORKS Welfare -to -Work participants. The amendment
extends the term of the agreement through June 30, 2009
and increases the maximum. amount payable by $480,000
(proposed department budget). Approval is also
requested for related budget transfers as detailed in
the agenda report - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR -CONTROLLER;
AND APPROVE BUDGET TRANSFERS (4/5 vote required)
ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE
AGENDA REPORT. (Contract No. X16682)
3.34 * Department of Public Health (DPH) - amendment -
approval is requested for an amendment to the agreement
with DPH for the provision of drug testing services for
clients in the Dependency Drug Court. The amendment
increases the maximum amount payable by $21,965. All
other terms and provisions remain the same. DPH also
requests a budget transfer in the same amount as
detailed in the agenda reports - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR -
CONTROLLER; AND APPROVE BUDGET TRANSFERS ACCEPTING AND
APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT.
(Contract No. X16800)
x.35 * Accept Unanticipated Revenue for Options for Recovery
(OFR) Program - approval is requested to accept $54,527
in unanticipated income from the California Department
of Social Services. The OFR program provides
specialized training to Butte and Glenn County foster
parents and caregivers. - action requested - APPROVE
BUDGET TRANSFER (4/5 vote required) ACCEPTING AND
APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT.
GENML%L
SERVICES 3.36 * Resolution Authorizing the Acquisition of 2081 2aa
Street, Oroville, CA , APN 031-161-065 and APN 031-161-
066 - Capital Project No. 170043 - consideration of a
resolution which approves the purchase of real property
for the relocation of the General Services Department.
The final purchase price is $1,500,000 - action
requested - ADOPT RESOLUTION WHICH: 1) APPROVES THE
ACQUISITION OF 2081 2ND STREET; 2) APPROVES THE PURCHASE
PRICE AND DIRECTS THE AUDITOR -CONTROLLER TO FUND THE
PURCHASE FROM CAPITAL PROJECT NO. 170043; 3) AUTHORIZES
THE PROPERTY MANAGER TO PREPARE AND EXECUTE ALL RELATED
DOCUMENTS; AND 4) AUTHORIZES THE CHIEF ADMINISTRATIVE
OFFICER TO EXECUTE THE CERTIFICATE OF ACCEPTANCE AND
ACCEPT THE TRANSFER OF TITLE.
PAGE 8 JUNE 10, 2008
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - JUNE 10, 2008
3. 37 * Modification to Contracts/Purchasing Policy and
Procedures Manual - approval is requested for non -
substantive modifications to the current
Contracts/Purchasing Policy and Procedures Manual as
detailed in the agenda report. While the department
will be proposing more substantive changes in the
future, the modifications proposed now will update the
manual to reflect current practices - action
requested - APPROVE THE MODIFICATIONS TO THE
CONTRACTS/PURCHASING POLICY AND PROCEDURES MANUAL.
3.38 * Chico Veterans Memorial Hall Capital Project - The
remodel of the Chico Veterans Memorial Hall is
complete. The funding for the remodel came, in part,
from a Community Development Block Grant (CDBG) award
and in part from general purpose revenue. The project
has $22,395 in remaining funds. Approval is requested
to close this project and transfer the balance of funds
to the Gridley Veterans ADA Improvements capital
project - action requested - AUTHORIZE THE CLOSURE OF
THE PROJECT; AND APPROVE BUDGET TRANSFER ACCEPTING AND
APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT.
Hornier
REsouacEs 1. 39 * Resolution to Amend the Salary Ordinance - the
department has prepared a resolution which will amend
the salary ordinance as follows: HUMAN RESOURCES -
The Board of Supervisors voted to renew the contract of
the Director -Child Support Services effective February
1, 2008. Pursuant to Board Resolution 07-184
establishing that the top step of Assistant Department
Heads salary ranges be set at the range that is closest
to twenty percent (20%) below the actual salary of the
respective Department Head. The Assistant Director,
Child Support Services salary should be set at range 72
of the Salary Ordinance, Section 57, Reference 0,
entitled, "Salary Schedule for Non -Rep and Linked
Classifications." This change to be effective February
1, 2008. The Board of Supervisors voted to renew the
contract of the Agricultural Commissioner/Director of
Weights and Measures effective May 8, 2008. Pursuant to
Board Resolution 07-184 establishing that the top step
of Assistant Department Heads salary ranges be set at
the range that is closest to twenty percent (20%) below
the actual salary of the respective Department Head.
The Assistant Agricultural Commissioner/Director of
Weights & Measures salary should be set at range 66 of
the Salary Ordinance, Section 57, Reference 0,
entitled, "Salary Schedule for Non -Rep and Linked
Classifications." This change to be effective May 8,
2008. DISTRICT ATTORNEY - The District Attorney's
department is requesting that one (1) fifty percent
(50%) position of Paralegal (Class Code 7024) with a
sunset date of June 30, 2008 be extended to June 30,
2009. This position will continue to be funded with
Assets Forfeiture Funds. The department requests that
PAGE 9 JUNE 10, 2008
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - JUNE 10, 2008
one (1) position of Investigator I, II (Class Codes
7017/7016) with a sunset date of June 30, 2008 be
extended to June 30, 2009. This position will continue
to be partially funded by BASS in partnership with
Probation and assigned to BINTF. The department
requests that one (1) position of Office Assistant
(Class Code 1057) with a sunset date of June 30, 2008
be extended to June 30, 2009. This position will
continue to be funded through the District Attorney's
Vertical Prosecution Block Project-SRVP. The
department requests that one (1) position of
Supervising, Deputy District Attorney (Class Code 7003)
with a sunset date of June 30, 2008 be extended June
30, 2009. This position continues to be fully funded by
an agreement by the State of California
Interjurisdictional Employee Program. The department
requests that one (1) position of Investigator I, II
(Class Codes 7017/7016) with a sunset date of June 30,
2008 be extended to June 30, 2009. This position
continues to be partially funded. by the Marijuana
Suppression Grant through the Butte County Sheriff's
Office. The department requests that one (1) position
of Investigator I, II (Class Codes 7017/7016) with a
sunset date of June 30, 2008 be extended to June 30,
2009. This position continues to be partially funded by
SAPP Grant Funding. The department requests that one
(1) position of Investigator I, II (Class Codes
7017/7016) and one (1) position of Investigative
Assistant (Class Code 7018) both with sunset dates of
June 30, 2008 be extended to June 30, 2009. These
positions will be partially funded by the Department of
Insurance Worker's Compensation Fraud Program. The
department requests that one (1) position of
Investigator I, II (Class Codes 7017/7016) with a
sunset -date of June 30, 2008 be extended to June 30,
2009. This position was budgeted for in the department
TNCC. The department requests that one (1) position
of Investigative Assistant (Class Code 7018) with a
sunset date of June 30, 2008 be extended to June 30,
2009. This position will be funded by DACOM and by the
Department of Insurance/Auto Fraud Grant. The
department requests that one (1) position of Deputy
District Attorney I, II, III, IV (Class Codes
7004/7005/7006/7007) with a sunset date of June 30,
2008 be changed to a full-time permanent position.
Funding for this position will be eighty percent (80%)
General Fund and twenty percent (20%) grant funded.
The department requests that one (1) position of
District Attorney Victim Counselor (Class Code 7020)
with a sunset date of June 30, 2008 be changed to a
full-time permanent position. Funding for this position
will be seventy percent (70%) General Fund and thirty
percent (30%) grant funded. SHERIFF-CORONER-B.I.N.T.F
- The Sheriff's Department is requesting that two (2)
positions of Sheriff's Clerk I, II, III (Class Codes
6847/6846/6845) with sunset dates of June 30, 2008 be
PAGE 10 JUNE 10, 2008
BUTTE COUNT-' BOARD OF SUPERVISORS
AGENDA - JUNE,10, 2008
extended to June 30, 201
CORRECTIONS - The Sheriff's
that two (2) positions of Cc
Code 6825) with sunset dat
extended to June 30, 2009. 11
The Sheriff's Department is
position of Sheriff's Clerk
6845/6846/6847) with a sunse
changed to a full-time permai
for this position is from
Service provided by the d(
passed that require all peon
to be fingerprinted, the i
revenues will sustain a full
CORONER - RURAL COUNTY SUP
Sheriff's department is i
position of Crime Prevention
9. Sri1;Kl r'r'-C UKVivC K -
department is requesting
crectional Officer (Class
as of June 30, 2008 be
HERIFF-CORONER-SERVICES -
requesting that one (1)
I, II, III (Class Codes
date of June 30, 2008 be
ent position. The funding
the Livescan/Fingerprint
partment. With new laws
Le who work with children
ork load and 'increasing
-time position. SHERIFF-
ILEMENTAL FUNDING - The
equesting that one (1)
Officer (Class Code 6852)
and six (6) positions of Deputy Sheriff (Class Code
6816) with sunset dates of June 30, 2008 be extended to
June 30, 2009. These positions will continue to be
funded for through June 30, 2009. SHERIFF -CORONER -
SPECIAL ENFORCEMENT UNIT - The Sheriff's department is
requesting that one (1) position of Deputy Sheriff
(Class Code 6816) with a sunset date of June 30, 2008
be extended to June 30, 2009. This position will
continue to be funded by the California Department of
Boating and Waterways. The Sheriff's department is
also requesting that one (1) position of Deputy Sheriff
(Class Code 6816) and one (1)- position of Sheriff's
Sergeant (Class Code 6813) with sunset dates of June
30, 2008 be extended to June 30, 2009. Both positions
will continue to receive funding from the California
Multi -Jurisdictional Enforcement Team Grant. SHERIFF -
CORONER -OPERATIONS - The Sheriff's department is
requesting that one (1) position of Sheriff's Clerk I,
II, III (Class Codes 6845/6846/6847) with a sunset date
of June 30, 2008 be extended to June 30, 2009, and one
(1) position of Deputy Sheriff (Class Code 6816) with
a term date of June 30, 2008 be extended to June 30,
2009. PROBATION - The Probation Department is
requesting that two (2) positi(
III, II, I (Class Codes 5513,
position of Probation Technicia
sunset dates of June 30, 2008
2009. These positions are I
Resource Team and are funded
Behavioral Health. In addit.
requesting that one (1) positi
III, II, I (Class Codes 5513/
date of June 30, 2008 be ext(
This position is part of the Dr
is funded by the Department of
department is requesting tha
Supervising, Probation Officer
PAGE 11
ns of Probation Officer
5514/5515) and one (1)
n (Class Code 5517) with
ee extended to June 30,
art of the Forensics
by the Department of
on the department is
en of Probation Officer
514/5515) with a sunset
nded to June 30, 2009.
ig Court Partnership and
Behavioral Health. The
one (1) position of
(Class Code 5511), and
JUNE 10, 2008
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - JUNE 10, 2008
one (1) position of Probation Officer III, II, I (Class
Codes 5513/5514/5515) with sunset dates of June 30,
2008 be extended to June 30, 2009. The department is
requesting that one (1) position of Probation Officer
III, II, I (Class Codes 5513/5514/5515) and two (2)
positions of Probation Technician (Class Code 5517)•
with sunset dates of June 30, 2008 be extended to
September 30, 2008. GENERAL SERVICES - The General
Services Department is requesting to delete one (1)
position of Office Specialist (Class Code 1056) from
budget unit 723 and add one (1) position of
Administrative Assistant or Office Specialist, Senior
or Office Specialist (Class Codes 1054/1055/1056). This
change will allow the department more flexibility with
duties and assignments as well as provide promotional
opportunities as the nature of the work changes and
becomes more complex. Change to be effective June 14,
2008. LIBRARY - The Library is requesting that three
(3) positions of Library Assistant (Class Code 2815)
with sunset dates of June 30, 2008 be extended to June
30, 2009. These positions will continue to be funded by
the City of Chico - action requested - ADOPT RESOLUTION
AND AUTHORIZE THE CHAIR TO SIGN.
LIBRARY 3.40 * Library Donations - pursuant to Government Code Section
25355, donations of $1,571.60 from the Oroville Friends
of the Library; $6,450 from Chico Friends of the
Library; $100 from Nancy Brower in honor of Trent Gori;
$100 from Janyce Heath in honor of Homer Heath; $2,000
from Gridley Friends of the Library; $154 from an
anonymous source; $100 from Oroville Lions Club; $100
from Maudie Penney; and $2,122.40 from the Paradise
Friends of the Library have been received for the
purchase of books; $807.62 from the Paradise Friends of
the Library has been received for operations - action
requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF
APPRECIATION.
PROBATION 3.41 * Anti -Drug Abuse Enforcement Program - approval is
requested for authorizati-on to apply for $170,520 from
the Office of Emergency Services in grant funds for
Fiscal Year 2008/2009. In the current enforcement
program, multiple county departments and city police
departments coordinate operations and intervention
strategies that target drug offenders - action
requested - AUTHORIZE THE CHIEF PROBATION OFFICER, OR
HIS DESIGNEE, TO EXECUTE ALL DOCUMENTS NECESSARY FOR
THE PURPOSES OF SECURING THE GRANT FUNDS AND CARRYING
OUT THE PURPOSES SPECIFIED IN THE GRANT APPLICATIONS.
PAGE 12 JUNE 10, 2008
BUTTE COUNT:' BOARD OF SUPERVISORS AGENDA - JUNE 10, 2008
PUBLIC
HEALTH 3.42 * California Department of Health Services (CDHS) -
approval is requested for an agreement with CDHS in
order to participate in the Medi -Cal Administrative
Activities (MAA) program. Participation in the program
allows for the department to be reimbursed for
administrative activities in support of the Medi -Cal
Targeted Case Management program. The term of the
agreement is July 1, 2008 through June 30, 2011 with a
maximum amount payable of $300,000 - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR -CONTROLLER.
3.d3 * Oroville Animal Health Center - amendment.- approval is
requested for an amendment to this agreement for the
provision of boarding, quarantine, and medical services
to animals referred by the Butte County Animal Control
Division. The amendment extends the term of the
agreement through June 30, 2009 and increases the
maximum amount payable by $24,999 (department budget).
All other terms and conditions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
THE AUDITOR=CONTROLLER. (Contract No. X16029)
3.44 * Questa Engineering Corporation - approval is requested
for a sole source agreement with Questa Engineering
Corporation for the environmental review under the
California Environmental Quality Act (CEQA) for the on-
site wastewater ordinance and manual. The term of the
agreement is June 17, 2008 through June 30, 2009 with
a maximum amount payable of $137,000 - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR -CONTROLLER.
3.35 * Relief of Accountability - approval is requested for
relief of accountability for a $10.00 loss as a result
of a cash shortage. An investigation by the Auditor's
office found no evidence of fraud or gross
negligence - action requested - RELIEVE ACCOUNTABILITY
IN THE AMOUNT OF $10.00.
PAGE 13 JUNE 10, 2008
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - JUNE 10, 2008
3.46 * Look Ahead Veterinary Hospital - amendment - approval
is requested for an amendment to the agreement with
Look Ahead Veterinary Hospital for the provision of
boarding, quarantine, and medical services to animals
referred by the Butte County Animal Control Division.
The amendment extends the term of the agreement through
June 30, 2009, increases the maximum amount payable by
$30,000, and adds boarding, quarantine, and medical
services for dogs and cats (proposed department
budget) - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR -CONTROLLER.
(Contract No. X16031)
3.47 * Greg Costo - amendment - approval is requested for an
amendment to the agreement with Greg Costo for the
provision of services that are required of a lab
director. The amendment extends the' term of the
agreement through June 30, 2009 and increases the
maximum amount payable by $60,000 (proposed department
budget) - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR -CONTROLLER. (Contract
No. X14917)
3.48 * First 5 Butte County Children and Families
Commission (BCCFC) —amendment - approval is requested
for an amendment to the agreement with BCCFC to assist
in funding the Butte County Breastfeeding Center. The
amendment extends the term of the grant agreement
through December 31, 2007 - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR -CONTROLLER.
(Contract No. X15155)
PUBLIC
WORKS 3.49 * Resolution Authorizing the Submittal of the Butte
County Regional Used Oil Block Grant Recycling Program
Grant Applications - approval is requested for a
resolution approving regional grant applications to the
California Integrated Waste Management Board for funds
under the next four cycles of Used Oil Block Grants.
The funds will be used to continue and expand used
oil education programs. Current fiscal year funding
is estimated at $40,000 - action requested - ADOPT
RESOLUTION APPROVING GRANT APPLICATION AND AUTHORIZE
THE CHAIR TO SIGN; AND AUTHORIZE THE DIRECTOR OF PUBLIC
WORKS, OR HIS DESIGNEE, TO EXECUTE ALL DOCUMENTS
NECESSARY FOR THE PURPOSES OF SECURING THE GRANT FUNDS
AND CARRYING OUT THE PURPOSES SPECIFIED IN THE GRANT
APPLICATIONS.
PAGE 14 JUNE 10, 2008
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - JUNE 10, 2008
3.50 * Notice of Completion - Vadose Zone Extraction Wells at
the Neal Road Sanitary Landfill - All contract work has
been completed. The work consisted of installing
vadose zone wells along the borders of modules 1, 2,
and 3 to collect migrating subsurface landfill gas and
to connect the existing landfill gas extraction
system - action requested - ACCEPT CONTRACT WORK;
AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION;
AND AUTHORIZE THE RECORDING OF THE NOTICE OF
COMPLETION.
3.51 * Award of Bid for Overlay of the Riceton Highway from
Afton Road to the Union Pacific Railroad Tracks, County
Project No. 16321-07-01 - Two bids for this project
were received and opened on May 13, 2008. The lowest
responsible and responsive bidder was Granite
Construction Company of Watsonville, CA with a bid in
the amount of $458,998. The construction portion of
this project is being funded by Proposition 1B
funds - action requested AWARD BID TO GRANITE
CONSTRUCTION COMPANY.
3.52 * Caltrans Highway 70-Ophir Road Safety Project -
Caltrans is currently on the second phase of this
project that will widen a portion of Highway 70.
Approval is requested for a Right of Way Contract
between Butte County and Caltrans for the dedication of
the right of way and temporary construction easement -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
THE AUDITOR -CONTROLLER.
SHERIFF -
CORONER 3.53 * Additional Appropriation for Fixed Asset Purchase -
approval is requested for an additional appropriation
of $2,500 for the purchase of two tactical range
robots. On May 6, 2008, this Board accepted and
appropriated $12,500 for this purchase, but the total
cost, including shipping and tax is estimated to be
approximately $14,328 - action requested - INCREASE THE
FUNDING FOR THE PURCHASE OF TWO TACTICAL RANGE ROBOTS
BY $2,500.
3.54 * U.S. Department of Agriculture, Forest Service (USFS) -
approval is requested to ratify the Sheriff's signature
on an agreement with the Forest Service for services in
support of operations to suppress manufacturing and
trafficking of controlled substances. The USFS has
awarded the Sheriff's office $37,000 for Fiscal Year
2008/2009 (proposed department budget) - action
requested - RATIFY SHERIFF RENIFF'S SIGNATURE ON
AGREEMENT.
PAGE 15 JUNE 10, 2008
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -.TUNE 10, 2008
I
TPJ=URER/ .
TAX COLLECTOR 3. 55 * Treasury Oversight Committee Nomination - action
requested - APPOINT KATHY WHITE AS THE BUTTE COUNTY
SCHOOL DISTRICTS' DESIGNATED REPRESENTATIVE.
3.56 * Monthly Investment Report —submitted is the Monthly
Investment Report dated April 30, 2008, in accordance
with the Statement of Investment Policy dated
July 1, 2007 - action requested - ACCEPT FOR
INFORMATION.
3.37 * Introduction of an Ordinance Amending Butte County Code
Section 2-166 Delegating Investment Authority to the
Butte County Treasurer -Tax Collector - pursuant to
Government Code Section 53607, approval is requested
for an ordinance which will delegate investment
authority to the Treasurer -Tax Collector for Fiscal
Year 2008/2009. This ordinance will replace No. 3964
which expires June 30, 2008 - action requested - WAIVE
READING OF THE ORDINANCE.
3.58 * Columbia Ultimate Business Systems, Inc. - amendment -
approval is requested for an amendment to the agreement
with Columbia Ultimate Business Systems, Inc. for
software licensing, service, and support., The
amendment extends the term of the agreement through
June 30, 2009 and increases the maximum amount payable
by $39,860 (proposed department budget). All other
terms and provisions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL
AND THE AUDITOR -CONTROLLER.
OTHER
DEPARTMENTS
AND AGENCIES 3.59 * Durham Mosquito Abatement District - action requested -
REAPPOINT JOHN AZEVEDO AND STEVE GALE TO TERMS TO END
DECEMBER 31, 2009; REAPPOINT WILLIAM M. DEMPSEY TO A
TERM TO END DECEMBER 31, 2010; AND REAPPOINT SANDRA
ATTEBERRY TO A TERM TO END DECEMBER 31, 2011.
4.30 REGULAR AGENDA
BOARDS,
COWaSSIONS AND
COMUTTEES 4. D1 * Boards, Commissions and Committees.
1. Appointments to Listed Vacancies.
2. Board Member or Committee Reports.
PAGE 16 JUNE 10, 2008
J
BUTTE
UPDATES
)UNiY BOARD OF SUPERVISORS AGENDA - JUNE 10, 2008
IM
SLATI'.VE
;ATED
4.02 Update on Current Budget and Legislative Issues by the
Chief, Administrative Officer.
4 1!03
4 .110 4 ' *
PRESENTATION
AND DISCQSSION
ITEMS 4 . 0 5
4 .10 6 *
Update of General Plan 2030 Process by Director -
Development Services.
Update Regarding Upcoming Butte County Code Amendments.
Comprehensive Economic Development Strategy (CEDS)
Priority List - The Economic Development Administration
(EDA) requires the Tri -County Economic Development
District to complete a five year planning document, the
CEDS, in order to guide regional economic development
efforts. The Tri -County Economic Development
Corporation (Tri -County EDC) utilizes the CEDS to
identify and prioritize public works and other economic
development projects within the District - action
requested - AMEND, IF NEEDED, AND APPROVE THE
COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY PRIORITY
LIST AND DIRECT STAFF TO FORWARD TO TRI -COUNTY EDC.
(Chief Administrative Office)
Resolution Establishing Salary and Benefits for Non -
Represented Classifications - consideration of a
resolution that will allow up to two out of sequence
merit increases per fiscal year. This amendment allows
for more flexibility in the compensation plan for non -
represented classifications and will enhance the
county's succession planning - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR -TO SIGN. (Human
Resources)
PAGE 17 JUNE 10, 2008
a
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - JUNE 10, 2008
It
4.07 Items Removed from the Consent Agenda for Board
1# Consideration and Action.,
5.00
PuBLIc HEARINGS AND TIMED ITEMS
9:50 A.M. 5.01
* Public Hearing - Aircon Energy - approval is requested
for an energy services agreement with Aircon Energy for
the replacement of eleven rooftop units at the West
Jail facility. This upgrade will reduce greenhouse gas
emissions by 157 tons per year and provide $25,420 of
energy savings per year. The term of the agreement is'
60 days from the Notice to Proceed, and the maximum
amount payable is $308,029 (department budget).' action
requested - FIND THAT THE TERMS OF THE PROPOSED
AGREEMENT ARE IN THE INTEREST OF THE COUNTY AND PUBLIC
AND THAT THE ANTICIPATED COSTS OF THE PROPOSED
y AGREEMENT IS LESS THAN THE ANTICIPATED COSTS TO THE
COUNTY IF REPLACEMENT IS NOT DONE; AND APPROVE THE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (General
Services)
10:00 A.M. 15."02 * Public Hearing - Adoption of an Ordinance Amending
Article VII of Chapter 3 of the Butte County Code
Adjusting Specific Gate Fees Chargeable at the Neal
Road Sanitary Landfill - Neal Road Landfill gate fees
,fund landfill operations and associated programs. In
recent years, staff and solid waste committee developed
an approach to review program expenses annually and
adjust gate fees accordingly in order to minimize
increase to landfill customers. Various fees will be
increased in Fiscal Year 2008/2009 - action
requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO
SIGN. (Public Works)
PAGE 18 JUNE 10, 2008
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -.TUNE 10, 2008
10:10 A.M. 5.03 * Continued Public Hearing - Two Appeals of Planning
Commission's Decision Related to Tentative Parcel Map
(TPM) 06-0020 - The following appeals were received on
this project: 1) an appeal by the applicant regarding
the requirement to improve Webb Avenue along the parcel
• frontage and out to Rose Avenue; and 2) an appeal by a
neighbor regarding approval of the project - action
requested - STAFF RECOMMENDS ADOPTING A RESOLUTION
WHICH:
1) GRANTS PORTIONS OF BOTH APPEALS BY ALLOWING
REDUCED RIGHT-OF-WAY WIDTHS WITH NO CURB,
GUTTER, OR SIDEWALK ALONG WEBB AVENUE AND
REMOVING THE LEACH -FIELD FREE AREA ENCROACHMENT
FROM THE HILL PROPERTY (APN 043-690-015) VIA MAP
REDESIGN;
2) DENIES PORTIONS OF BOTH APPEALS BY REQUIRING A
STANDARD STRUCTURAL SECTION AND REQUIRING
DRAINAGE IMPROVEMENTS;
3) FINDS THE PROJECT WILL NOT RESULT IN ADVERSE
IMPACTS TO EXISTING SEPTIC SYSTEMS AND WELLS IN
THE AREA AND THAT PROPOSED ACCESS IS ADEQUATE TO
SERVE THE PROJECT AND OTHER DEVELOPMENT ALONG
WEBB AVENUE;
4) ADOPTS A MITIGATED NEGATIVE DECLARATION PURSUANT
TO CEQA; AND
5) APPROVES TPM06-0020 WITH FINDINGS AND CONDITIONS,
INCLUDING: MODIFYING CONDITIONS OF APPROVAL 8,
9, AND 21; REMOVING CONDITIONS 25 AND 26; AND
ADDING CONDITION 29.
PAGE 19 JUNE 10, 2008
N
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - JUNE 10, 2008
10:45 A.M. 5.04 * Public Hearing -_Four Appeals of Planning Commission
Resolution 08-24 Modifying and Adopting a Revised
Order to Comply Regarding an Amended Mining and
Reclamation,Permit for the New Era Mine'- The
modified Revised Order to Comply, which became
effective on April 21, 2008, requires seven actions
of the New Era operators, including requirements to
take all appropriate actions necessary to obtain
approval of an amended mine permit, reclamation plan,
and a financial assurance mechanism in accordance
with a compliance schedule. Action 7 of the Revised
Order to Comply allows the operators to continue
mining operations in Pits 1 and 2 while taking
appropriate actions to obtain approval of an amended
mining permit and reclamation plan over an 18 -month
period from the effective date of the order - action
requested - STAFF RECOMMENDS THE BOARD APPROVE A
MOTION OF INTENT TO UPHOLD THE PLANNING COMMISSION'S
APRIL 10, 2008 MODIFICATION OF THE REVISED ORDER TO
COMPLY AND DENY THE FOUR APPEALS FROM NORTH CONTINENT
LAND AND TIMBER, THE NEW ERA MINE OPERATORS; RICHARD
MEYERS; THE RESIDENTS OF BUTTE VALLEY; AND LUCY
COOKE. (Development Services)
6.30 PUBLIC COMMENT
Comments to the Board on issues and items not listed
on the agenda. Presentations will be•limited to -five
minutes. Please note that pursuant to California
state law, the Board of Supervisors is prohibited .
from taking action on any item not listed on the
agenda.
PAGE 20 JUNE 10, 2008
I
0
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -.TUNE 10, 2008
7
7.'6'
.6
CLOSED SESSION
7.01
ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC.
54956.9(a): THREE CASES
1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100).
2. BUTTE COUNTY V. NATIONAL INDIAN GAMING
COMMISSION (NIGC); CASE NO. 08-519 USDC -
DISTRICT OF COLUMBIA;
3. FIRST RESPONDER V. COUNTY OF BUTTE; BUTTE COUNTY
+
SUPERIOR COURT CASE NO. 137303.
7.02
CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO
GOV. CODE SECTION 54956.8:
1
PROPERTY: 183 E. 6TH STREET, CHICO, CA.
AGENCY NEGOTIATOR: CHIEF ADMINISTRATIVE OFFICER
NEGOTIATING PARTY: DANIEL F. HUNT
'
NEGOTIATIONS: PRICE AND TERMS OF LEASE.
7.03
j
PUBLIC EMPLOYEE EMPLOYMENT, PERFORMANCE EVALUATIONS,
INCLUDING: GOALS, PURSUANT TO GOVERNMENT'CODE SECTION
54957:
1. AGRICULTURAL COMMISSIONER
2. BEHAVIORAL HEALTH DIRECTOR
3. CHIEF ADMINISTRATIVE OFFICER
4. CHIEF PROBATION OFFICER
5. CHILD SUPPORT SERVICES DIRECTOR
6. COUNTY COUNSEL
7. DEVELOPMENT SERVICES DIRECTOR
8. EMPLOYMENT AND SOCIAL SERVICES DIRECTOR
$
9. HUMAN RESOURCES DIRECTOR/INTERIM DIRECTOR
10. INFORMATION SERVICES DIRECTOR
11. LIBRARY DIRECTOR
12. PUBLIC HEALTH DIRECTOR
13. WORKS DIRECTOR
14. WATERPUBLIC
ANDRESOURCECONSERVATION DIRECTOR.
1} PAGE 21 JUNE 10, 2008
a.y
Information and Procedures Concerning the Agenda and Conduct of
the Board of Supervisors Meetings
Meeting Information: Meetings are generally held the second and fourth Tuesday of each month. Meetings start at 9:00 a.m. and
are held in the Board of Supervisors Chambers, County Administration Building, 25 County Center Drive,
Oroville. At the end of each year the Board adopts a meeting schedule for the upcoming year. Meeting
dates can be changed as a result of holidays or other events so please check the meeting calendar to be
certain. Copies of the adopted meeting calendar for the year are available in the County Administrative
Office or at the Clerk of the Board website at www.buttecounty.net/cob.
Agenda Information: The agenda for every meeting of the Board is posted in front of the County Administration Building at
least 72 hours before each meeting, and is available by mail subscription, e-mail subscription, or at the
Clerk of the Board website. A copy of the agenda and supporting materials provided to the Board of
Supervisors members to explain each agenda item (excluding documents that are not a public record within
the meaning of the Public Records Act) are available for your review at the County Administrative Office,
the Chico, Oroville, and Paradise libraries (please do not remove items from these files), and at the Clerk
of the Board website. Copies of supporting materials can be made for you at a charge to cover costs. The
list of communications included with the agenda packages is not comprehensive. Additional
communications to the Board of Supervisors may have been received but not included in the agenda
supporting material. Copies of all communications received by the Board of Supervisors (excluding
documents that are not a public record within the meaning of the Public Records Act) are available at the
Administrative Office upon request. An (') appearing before an agenda item signifies that material has
been provided to the Board of Supervisors members to explain that item.
Agenda Format and
Meeting Order: The agenda is usually organized into the following areas and meetings generally proceed in the following
order:
1. Consent Agenda: these are items that are considered routine and are handled by one motion and
vote of the Board. If you wish to discuss any item on the Consent Agenda you can either fill out
a speaker card (located in the back of the board room) and give it to the Clerk of the Board
(sitting to the right of the Board) or, when the Chair asks if there is anything anyone would like
to remove from the Consent Agenda, stand and approach the podium and request the item be
removed. The removed items are discussed at the end of the Regular Agenda.
2. Regular Agenda: this is where presentations to the Board and items that require full discussion
are heard. Items removed from the Consent Agenda are discussed under this section.
3. Public Hearing and Timed Items: this is where items that are required by law to be heard as a
public hearing are set. This is the section where appeals before the Board are usually discussed.
Hearings may start after the time listed, but will never start before the time listed.
4. Public Comment: this is the area of the agenda where members of the audience may address the
Board on any matter not listed on the agenda. The Board, by law, cannot take action on any
matter not listed on the agenda, but may respond to statements or questions and provide staff
direction.
5. Closed Session: the Board is authorized, by law, to meet in a closed session in certain
circumstances. This area of the agenda identifies those items that will be discussed during the
closed session.
Public Participation: It is the policy of the Board of Supervisors, and a requirement of the California Open Meetings Law, to
allow members of the public the opportunity to comment on all matters before the Board. Public
participation is limited to matters within the subject matter jurisdiction of the Board pursuant to
Government Code Section 54954.3. The`Board has adopted policy and procedures to facilitate the meeting
process and conduct. A complete listing of these policies and procedures can be found in the printed
booklet agenda, obtained at the County Administrative Office, or viewed at the Clerk of the Board website.
The Board of Supervisors is also committed to making its proceedings accessible to all citizens.
Individuals with special needs should call the Clerk of the Board at 530-538-7631, Monday through
Friday, 8:00 a.m. to 5:00 p.m. to request disability -related modifications/accommodations or to request
materials in alternate formats. All requests for special accommodations and/or alternative format
documents must be made 48 hours prior to the meeting.
For further information oontact the: Clerk of the Board of Supervisors
County Administrative Office
25 County Center Drive, Oroville, CA 95965
530-538-7631
www.buttecounty.net/cob
Attachment
Description
A
Labeled "County Emails C.P.RA. Volume 1". Includes email
correspondences and email attachments sent to/from County
employees. This document was submitted to Butte County Department
of Development Services on March 12, 2008. -
B
Labeled "County Emails C.P.RA. Volume 2". Includes,- a Public'
Records Request response from County Counsel, dated March 5, 2008.
The response is to a request made by North Continent Land & Timber,
dated . February 5, 2009. Also Includes email correspondences and
email attachments sent to/from County employees. This document was
submitted to Butte County Department of Development Services on
March 12, 2008.
C
Labeled "Butte County Emails". Includes email correspondences and
email attachments sent to/from County employees. This document was
submitted to Butte County Department of Development Services on
March 12, 2008.
D
Labeled "Mining Operation Annual Reports".. Includes Department of
Conservation Mining Operation Annual Report forms and attachments.
This document was submitted to Butte County Department of
Development Services on March 12, 2008.
E
Labeled "Logan Documents". Includes Butte County Planning
Commission documents, correspondences from County, and State
agencies, and attorneys. This document was submitted to Butte County
Department of Development .Services on March 12, 2008. .
F
Labeled "New Era Operating Information". Includes mine operation
information, including maintenance completed at the mine and in
proximity to the mine. This document was submitted to Butte County
Department of Development Services on March 12, 2008.
G
Labeled "DFG Stream Alteration". Includes correspondences, mail
.receipts, and CA Department of Fish and Game documents and
attachments. This document was submitted to . Butte County
Department of Development Services on March 12, 2008.
H
Labeled "Logan Receipts". Includes copies of a variety of receipts, one
page of a recorded document, titled "New Era Mine #I Claim Yearly
Filing", and a business card. This document was submitted. to Butte
County Department of Development Services on March 12, 2008.
I Labeled "Affidavits". Includes one letter, a copy of a receipt, copies of
checks, and documents titled "Affidavits". This document was
submitted to Butte County Department of ' Development Services on
March 12, 2008..
J Labeled "County Emails Volume Three"..,Includes emails to/from
County employees and email attachments. This document was
submitted to Butte County Department of Development Services on
March 13, 2008.
K Labeled "Miscellaneous Documents". Includes correspondences and
attachments to/from the CA Regional Water Control Board, State
Water Resources Control Board, Butte County Environmental Health,
and the Internal Revenue Service This document was submitted to
Butte County Department of Development Services on March 12,
2008.
L Labeled "IRS Placer Mining". Includes a document titled "Market
Segment Specialization Program: Placer Mining Industry". produced
by the Intemal .Revenue Service. This document was submitted to
Butte County Department of Development Services on March 12,
2008.
M Stormwater Pollution Prevention Plan, prepared by Holdrege & Kull,
dated March 1, 2008. Also Includes a letter from State Water
Resources Control Board acknowledging receipt of a Notice of Intent,
dated 10/31/2007. This document was submitted to Butte County
Department of Development Services on March 12, 2008. ,
N Report of Waste Discharge for New Era Mine, prepared by Holdrege
& Kull, dated February 7, 2008. Also Includes transmittal letter to the
CA Regional Water Quality Control Board dated March 10, 2008. This
document was submitted to Butte County Department of Development
Services on March 12, 2008.
O Labeled "State of California Application for New License Oroville
Dam". Includes Preliminary Draft Environmental, Assessment Progress
Summary, Volume II, dated April 30, 2004, Department of Water
Resources. This document was submitted to Butte County Department
of Development Services on March 12, 2008.
P Sediment and Erosion Control Plan for New Era Mine, prepared by
Holdrege & Kull, dated December 28, 2007. This document was
submitted to Butte County Department of Development Services on
March 12, 2008.
Q
Butte County General Plan 2030 Settings . and Trends, Mineral
Resources. Pages 11-1 — 11-17. This document was submitted to'Butte .
County Department of Development Services on March 13, 2008. (2
copies).
R
Labeled "Canyon Creek Nursery". Includes photographs, and what
appear to be printouts from a website. This document was submitted to
Butte County Department of Development Services on March 13,
2008.
S
Labeled "Almond Avenue Pit". Includes.' photographs and a
reclamation plan. This document was submitted to Butte County
Department of Development Services on March 13, 2008: (2,copies).
T
Document on North Continent Land & Timber, Inc. -letterhead, dated
March 8, 2008, regarding,"Operation of the New' Era Mine, Minim
and' Reclamation Permit No. 81-135", addressed to' "Concerned
Residents". This document was submitted to Butte County Department .
of Development Services on March 13, 2008. (2 copies).
U
Document on North Continent Land & Timber, Inc. -letterhead, dated
March 10, 2008, regarding "Mining and Reclamation Permit No. 81-.
135 (New Era Mine)"' addressed the Butte Courtly, Planning- `
Commission. This document was submitted to Butte County
Department of Development Services on March 11; 2008. (5 copies).
V
Labeled "New Era Mine Pictorial Documentation March 13, 2008".
Includes pictures. of.the mine site and surrounding area.. This document
was submitted to Butte, County Department of Development Services
on March 13, 2008. (3 copies):
W
Holdrege & Kull, Statement of Qualifications, 2008. This document
was submitted to Butte County Department of Development Services
on March 13, 2008. (2 copies).
X
Financial Assurance Estimate Report for New Era Mine, prepared by
Holdrege & Kull, dated March 11, 2008. This document was .
submitted to Butte County Department of Development Services on
March 13, 2008.
Y
Paradise Post Article titled "A pot of gold".
Z
Labeled "Exhibit U. Photographs.
AA Receipts and other documents. Appears to contain some of the
information that was submitted in. Attachment H, above, including
copies of a variety of receipts, one page of a recorded document, titled
"New Era Mine #I Claim Yearly_ Filing", and a copy of a business
card.
BB Labeled "New Era Mine 1981"..
Includes correspondences to/from
Butte County, attorneys, Stream or Lake Alteration. documents, .
documents from County, State and Federal agencies, and: documents
titled "Affidavit".
CC
Labeled "New Era- Mine 1982". Includes correspondences from a
mine safety trainer, correspondences to Planning Commission from
land owners on Dry Creek Road, correspondences' and attachments
to/from Butte County to Ronald Logan, Planning Commission agendas
and supporting documentation, correspondences and attachments
to/from State agencies, and documents titled "Affidavit".
DD
Labeled `New Era Mine 1983". Includes Stream or Lake_ Alteration
Agreement, and documents titled "Affidavit".
EE.
Labeled "New Era. Mine 1984". Includes "Operating Information for
New Era Mine". Mining Operation Annual Report. form, and
documents titled "Affidavit".
FF
Labeled "New Era Mine 1985". Includes documents titled "Affidavit"
and Mining Operation Annual Report form
GG
Labeled "New Era Mine' 1986"._ Includes documents titled "'Affidavit",
"Operating Information for 1986", and Mining .Operation Annual
Report form
HH
Labeled "New Era Mine 1987". , Includes Mining Operation Annual
Report, "Operating Information for New Era Mine", and documents
titled "Affidavit".
H
Labeled "New Era Mine 1988". 'Includes an Amalgamation
Investigation report, correspondence to. the Mine Safety and Health
Administration from Charles Schultz, property evaluation, assay
report(s), Mining Operation Annual Report, Operating Information for
New Era Mine, Streambed Alteration Notification (CA Department of
Fish and Game) and attachments, and documents titled "Affidavit".
JJ
Labeled "New Era. Mine 1989". Includes Mining Operation Annual
Report form, 'Operating Information for New Era Mine", and
documents titled "Affidavit".
KK
Labeled "New Era Mine 1990". `Includes Mining Operation Annual
Report form, "Operating ' Information for New Era Mine", and
documents titled"Affidavit'.
LL
Labeled "New Era Mine 1991". Includes Mining Operation Annual
.,Report form, "Operating Information for New Era Mine", "Report on
the New Bra Mine" by Underground Surface Associates, Inc., Deed of
Mineral Interest, Mine Safety and Health Administration "Quarterly
Mine Employment and Coal Report form, Correspondence from Ron
Logan regarding the �"inactivity" status of the mine, and documents
titled "Affidavit".'
MM
Labeled "NewEra, Mine 1992". Correspondences and attachments
to/from OSHA, Central Valley Regional Water Quality Control Board,
geologists, Mining Operation Annual Report form, "Operating
Information for New Era Mine", and documents titled "Affidavit".
NN
Labeled "New Era Mine 1993". Two recorded document titled Placer
Mining Claim Location. Notice (New Era #I and New Era #11), Mining
Operation Annual Report form, "Operating Information for New Era
Mine", and documents titled "Affidavit".
00
Labeled "New Era Mine 1994". Two recorded documents titled Placer
Mining Claim Location Notice Correction (New Era Mine I and New
Era Mine II)„ document titled "New Era Mine Partnership
Agreement", Mining -Operation ' Annual Report form, "Operating
Information for New Era Mine", and documents,titled "Affidavit".
PP
Labeled "New Era Mine 1995". Two recorded documents titled Notice
of Location — Placer Claim, Mining Operation Annual Report, ,
document titled "Operating Information for, New Era Mine", and
.documents titled "Affidavit".
QQ
Labeled "New Era Mine 1996". Recorded document titled Notice of `.
Location, Mining Operation Annual Report form;. a document titled
"Operating Information for New Era Mine", and documents titled
"Affidavit".
RR
Labeled "New Era Mine 1997". Includes Mining Operation Annual
Report form, document titled "Operating Information for New Era
Mine", signed documents •attesting to. the "continual operation of the
New Era Mine, and documents titled "Affidavit"
SS Labeled "New Era Mine 1998". Includes recorded document titled
Placer Mining Claim Location Notice, signed documents attesting to
the continual, operation of the New Era Mine, Mining Operation .
Annual Report form, and documents titled 'Affidavit".
TT Labeled "New Era Mine' 1999". Includes Mining Operation Annual
Report form, document titled "Operating Information for New Era
Mine", signed documents attesting to the continual operation of the
New Era Mine, and documents titled "Affidavit".
W Labeled "New Era Mine 2000". Includes. Mining Operation Annual
Report form, document titled, "Operating Information for New Era
Mine", recorded documents titled Placer Mining Claim Location
Notice (New Era #I), and documents titled "Affidavit". .
VV Labeled "New Era Mine 2001". Includes recorded documents titled
Placer Mining Claim Location Notice (New Era Mine #I), Mining
Operation Annual Reportform; document titled "Operating
Information for New Era Mine", signed documents attesting to the
continual operation of the New Era Mine, 'and documents titled
"Affidavit".
WW Labeled "New Era Mine 2002". 'Includes Mining Operation Annual
Report form, document .titled "Operating Information for New Era
Mine", recorded document titled New Era Mine #I Claim Yearly
Filing, recorded document titled Placer Mining Claim Location Notice
(Correction), signed documents attesting to the continual, operation of
the New Era Mine, and documents titled "Affidavit".
XX Labeled "New Era Mine 2003 Includes recorded document titled
Placer Mining Claim Location Notice, Correction, Mining Operation
Annual Report form, document titled "Operating Information for New
Era Mine'' signed documents attesting to the continual operation of
the New Era Mine, documents titled "Affidavit", and Butte County
Tax Collector Payment Receipt.
YY Labeled " "New Era Mine 20047. Includes Streambed Alteration
Agreement Information document, CA Department of Fish and Game
business card, Mining Operation Annual Report form, document titled
"Operating Information for New Era Mine", recorded document titled
Placer Mining Claim Location Notice, signed documents attesting to
the continual operation of the New Era Mine, and documents titled
"Affidavit".
ZZ . Labeled "New Era Mine 2005". Includes Miring Operation Annual
Report form, document titled "Operating Information for New Era
Mine", signed documents attesting to .the continual operation of the
New Era Mine, and documents titled "Affidavit".\
AAA Labeled "New Era Mine 2006". Includes Mining Operation Annual
Report form, document titled "Operating Information for New Era
Mine", recorded documents titled Correction 'Placer Mining Claim
Location Notice (New Era #II), signed documents attesting to the
continual operation of the New. Era Mine, and documents titled
"Affidavit"
BBB Labeled "New Era Mine 2007". Includes MSHA fax transmittal sheet
and attachments, Mining Operation Annual Report form, County
Notice of Violation Letter (dated December20, 2007), emails to/from
County employees, County website pages, recorded documents titled
Placer. Mining Claim Location Notice (California), document titled
"Status Report",document titled "Operating Information for New Era
Mine", correspondence from State Water Resources Control Board
acknowledging "Receipt of Your Notice' of Intent", recorded
documents titled Lode Mining Claim Location. Notice (California);
document titled "Status Report" with attachments, notes and copy of a
business card, signed documents attesting to the continual operation of
the New Era Mine, and documents titled "Affidavit".
CCC Titled "Schedule of Documents Delivered to Butte County Planning
Commission for Inclusion into the Record of the Public Hearing
Regarding Logan/Ogle/Noland/North Continent Land & Timber on
March 13, 2008. Submitted to the Department of Development
Services on March 12, 2008.
DDD Page documenting. materials submitted on March 13, 2008 to the
Department of Development Services. (10 copies)
EEE Correspondence to Butte County Planning Commission, from Harriet
S. Hoover (3463 Dry Creek Road), dated March 13, 2008. (15 copies).
This document was submitted March 13, 2008.
FFF Correspondence from Richard Acosta, dated March 9,'2008, addressed
to "To whom it may concern:" submitted to the Department of
Development Services on March 13, 2008.
GGG Photos of the mine site and vicinity, dated March 12, 2008 (3 pages).
0
HHH Correspondence from Quinn, addressed to "Dear Planners". Submitted
to the Department -of Development Services on March 10, 2008.
FI_
III CD-ROM labeled New Era Aerial Photos, dated 2-18-08. Delivered on
March 13, 2008 at the Planning Commission hearing.
JJJ CD-ROM labeled New Era Mine Photos (no date). Five copies were
submitted on March 6, 2008.
KKK Correspondence addressed to the Planning Commission, dated March
5, 2008, signed by Lucy Cooke. The correspondence includes
attachments. Five copies submitted. Submitted to the Department of
Development Services on March 6, 2008.
LLL New Era Mine Annual Production Reports MRRC-2 for the years
1981-2007.
MMM Plan of Operations for New Era Mine 4095 Dry Creek Road Oroville,
CA 95965 For North Continent Land and Timber, Inc., Chico
California Prepared by KAS Gales Company, stamped October 30,
2007
NNN Storm Water Pollution Prevention Plan for New Era Mine 4095 Dry
Creek Road Oroville, CA . 95965, Submitted by North Continent Land
and Timber Inc. 4950 Cohasset Road, #10 Chico, California 95973 1-
530-566-0306 Frank Noland... Contractor's Water Pollution Manager
Frank Noland 1-813-629-0368 SWPPP Prepared. by North Continent
Land and Timber Inc. 4950 Cohasset Road, #10 Chico, California
95973 1-530-566-0306 Frank Noland SWPPP Preparation Date
September 4, 2007
000 New Era Mine Response letter and supporting documentation
regarding the alleged violations stated in "Notice of Violation —
Mining" letter dated December 20, 2007 January 16, 2008
PPP Letter from North Continent Land & Timber, Inc. to Ronald Logan re
California Regional Water Quality Control Board Order No. 92-200,
dated January 28, 2008
In determining whether a change or expansion
constitutes a substantial deviation, the lead agency
shall take,into consideration the following factors,:. -
(1) Asubstantial increase in the disturbance of a surface area
Win the maximum depth of reining;
(2) A substantial extension of the termination date of the
mining operation as, set out in the approved reclamation
plan;
.(3) Changes that would substantially affect the approved end
use of the site.as established in the reclamation plan
(4) The consistency of any-proposed'change to the operation
with the previously adopted environmental determinations.
O Any other changes that the lead agency deems
substantial deviations as defined in this subsection.
RESOLUTION 08-24
1. Sign an approved"Statement of Responsibility"form and return it to the
Department of Development Services within one week of the effective date of
the Order.
2. Submit Financial Assurance Mechanism for $2.67,411.36 within two weeks of
the effective date of this Order.
3. Select consultant(s) and licensed pr ofessionals.experienced in the preparation
of a mining permit and a reclamation plan within five weeks of the effective
date of this Order. Your consultant's statements of qualifications must be
forwarded and approved by Development Service prior to your selection of a
consultant.
4. Submitto Butte County Department of .Development Services a good -faith
.application to amend Mining and Reclamation Permit 81-135, with the required "
application fee, within 12 weeks of the effective date of this Order, and
promptly supply any additional information requested by Department of
Development Services staff:
5. The operator is ordered.to take all appropriate actions necessary to obtain
approval of a permit, a reclamation plan, and a financial•assurance mechanism
in accordance with. the attached compliance schedule
t
RESOLUTION 08-24, continued
6. Fully pay unreimbursed costs incurred by Butte County to date in
regards to this Order within one week of the effective date of this.
Order. Applicant shall continue to pay all costs associated with this
Order as necessary.
7. The operators shall be allowed to operate within'the functional limits of
Pit #1 and Pit #2 and auxiliary areas (retention ponds, equipment
areas, etc.) during the execution of the Revised Order To Comply while
taking all appropriate actions necessary to obtain approval of an
amended permit and reclamation plan. The functional limits of Pit #1
and Pit #2 shall be demonstrated on a plan prepared by the operator
and approved by the Director of Public.Works. The remainder of the
site shall be stabilized per the requirements of the Regional Water
Quality Control Board.
2
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I., The situation in regards to the New Era Mine has evolved over the last year. A
brief chronology, of stars interaction follows:
• Late winter, 2007, owner Ron Logan came to the Development Services
public counter to ask about his permit (UP 81-135) status and was
informed, based on a lack of records showing operation (e.g., annual
inspections, production reports), that UP 81-135 appeared to have lapsed.
Mr. Logan disagreed, and staff requested that he submit evidence that his
mine had been operating over the past 25 years.
• During May 2007 two Dry Creek Road residents came to Development
Services to ask about activity on the Logan property.
o In late May staff asked `Department of Fish and Game warden Josh
Brennan 'to visit the Logan property. Warden Brennan reported back on
June 5, 2007 that there was a small operation, well outside the creek, and
one of the better -run operations he had seen.
•. Over the summer of 2007 staff received a few calls and a visit, by a Dry
Creek Road resident again asking about activity on the Logan property.
On October 24, at stars request, Code Enforcement visited the site and
reported back that there was an.extensive mining operation.
• Staff first spoke by phone with Lee Ogle (President, North Continent Land
& Timber) on October 26, informing him that it appeared UP 81-135 had
lapsed.
• Staff met with Lee Ogle and Frank. Noland on October 30, 2007. The
operators presented various documents describing the current operation,
including a "Plan of Operations For New Era Mine" and a "Storm Water
Pollution Prevention Plan For New Era Mine". Staff noted that Butte
County had no record of operations at the New Era Mine subsequent to the
approval of UP 81-135 and requested any evidence of on-going operations
at the New Era between 1982 and the present.
i, On December 5, 2007 ' staff, accompanied by,a representative from the
Department of Public Works and Butte County's SMARA inspector,
conducted the first SMARA inspection of the New Era Mine and . found
approximately 12 acres of disturbed area with about 100,000 cubic yards
of material redistributed on the site. (Pages 314 - 323).
• Philip Woodward, Senior Engineering Geologist with the Central Valley
Regional Water Quality Control Board, also performed an inspection for
his agency during the December 5, 2007 .site visit and, at the conclusion,
noted a number of serious deficiencies in site engineering with regard to
1
stability and sediment control. (See Mr. Woodward's Inspection report,
Pages 230 — 237.)
• On December 6, 2007, the operators notified staff that they had retained
the geotechnical engineering firm of Hold'rege and Kull in order to address
site stability issues raised at the conclusion of the December 5 inspection.
• On December 17, 2007 the Regional Water Quality Control Board issued
Cleanup and Abatement Order No. R5-2007-0731 containing several
requirements and a timeline to address stabilization issues at the site
(Pages 222 - 229).
• On December 20 a Notice of Violation under Butte County Code 13-
116(b)(1) was sent by the County to Ron Logan and the operator (Page
183- 185)
• In response to the Notice of Violation, the operators met with staff on
January 16, 2008 and submitted a binder with a number of photographs of
various activities at the New Era Mine for the period 1977 through August
1990, asserting that mining at the New Era has occurred on an annual
basis since 1982, and further that the Butte County Planning Department
had agreed to file a lien on the Logan property as a financial assurance.
• Over ,the period of December 20, 2007 January 24, 2008, staff was
informed via phone calls with the operators and with Mr. Woodward of
the Regional Water Quality Control Board that site stability issues were
being addressed through a considerable amount of earth -moving, much of
it during the extreme weather experienced in the area from late December
through early January, and that the operators were complying with the
Cleanup and Abatement Order.
On January 24, 2008, the operators provided .a substantially revised cost
estimate for reclamation prepared by Holdrege and Kull, along with a
$3,000 certificate of deposit for reclamation (Pages 202 - 203). .
• On January 28, in response to concerns expressed by neighbors, staff met
with approximately 30 concerned residents to discuss the New Era Mine
situation- (summarized in the "Summary" on, Pages 311 - 313). Residents
concerns included potential impacts to local springs relied upon by many
Dry Creek Road residents, mine traffic impacts upon Dry Creek Road,
roadway safety, adverse impacts to Dry Creek and- the local environment,
blasting, and County oversight of the operation.
® On February 4, 2008 an Order To Comply was sent to the operators (Pages
186 - 193) and on February 11, 2008 a Revised Order. To Comply was sent
e in order to clarify the Order in regards to required activities under the
Water Board's Cleanup and Abatement Order.,
• Over February the operators performed extensive road work on Dry Creek
Road.
• As of April 8 the operators' financial assurance cost estimate of $267,411
to guarantee reclamation of the site had been approved by both the County
and the Office of Mine Reclamation.
3
TABLE OF CONTENTS
Executive Summary
3
Introduction
S
Background
S
Mining Operations
5
Groundwater Hydrologic Framework
6
Springs
7
Dry Creek Water Quality
13
Local Water Wells
15
Methodology for Evaluating Spring Hydrology
16
Results of Spring Sampling
16
Possible Effects of Mining on Springs
20
Conclusions and Recommendations
22
Appendix: Stable isotopes of oxygen and hydrogen in water.
24
Cover photographs: the upper photograph shows the New Era Mine operations in May 2008.
J
2
HydroFocus, Inc.
2727 Del Rio Place, Davis, CA 95618
530-756-2840
Executive Summary
HydroFocus, Inc. herein reports the evaluation of available information and
recently collected data in Dry Creek Canyon. We preliminarily addressed two
questions as follows.
• What are the possible effects of mining operations on spring flow on
neighboring properties?
• What are the possible effects of mining operations on Dry Creek water
quality?
Our analysis and data collected from the springs indicated that there is a single
source of water to Dry Creek Canyon springs, and the springs are part of the
groundwater system which includes the New Era mine property. Our evaluation
of spring hydraulics reveals that removal of relatively impervious New Era
formation sediments during mining operations and replacement with
unconsolidated reclaimed sediments may increase drainage from the overlying
Tuscan formation and decrease flow in associated springs. Our analysis and
available'data indicate that there may be a hydraulic effect of New Era mining
operations on Dry Canyon springs.
Available data indicate that there is currently no effect on Dry Creek water quality
although there have been effects in the past (increased turbidity) due to sediment
movement to Dry Creek. Our analysis and Regional Board experience indicate
low probability for development of acid mine drainage and consequent
mobilization of trace elements. However, in light of the history of water quality
effects due to mining operations, future monitoring of Dry Creek water quality is
warranted.
A comprehensive assessment of the spring -groundwater system in relation to
mine activities is recommended. The primary uncertainty for possible effects on
spring flow is the physical description of the flow system. Specifically, hydraulic
forces and parameters have not been measured. As excavation and reclamation
at the mine ensues, drainage from Tuscan due to removal of slowly permeable or
impervious materials may lower the hydraulic pressures and thus result in
reduced spring flow. This process requires additional assessment. This should
include hydrologic investigation that includes measurement of the current and
future groundwater levels in the Tuscan formation, monitoring of the spring flows
and quantitative assessment of factors affecting spring flows. We also
recommend future monitoring of Dry Creek water quality up- and down stream of
the mine. This monitoring should include analysis of a comprehensive set of
3
HydroFocus, Inc.
2727 Del Rio Place, Davis, CA 95618
530-756-2840
inorganic constituents including trace metals and other trace elements (including
arsenic) and field parameters such as pH and turbidity.
r.
4
HydroFocus, Inc.
2727 Del Rio Place, Davis, CA 95618
530-756-2840
Introdudtion
Available documents state that New Era Mine operators propose to extract gold
from the New Era geologic formation. These documents indicate the potential for
mining operations to affect hydrologic conditions', and Dry Creek Canyon
residents are therefore concerned about possible effects on natural springs and
wells that provide their drinking and domestic water supply. The primary goal of
this report is to assess potential hydrologic impacts owing to operations at the
New Era Mine. Specifically, we preliminarily address two questions as follows.
• What are the possible effects of mining operations on spring flow on
neighboring properties?
• What are the possible effects of mining operations on Dry Creek water
quality?
To answer these questions, we have reviewed the available information,
conducted a site visit, and collected water samples from selected Dry Creek
Canyon springs
Background
Mining Operations
We herein summarize information from available documents. Most documents
indicate cyclical operations in which excavated materials are processed and
returned to the original or another excavated pit. In a January 1982 handwritten
letter to Butte County, there is an initial proposed mining rate of 20 cubic yards
per day, and a proposed increase up to 80 cubic yards per day. This document
also describes the reclamation plan in which the mine operators proposed to
excavate a cut 100 to 200 feet wide by 300 to 400 feet long. Topsoil will be
removed, processed in the washing plant and placed in stockpiles. A second
area will be excavated and the material from the second excavation will be
placed in the first excavated area. This is proposed as a continuing process.
There are in of increased operations relative to those initially proposed.
Specifically, a recent county document reported as follows: "As stated in the
analysis and revealed in the UP 81-135 record (including affidavits and other
materials submitted by the operators), the operations and accompanying
environmental impacts at the New Era Mine during the period May 1982 and
June 2007 were minor in comparison to its current scope and scale:
approximately 12 acres of disturbed land with roughly 100, 000 cubic yards of
5
HydroFocus, Inc.
2727 Del Rio Place, Davis, CA 95618
530-756-2840
displaced soil and rock, a large, multi -faceted processing plantand five process
water ponds."' Mining and reclamation development plans2 show 5 pit locations
located sequentially north to south and 4 ponds immediately west of Dry Creek.
There is some uncertainty about future disposition of the materials at the site. A
letter from the California Division of Mines and Geology indicated some question
about the deposition of mined materials. In that letter there was an expressed
interest in selling gravels from the operations as a by product.3 For the
purposes of this report, we have assumed that there will be sequential removal of
material from the pit locations and there will be placement of unconsolidated
reclaimed sediments into the pits.
Groundwater Hydrologic Framework
County personnel have expressed concerns about possible mining effects on the
local groundwater system. Specifically, the Butte County 1981 environmental
documentation stated that the existing mine working and pits will fill with
groundwater and that "groundwater may need to be pumped from the pits to the
holding pond. This will result in a decrease in groundwater quantity and quality".
Similarly, Kenneth Cole of the California Division of Mines and Geology in his
letter to Butte County Senior Planner Stephen Streeter4 stated that "because of
the large amounts of groundwater apparent in the area to be mined, the services
of qualified hydrologist should be sought by the operator to .... address the
effects of open -pit mining on the local groundwater system...".
We herein attempt to summarize the relevant groundwater hydrologic and
geologic information. Creely5 described the geology of the Oroville quadrangle
which includes Dry Creek Canyon. The New Era mine operators propose to
extract gold from the New Era geologic formation which underlies.the Tuscan
formation in many areas of the canyon. The New Era formation is composed of
river -transported materials. The New Era formation is probably correlative with
the Tertiary river -transported and gold -bearing gravels present in other areas
throughout the Sierra Nevada described by Lindgren 6. These gold -bearing
sedimentary channel deposits' were part of the large paleo-drainage of the
1 Butte County Planning Commission Agenda Report — April 10, 2008.
2 Holdredge and Kuhl, March 11, 2008, Cut and cover mining and reclamation development plans for New
Era Mine prepared for North Continent and Timber, Inc.
3 Letter from Kenneth Cole of the California Division on Mines and Geology to Stephen Streeter, Senior
Planner at the Butte County Planning Department, March 23, 1982..
a ibid
5 Creely, Robert Scott, 1965, Geology of the Oroville Quadrangle, Bulletin 184, California Division of Mines
and Geology, San Francisco, CA
6 Lindgren, W., 1911, Tertiary gravels of Sierra Nevada of California, US Geological Survey Professional
Paper 73.
The Ione formation'is one such Tertiary deposit. In a more recent geologic map of the Dry Creek Canyon,
K. Cole and R. McJunkin mapped the contact of the Tuscan formation at about 700 feet with the Ione
formation (presumably denoted as the New Era formation by Creely). (see California Department of Water
Resources Bulletin 203-78, The August 1, 1975 Orville Earthquake Investigations published February 1979,
Sacramento, CA
6
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Sierra Nevada that was buried during the Tertiary Period by volcanic eruptions
and related mudflows. Quaternary -age rivers cut'sharp, V-shaped canyons'
through the.volcanic deposits, exposing cross sections of the Tertiary -age river
channels during uplift of the Sierra Nevada. Unexposed portions of the Tertiary -
age river channels are covered by volcanic rocks that cap the ridges that divide
the rivers of the western slope of the Sierra Nevada. In Dry Creek Canyon; Cole
and McJunkin8 mapped the contact of the Tuscan and the underlying Ione
formation (an extensive Tertiary gravel formation presumably the same as
Creely's New Era formation) at an altitude of about 700 feet above sea level.
Visible outcrops of the New Era formation in Dry Creek Canyon are well
compacted and cemented, and Wessley Paulsen9 described the New Era
sandstone, siltstone and conglomerate as compacted and partially cemented. In
contrast, the overlying Tuscan formation consists of friable and fractured
sandstone, silt, siltstone inter -layered with volcanic mudflows. The Tuscan
formation is a primary water bearing formation (aquifer) for the region and is
substantially more permeable than the underlying New Era formation.
Regionally, groundwater in the Tuscan formation generally flows toward the
southwest.'
In Dry Creek Canyon, the New Era formation is not wide spread and is invisible
in many places. Creely11 stated that the most important outcrops are in the Dry
Creek Canyon where it is about 90 feet thick near the New Era Mine. The New
Era formation is everywhere overlain by the Tuscan formation and is older than
the Tuscam Paulsen 12 located the contact of the"Tuscan and New Era formation
along the. wrest side of the canyon as indicated by the springs at an altitude of
about "800 to 900 feet above sea level".
Springs
Figure 1 shows the locations of mapped Dry Creek Canyon springs. Both
developed and undeveloped springs and seeps were mapped by local residents
using a handheld Global Positioning System unit.. Water from the undeveloped
springs and seeps is not used for drinking water and flows to Dry Creek.
Developed springs provide drinking water and domestic water supply for Dry
Creek Canyon residents. Springs flow at rates of 1 to 10 gallons per minute.
8 California Department of Water Resources Bulletin 203-78, The August 1, 1975 Orville
Earthquake Investigations published February 1979, Sacramento, CA
9 Paulsen, Wessley, 1982, Letter report to Ron Logan describing hydrologic effects and geological
conditions for mining permit and reclamation plan A.P. 41-08027 for the New Era Mine, Paulsen Research
and Development, Auburn, CA..
10 Hydrologic Consultants, Inc., 1996, Development of Groundwater Model, Butte Basin Area, CA, Davis,
CA.
11 Creely, Robert Scott, 1965, Geology of the Oroville Quadrangle, Bulletin 184, California
12 Paulsen, Wesley, 1982, Letter report to Ron Logan describing hydrologic effects and geological conditions
for mining permit and reclamation plan A.P. 41-08027 for the New Era Mine, Paulsen Research and
Development, Auburn, CA..
7
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Figure 1 shows that all the springs fall between the 700 to 900 foot elevation
contour lines from the mouth of the canyon to north of the New Era mine's
northern boundary. All of the springs south of the New Era Mine southern
boundary are located between the 700 and 800 foot altitude contours and most
are located on or close to the 700 foot altitude contour. This is consistent with the
location of the Tuscan/Ione contact mapped by DWR13 and indicates that the
impermeable New Era (or Ione) formation prevents water in the Tuscan from
moving downward and water therefore exits at or above the contact. Paulsen 14
located the Dry Creek Canyon springs at the contact of the New Era formation
and the Tuscan formation. We have not visited the springs on the New Mine
property. However, Paulsen 15 stated that "these [New Era mine property] springs
are no different than other.springs at the New Era -Tuscan contact. Based on
observations from Dry Creek road and Glover Ridge, this is the approximate
elevation of the current New Mine excavations. Paulsen further stated that the
proposed mining plans are to remove the New Era channel deposits and then
reclaim the open pits by sand, gravel and silt from the mine operations and "this
will allow water from the Tuscan -New Era contact springs to permeate more
directly downward."
13 California Department of Water Resources Bulletin 203-78, The August 1, 1975 Orville
Earthquake Investigations published February 1979, Sacramento, CA
14 Paulsen, Wessley, 1982, Letter report to Ron Logan describing hydrologic effects and geological
conditions for mining permit and reclamation plan A.P. 41-08027 for the New Era Mine, Paulsen Research
and Development, Auburn, CA..
15 ibid
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Figure 1. Dry Creek Canyon, spring locations. Water samples were collected
from the springs labeled Menefee, Meyers and Hughes.
9
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Spring hydrology is discussed in many basic groundwater hydrology texts. Oscar
Meinzer, former Chief of the US Geological Survey Office of Groundwater wrote
about springs in some detail in the classic text on hydrology published in 194916
From his extensive field and data collection. experience 17, he described the
nature of and factors affecting spring flow. He stated that gradual or sudden
changes in spring flow may be caused by natural or anthropogenic agents. He
stated that anthropogenic changes had greatly affected spring discharge
throughout the United States18; "many springs have been dried up or their flow
greatly reduced by the. construction or operation of wells, mines, tunnels,
drainage systems and other excavations". In a more recent example, Rantz19
used chemical and physical data to describe the probable drying up of a spring
owing to tunnel construction in the Santa Barbara area.
Bear20 described the hydraulics of spring flow. He' described. a spring as a point
or small area through which groundwater emerges from. an aquifer. Springs
occur in several different settings and generally result from either 1) a change in
land -surface elevation that intersects the groundwater table or 2) flows from an
aquifer at or near the boundary of permeable and slowly permeable or
impervious strata (Figure 2). Figure 2 shows the second case in which
groundwater discharges just above an impervious or slowly permeable layer.
The second case probably best represents the springs flowing on.the west side
of Dry Creek Canyon where the permeable Tuscan Formation overlies the slowly
permeable New Era Formation.
ab
Water T �. to
C
U P hn g
R
Impervious
Figure 2. Spring flow from an aquifer above an impervious boundary
(adapted from Bear21).
16 Meinzer, Oscar E., 1949,Ground Water, Chapter 10 in Meinzer, O., Ed, Hydrology, Dover Publications,
New York.
17 See for example, Meinzer, Oscar E., 1929, Large springs of the United States, US Geological Survey
Water Supply Paper 557.
78 Meinzer, Oscar E., 1949,Ground Water, Chapter 10 in Meinzer, O., Ed, Hydrology, Dover Publications,
New York.
19 Rantz, S.E., 1962, Flow of springs and small streams in the Tecolote Tunnel Area of Santa Barbara
County, 'California, U.S. Geological Survey Water -Supply Paper 1619-R. He used chemical and
temperature data collected for springs to determine that water flowing in the tunnel and the spring shared a
common source.20 .
Bear, Jacob, 1979, Hydraulics of Groundwater, McGraw-Hill:
21 ibid
10
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Figure 3 and equation 1 show the influences on spring flow under circumstances
similar to the spring shown in Figure 2. Figure 3 shows that there is a slope in
the groundwater surface towards the spring opening. The difference between
.the elevation of the groundwater surface and the spring opening relative to the
slowly permeable or impervious layer represents the physical driving force for
spring flow.
Water Table
ho •+ hL hi; .
Water Table
2.: Q ho;
Figure 3. Factors affecting spring. flow, from an aquifer above an
impervious boundary (adapted from Bea r2Z).
Expressed in the form of an equation23
Spring flow = W x K x (hl2 — ho )/(2 x L) (Equation 1)
where K is the hydraulic conductivity of the permeable strata, or aquifer, and is a
measure of its ability to transmit water. The terms W (width) and L (length) are
as shown in Figure 3. The hl and ho terms are the heights of the groundwater
surface above the impervious or slowly permeable layer at some distance L from
the spring and at the spring itself, respectively. In its essence, the equation
shows that flow is a direct function of the difference between the. height of the
groundwater surface above the impervious or slowly permeable layer at the
spring and some distance L away from the spring. Anthropogenic and natural
processes that affect the values of hl and ho will therefore affect spring flow.
Paulsen 24 stated that the springs on the west side of the canyon flow at the
contact of the relatively impermeable New Era formation and more permeable
and transmissive overlying Tuscan formation. He also opined that flow in the Dry.
Creek Canyon springs was the result of local recharge (presumably precipitation)
at the edge of the Tuscan formatio.n.. Paulsen 25 further stated that mining -
operations would not affect spring flow, but the actual source of the water for the
22 Bear, Jacob, 1979, Hydraulics of Groundwater, McGraw-Hill
is ibid
24 Paulsen, Wessley, 1982, Letter report to Ron Logan describing hydrologic effects and geological
conditions for mining permit and reclamation plan A.P. 41-08027 for the New Era Mine, Paulsen Research
and Development, Auburn, CA.
2s ibid
11... .
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Dry Creek Canyon Springs and factors affecting their flows has never been
determined. We used isotope data to preliminarily determine the source of water
to Dry Canyon springs and determine the hydrologic connectivity of springs in the
canyon.
In other studies, the sources of water emanating from springs have been
characterized using chemical data 26. Stable (non -radioactive) isotopes of water
(oxygen and hydrogen isotopes) and other isotopes have proven useful
indicators of spring source waters. Since the first half of the twentieth century,
stable isotopes of water have been used extensively in hydrology to determine
water sources and processes affecting surface and ground waters27. Because
we collected samples from springs and have used the stable isotope composition
to infer sources of spring waters, a brief discussion of stable isotopes in
hydrology is provided. ,
Naturally occurring isotopes of hydrogen and oxygen in water samples can be
used to assess the source of water in a variety of environments. The hydrogen
and oxygen atoms in water molecules exist naturally in different forms isotopes).
Water containing these isotopes includes the molecules DH160 and H2 80 which
have larger atomic masses than the most abundant H2160 (D stands for
deuterium which is hydrogen with an atomic mass of 2 instead of 1): The amount
of deuterium and 180 in a water sample is expressed as a ratio relative to the
amount in a standard (Standard Mean Ocean Water).
Temperature, altitude, and distance from the ocean affect the isotopic
composition of precipitation. As storm clouds move inland from the ocean
towards the Sierra Nevada, water containing heavier isotopes (deuterium and
180) condenses preferentially leaving less of the heavy isotopes in the clouds as
they travel across the state. Precipitation that occurs near the ocean and at
lower elevations has a higher amount of heavier isotopes than precipitation that
occurs farther inland and at higher elevations. In California, several authors have
documented the isotopic shift in precipitation owing to cloud movement inland
from the coast.28 The appendix provides more detail about isotope analytical
procedures and data.
26 See for example, Garrels, R.M and McKenzie, F.T., 1967; Origin of the chemical compostions of some
springs and lakes in Equilibrium Concepts in Natural Water System, Am. Chem. Soc. Adv. Chem. Ser. 67,
Hem, John. D., 1985, Study and interpretation of Natural Waters, US Geological Survey Water -Supply
Paper 2254, 1985; Drever, J.L., 1982, The Geochemistry of Natural Waters, Pretice-Hall, Mariner, R.H.,
Evans, W.C. and Huebner, M., 1998, Preliminary Chemical and Isotopic Data for Waters from Springs and
Wells on and near Medicine Lake Volcano, Cascade Range, Northern California, U.S. Geological Survey
Open -File Report 98-2.
27 Extensive research documented in peer-reviewed scientific literature demonstrated the effects of altitude
temperature and distance inland on isotopic composition. For example, Gat, J.R. and Gofiantini, R. (1981)
edited "Stable Isotope Hydrology, Deuterium and Oxygen -18 in the Water Cycle" which documents the
results of decades of research on observed variations of these isotopes in the environment.
28 The following publications demonstrated the changing isotopic composition of precipitation as it travels
inland in California.
12
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Groundwater chemical (including isotopic) evaluation by the State of California
Groundwater Ambient Monitoring Assessment (GAMA) project in the northern
Sacramento Valley provides insight about the sources of water in the Tuscan
formation inlButte County29. Moran and others30 analyzed groundwater samples
for stable isotopes of oxygen and hydrogen as well as other chemical
.constituents' that provided information about the source and age of the
groundwater. For the Chico/Oroville/Paradise area, these authors concluded that
natural recharge occurs along streams and outcrops of the Tuscan formation to
the east of the Sacramento Valley31. In the valley, groundwater is also influenced
by infiltrating irrigation water. 'Et
Dry Creek Water Quality
There are two potential water quality effects on Dry Creek as the result of
operations at the New Era mine. First, there is the potential for sediment and
pond -water movement to the creek. This has already occurred and the mine
operators have remediated the situation and addressed the concerns stated in
the Regional Water Quality Control Board's 2007 clean up and abatement order.
The secondjconcern arises from potential subsurface movement of constituents
of concern from the settling ponds to Dry Creek. The primary constituents of
concern arei trace elements which fall into four categories: (1) the alkali and
alkaline -earth metals (e.g. barium); (2) the transition metals (e.g. chromium and
vanadium); (3) the metalloids (e.g. arsenic and antimony), the non-metals (e.g.
selenium) and (4) what are traditionally labelled as the heavy metals (e.g.
cadmium, copper, lead, mercury, nickel, silver, thallium and zinc)32. The results
of single sampling of creek waters upstream and downstream of the mine
indicated no significant changes in Dry Creek concentrations33 and there was no
Davis, G.H. and. Coplen, T.B., 1987, Stable isotopic composition of groundwater of central California as an
indicator of mid Pleistocene tectonic evolution in Isotope Techniques in Water Resources Development,
International Atomic Energy Agency
Williams, Alan E. and Rodini, D.P., 1997, Regional isotope effects and applications to hydrologic
investigations iri southwestern California, Water Resources Research, 33, 1921 — 1729.
Ingraham, Neil L. and Taylor, Bruce E., 1986, Hydrogen isotope of large-scale meteoric water transport in
northern California and Nevada, Journal of Hydrology, 85, 183-197.
29 Moran, Jean E., Hudson, G. Bryant, Eaton, Gail F., and Leif, Roald, 2005, California GAMA Program:
Groundwater Ambient Monitoring and Assessment Results for the Sacramento Valley and Volcanic
Provinces of Northern California, Lawrence Livermore National Laboratory, L=231, P.O. Box 808, Livermore,
CA 94550. �!
3o ibid j
31 Cite Geologic Map of the Chico quandrange — shows edge of Tuscan formation along Butte Creek,
Paradise ares.
32 See Deverel,�S. J. and Fujii, Roger, Chemistry of Trace Elements in Soils and Groundwater in K.K. Tanji
(ed.) Agricultural Salinity Assessment and Management, American Society of Civil Engineers, New York,
NY.
33 Letter to Phil Woodward.of the California Regional Waster Quality Control Board in Redding from Frank
Nolan, Vice President of North Continent Land and Timber, Inc., March 10, 2008. The methods for sample
'collected were not documented in the letter.
13
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1 .
indication of detrimental effects on Dry Creek water quality34. Analysis of a water
sample from.a mine holding pond for selected trace elements revealed
concentrations of nickel,' copper and zinc below drinking water and aquatic life
standards35. Other trace elements (antimony, cadmium, lead, mercury,
selenium, silver, thalium) were not detected. Arsenic was not reported.
A water quality concern for mining operations is the exposure and weathering of
sediments and rocks that contain sulfide minerals. Lundgren 36 stated that detrital
pyrite (iron sulfide) is not uncommon in the Tertiary gravels such as those of the
New Era and lone formations. Exposure of sulfide minerals to oxidizing
conditions can generate sulfuric acid due to oxidation of the sulfide to sulfate.
Acid conditions increase the solubility and mobility of iron and trace elements37,38
There is no available information for the sulfide content or acid generating
potential of.the materials that have been or will be mined. However, California
Regional Water Quality Board experience with the Tertiary rocks and sediments
such as those of the New Era and Ione formations in this area has not revealed
the development of acid conditions39. There is currently no evidence of
mobilization of trace elements. -The sediments from holding pond bottoms had
concentrations of cadmium, copper, lead, nickel and zinc of 0.7, 33, 2.2, 165 and
35.2 mg/kg, respectively 40: There were no other detections. (However, arsenic
was not determined.) These levels are well within the range of concentrations in
soils unaffected by anthropogenic activities 41. There is no evidence of acid
generation in the old New Era Mine workings on the east side of the canyon (see
location on Figure 1)42. An assay indicates the presence of sulfides, arsenic and
mercury n the mined material but the methods and quantities of these elements
were not statedas
34 In the upstream sample, barium, iron and.vanadium were detected at 13, 520 and 36 micrograms per liter.
In the downstream sample, these constituents were detected at 13, 580 and 4.2 micrograms per liter. All
concentrations were below drinking water and aquatic life standards. See EPA, 1986, Quality Criteria for
Water for relevant aquatic life standards for nickel, zinc, barium and vanadium.
35 See htto://wwW.er)a.gov/waterscience/criteria/copper/2007/index.htm and EPA, 1986, Quality Criteria for
Water .
36 Lindgren, W., 1911, Tertiary gravels of Sierra Nevada of California, US Geological Survey Professional
Paper 73
37 See for example, Nordstron, D.K., 1982, Aqueous pyrite oxidation and the consequent formation of
secondary iron minerals, in Kittrick, J.A. Armining, D. S., and Rossner, LR., (eds.), Acid sulfide weathering:
Soil Science Society of America, Madison, Wl.
38 See also Thorton, Iain, 1983, Applied Environmental Geochemistry, Academic Press.
39 Mr. Phillip Woodward, personal communication, 5/29/08. Mr. Woodward described extensive experience
with. acid mine drainage in the region and stated that the New Era formation rock and sediments do not
appear to have sufficient sulfide for generation of acid conditions:
a Letter to Phil Woodward, Regional Water Quality Control Board from Ricky Jensen, Laboratory Director,
Basic Laboratory, Ridding, CA, May 12, 2008.
41 See Deverel, S. J. and Fujii, Roger, Chemistry of Trace Elements in Soils and Groundwater in K.K. Tanji
(ed.) Agricultural Salinity Assessment and Management, American Society of Civil Engineers, New York,
NY.
42 Typical evidence of acid mine drainage include reddish streaking in mined and exposed rocks and
sediments which is indicative of secondary oxidation of ferrous iron and precipitation of iron oxides.
43 Wilkenson Assays of Fontana, CA provided an assay of material for the New Era Mine in 1988. The
assay results stated the presence of arsenic, mercury and sulfides.:
14
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l • t
s' -
It is possible that the concentrations of constituents of concerns such as
cadmium, copper, lead, nickel and zinc may increase with the addition of
additional mined material and this may cause settling pond concentrations of
these metals to increase in the pond sediments., However, the current evidence
is that generation of acid from oxidation of mined materials containing detrital
pyrite and other sulfides added to the ponds will probably not mobilize these
constituents' into the water at levels that exceed relevant water quality standards.
However, because of past water influences on Dry Creek water quality and the
potential hydrologic disturbance due to current and future activities a more
comprehensive environmental evaluation and regular monitoring and analysis of
Dry Creek is warranted to assess possible water quality effects of sediment or
pond water movement to Dry Creek.
Local Water Wells
r s -
In the process of investigating the hydrology of the area, we obtained six well
completion reports from the Department of Water Resources and local residents.
The wells generally describe geologic materials that are adjacent to the
boreholes. The well completion reports indicate the presence of shale with some
sandstone and clay. Well depths vary from 100 to 400 feet below land surface.
Stated yields are generally 1 to 4 gallons per minute for wells although two ,
reports indicate higher yields of 20 gallons per minute. We were unable to
obtain well completion reports for all known wells.` Specifically, we were unable
to obtain the well completion report for the Thomas well near the southern
boundary of the mine on the west side of the canyon. The remaining wells are
further south or on the east side of the creek. w
Based on the available information, we are uncertain about the extent of the
hydraulic connection with groundwater flowing in the Tuscan formation that is
currently emanating from springs up and down gradient of the mine and is
present at the mine workings. Given the proximity to Dry Creek, there could be
recharge .from Dry Creek to the groundwater system that provides water to the ,
wells. Therefore, processes that affect flow in Dry Creek may affect water supply
in local wells. Also, the hydraulic changes in Tuscan formation may affect water
levels in the wells. Future environmental assessment should evaluate the extent
of the hydraulic connection of wells with Dry Creek and possible hydrologic
effects of mining operations on water levels in wells.
ti
15
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t J1
Methodology for Evaluating Spring Hydrology
To assess the source of the water in the Dry Creek Canyon springs and the
validity of Paulsen's assertion that the springs will not be affected by mining
operations, we collected isotope samples from selected springs and of
precipitation. Spring samples were collected from the outlet pipes after allowing
water to run out for at least 15 minutes. Plastic 250 milliliter bottles were filled
after rinsing three times. Precipitation samples were collected in a separatory
funnel with about 10 mil of olive oil. A large open-mouth funnel collected the
rainfall and transported it into the separatory funnel. The oil prevented
evaporation of the samples. Please see the appendix for more information about
isotope analyses and reporting of isotope information.
Results of Spring Sampling
The results of the spring sampling indicate that: 1) the water emanating from
springs in Dry Creek Canyon that are north and south of the New Era Mine are
from the same source, 2) the source of this water is different from local
precipitation that falls on Dry Creek Canyon and, 3) the source of the spring
water is similar to the documented source of water in the Tuscan formation.
Figure 5.9 ' nd Table 1 show the stable isotope results for samples collected from 3
springs; 2sample sites are located down slope from the New Era mine (Meyers
and Menefee), and one site is located upslope of the mine (Hughes). Figure 1
shows the spring sample locations and Figure 4 is a photograph showing flow
from the Meyers spring.
Water isotope data is typically plotted as shown in Figure 5; the deuterium level
expressed as delta deuterium is plotted against delta oxygen -18 which is an
expression of the level of oxygen -18 enrichment. There is a distinct difference
between the isotopic composition of spring and rainfall samples (Figure 5). Table
1 indicates that the isotope (Deuterium) composition for the three springs is
similar and the average oxygen -18 value for Menefee and Myers springs is -8.85.
For comparison, we calculated the average oxygen -18 value for well samples
collected in the Tuscan formation in the Chico/Oroville/Paradise area by Moran
and others 44 that had recharge ages over 50 years (thus indicating primarily
natural recharge) as -9.5 per mil.
The similarity of the average spring water and groundwater isotope compositions
indicates a similar recharge source which is probably located to the north or
44 Moran, Jean E., Hudson, G. Bryant, Eaton, Gail F., and Leif, Roald, 2005, California GAMA Program:
Groundwater Ambient Monitoring and Assessment Results for the Sacramento Valley and Volcanic
Provinces of Northern California, Lawrence Livermore National Laboratory, L-231, P.O. Box 808, Livermore,
CA 94550
16
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northeast of, Dry Creek Canyon. As described above, the Tuscan formation
slopes to the southwest as does the groundwater flowing there. The dissimilarity
of the isotopic composition of the spring and the precipitation samples, and the
similarity of spring samples located upslope and down slope of the mine as well
as the Tuscan formation sample results reported in Moran and others46 indicate a
single hydrologic spring system which is consistent with regional groundwater
isotopic composition of the Tuscan formation. The more negative values for the
spring and Tuscan groundwater isotopic values relative to local precipitation
demonstrate that the spring water originated as precipitation occurring at higher
elevations to the east or northeast of Dry Creek Canyon.
45 G.J. Saucedo and Wagner, D.L., Geologic Map of the Chico Quadrangle, 1:250.000, Regional
Geologic Map;Series, Division of Mines and Geology Map No. 7A. This map shows the edge of
the Tuscan formation south of Paradise, CA.
4s ibid
17
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1:A4
N'
t,4
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it
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,F tf
i •.!Y
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1'
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. R- • ...... ''}.� .M�i��- R.�rIi;�4 '\
3. P }r'15ay
Rainfall samples 3
{+uo
,,Spring samples4
Figure 5. Plot of isotope data for two spring samples: and two. precipitation
samples collected in the Dry Creek Canyon in March 2008. See.Appendix
for explanation of axes labels and isotope data.
,
Table 1. Results of isotope determination in precipitation.and spring
samples:
Sample Identification
Collection
Date
b O %o
bD %o
Meyers Spring 1
3/21/08
-8:6
-61
Meyers. Spring 2.
3/21/08
-8.6
-61
Menefee Spring 1.
3/21/08
.-9.1
.-62
Menefee Spring 2
3/21/08.
-9.1 .
-62-
Prebipitation
3/19/08.
-4.9
-29
Precipitation
3/29/08
=3.0
-17
Precipitation
4/23/08
Not
determined
-53-
...
Hughes Spring
4/25/08
Not
determined
-61
19
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Possible Effects of Mining on Springs
Given the probable singular nature of the spring hydrologic system upslope and
down slope of the mine, it is reasonable to ask the question: "How could mine
operations affect spring flows on the west side of Dry Creek Canyon?" Any
action that alters the driving force for spring flow, that is the difference in
groundwater surface elevations at some distance from the springs and the
springs themselves, could affect spring flow (see Figure 3 and equation 1).
Excavation of the New Era formation or additional drainage, dewatering or
groundwater pumping at the mine site can cause pressure decreases in the
Tuscan formation. Figure 6 shows the current and possible future scenario.
Excavation at the New Era mine site can remove the slowly permeable deposits
of the New Era formation and replace them with more permeable reclaimed
unconsolidated sediments thus allowing water to drain from the overlying Tuscan
formation (Figure 6). This drainage may result in a decrease in the groundwater
level in the Tuscan formation and reduce flow in nearby springs. Pumping from
dewatering wells that may be employed to facilitate tunneling or drainage of pits
or excavations can cause a similar effect (Figure 6).
20
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Figure 6. Diagrammatic representation of groundwater flow to Dry
Creek Canyon springs under (A) current conditions, and (B) possible
mining effects). Arrows represent water flow. The excavation in (B)
is a diagrammatic representation of the removal of mined sediments
which mining plans state will be replaced by more permeable,
reclaimed sediments. This will allow increased drainage from the
Tuscan formation and may lower the local groundwater table thereby
affecting nearby spring flow. If there is pumping for dewatering as
diagrammatically indicated by the well, this may also affect the water
in the Tuscan formation.
21:
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Conclusions and Recommendations
i
We have preliminarily assessed the nature and source of spring flows in Dry
Creek Canyon. Isotope dataiindicates that there is a single source of water to
Dry Creek Canyon springs, and the springs are part of the groundwater system
which includes the New Era mine property. Springs form where the local
groundwater discharges at exposed contacts between the Tuscan and New Era
formations. Preliminary evaluation of spring hydraulics reveals that removal of
relatively impervious New Era formation sediments, and replacement with
unconsolidated reclaimed sediments may increase drainage from the Tuscan
and decrease flow in associated springs. Our analysis and available data
indicate that there may be a hydraulic effect of New Era mining operations on Dry
Canyon springs. Without additional data (i.e. groundwater elevations, hydraulic
conductivity, and spring flow), the magnitude of the effects remain uncertain.
The limited time and scope for this report has not allowed for comprehensive
evaluation of the wells in the area. The source of water for these wells and their
potential connection to the groundwater system that feeds the springs discussed
here should be explored.
Available data indicate that there is currently no effect on Dry Creek water quality
although there have been effects in the past (increased turbidity) due to sediment
movement to Dry Creek. Our analysis and Regional Board experience indicate
low probability for development of acid mine drainage and consequent
mobilization of trace elements. However, in light of the history of water quality
effects due to mining operations, future monitoring of Dry Creek water quality is
warranted.
A comprehensive assessment of the spring -groundwater system in relation to
mine activities is indicated. General recommendations for further environmental
analysis, monitoring and remediation follow.
1. The primary uncertainty for possible effects on spring flow is the physical
description of the flow system. Specifically, hydraulic forces and
parameters shown in Figure 3 and in equation 1 have not been measured.
As excavation and reclamation at the mine ensues, drainage from Tuscan
due to removal of slowly permeable or impervious materials may lower the
hydraulic pressures and thus result in reduced spring flow. This process
requires additional assessment. This should include hydrologic
investigation that includes measurement of the current and future
groundwater levels in the Tuscan formation, monitoring of the spring flows
and quantitative assessment of factors affecting springs flows. These will
a. Provide a baseline condition for comparison with future conditions
when mining activities increase and;
}
22
i HydroFocus, Inc.
2727 Del Rio Place, Davis, CA 95618
530-756-2840
-
1
1.
b. Provide data for calculations of the possible future effects on spring
flow.
2. Replacement of excavated materials with materials of equally low
permeability such as cement could limit drainage from the Tuscan and
may help prevent effects on spring flow. This should be evaluated as a
possible mitigation measure based on hydrologic investigation described
above.
3. The limited nature of our sampling and analytical efforts indicates
connectivity and single source for all the springs in the area. Even though
the isotope data indicate the probable same source and emanation at the
Tuscan/New Era contact, additional chemical and isotope data will provide
further information about the springs.
4. The possible effect of current mining operations on area wells is uncertain
and merits future investigation as part of a,comprehensive hydrologic
assessment.
We recommend future monitoring of Dry Creek water quality up- and down
stream of the mine. This monitoring should include analysis of a comprehensive
set of inorganic constituents including trace metals and other trace elements
(including arsenic) and field parameters such as pH and turbidity.
23
HydroFocus, Inc.
2727 Del Rio Place, Davis, CA 95618
530-756-2840
Appendix: Stable isotopes of oxygen and hydrogen in
water.
The -hydrogen, and oxygen atoms that combine to form water molecules exist
naturally in different forms (isotopes). Stable isotopes of hydrogen and oxygen,
deuterium and oxygen -18, are not radioactive and do not change composition
over time. Water containing these isotopes includes HDO and H2180 which have
larger atomic masses than the more common H2160. Deuterium and oxygen -18
in water are determined using mass spectrometry. The amount of deuterium and
0-18 in a.water sample can be useful in determining the source and history of
the water and is expressed as a ratio relative to the amount in a standard
(Standard Mean Ocean Water). Therefore, the analysis47 of stable isotopes in a
water sample will result in negative values if the sample has less deuterium or 0-
18 than the standard: This is typically the case in California waters.
Isotope data is reported using delta notation (8) and is displayed graphically with
0-18 (80-18). on the x (horizontal) axis and deuterium (8D) on the y (vertical
axis). Data points for precipitation falling at varying distances from the ocean
typically plot on the meteoric water line . Data points closer to the origin
represent precipitation that falls further inland with lighter stable isotope
compositions than data points farther from the origin (Figure A.1).
=50
-60
JO
n�
_60'
'50=18
:Lighter.
Figure A.1. Graph showing a.typical isotope.plot and the (diagonal) meteoric
water. The slanted line on the figure is the representation of the meteoric water
line.
47 For this study, oxygen -18 and deuterium were analyzed in unfiltered samples by the University of Arizona
Department of Geosciences Isotope Laboratory using mass spectrometry methods described by Epstein, S.
and Mayeda; T.; 1953, Variation of the 0-18 content of waters from natural sources, Geochim. Cosmochim.
Acta, 4, 213-224 and Kendall, C. and Coplen, T.B., 1985, Multisample conversion of water to hydrogen and
zinc for stable isotope determination, Anal. Chem., 57, 1437-1440.
48 Craig, H,, 1961, Isotope variation in meteoric waters. Science133, 1702. In this classic publication, Craig
showed that deuterium and oxygen -18 data for precipitation samples from around the globe plot close to a
single line on a graph in which deuterium values are plotted against oxygen -18 values. Figure A.1 shows an
example of such a plot.
24
HydroFocus, Inc.
2727 Del Rio Place, Davis, CA 95618
530-756-2840
The University of Arizona, Department of Geosciences Laboratory of Isotope
Geochemistry determined the isotopic composition of the samples for this
evaluation. Isotope data is reported using delta notation (6). The S notation
refers to the calculated isotopic composition relative to a standard on a per 1000
basis. j,
S = 1000 X (Rsampie — Rreference)/Rreference
where R = the ratio of the amounts of the heavy and light isotope (e.g. 180/160).
25
HydroFocus, Inc.
2727 Del Rio Place, Davis, CA 95618
530-756-2840
� _, ,•`;• ♦ ♦ - 'fir � - r • , • �, • Ji r - , • - .' aI • • - ' ,'
y - Special Condition 21 Phase I Limit `.
`Permit 81-135'Special Condition 21: "Mining operation to be limited to a maximum of '
20 cubic yards per day with subsequent review by the Planning Commission for proposed '
expansion to Phase H."
' • In Resolution 08-24 Finding D (Attachment A, page 14, of your Agenda Report)
found that the permit and its record indicate .that the New Era Mine was to be
- conducted 'according to three phases; and 'Condition 21 required Planning 1
' t Commission approval to proceed from Phase I to' Phase II.
• The Planning Commission also found (Finding G) that this Phase I limit of 20
cubic yards per day referred to:atotal volume, not aconcentrated volume of some ,
unspecified larger volume of material . reduced to 20 cubic' yards (Attachment `A,
page 14 of your Agenda Report): •"
• : Staff believes that the record shows that the requirement in 1982 for an EIR was
. waived in favor of an Initial Study/Mitigated Negative Declaration in part because
of Condition 21. '
• The Notice of Determination filed on May 26, 1982 does not reference Condition �,3
21 as one of the mitigation measures "adopted by the Lead Agency,to reduce the s
impacts of the approved project." (Item 5 at the bottom ,of Attachment Il page
173. in.)' Conditions 14 and 6-15 are cited as the mitigation measures to reduce
impacts:
• Staff believes it is.reasonable, however, to consider the whole of the record: ;
As the record show_ s; Mr. Logan was notified of the requirement for an EIR in
December of 1981. Mr: Logan appealed that requirement; and after a couple of n• '
hearings the Planning Commission voted 3 to 1 on March 10, 1982 to uphold his?
appeal and let • the project go forward with an • initial _study mitigated negative%%
' declaration. Condition 21 is not one of the conditions. '
• The next time the Commission' considers Permit 81-135 is at the April. 8, 1982
Planning Commission hearing. 'This is the first time staff recommends approval
of the permit and herewe do see the Condition 21 Phase I limitation.
What happened between March 10 and April• 8?
•' There was.a meeting March 12, 1982 — two days after the Planning Commission
decided not to require an EIR - on the Logan property, 'attended' by Tony Landis
from the Water .Quality Control Board, Ken Cole from the Department of
Conservation, Gayland Taylor, from the DFG, Mr. Logan and Steve Streeter from
Butte County. According to the April 8, 1982 Staff Findings, at this meeting Mr. `
Logan apparently "tentatively agreed to a three-phase plan to expand the mining'
operation." (Attachment AA, page l38)
• ; The April 8;1982 staff findings state: x
tThe phasing- would allow for a more 'careful review of the mining `
.
operation. by State agency representatives and County personnel. :.,If
through. periodic monitoring a reasonable `track record' is established,,
then expansion'from the 20.cubic yards per day,to 40 cubic yards per day
lift
could be considered by the Planning Commission." (Attachment AA' p. '
:• .� �'. _• '. ; , 1'38) . ` .,. �. _ • ,
- r "Basicquestions to be answeied for future expansion are the settling pond
- locations, the amount of wastewater to be generated, how the wastewater
'. .. would be handled, how". and where the tailings would be stockpiled for '
reclamation, and methods to assure that the water quality of the creek; near
the site - and downstream; is maintained at an acceptable level." ,
- 'ry(Attachment AA, page 13 8) /
Other references to phasing and;environmental impacts:
• 'An Inspection Report from AJ Landis to' Mr. Logan states in Item 4, "Mr.-,
Logan proposes to 'open pit mine the entire property in a three phase operation.
` of 20, 40 and ' 80 cubic yards per day.". • (Attachment EE page 147) . '
"I'• said we did ,not object to the proposal, provided all muddy water is ,
contained on-site. This will however, be very difficult to achieve because of
the closeness of Dry Creek, the extensive hillside spring activity and the steep -
topography." -
"Mr. Logan agreed that he would only process up to" 20 cubic. yards/day -
(Phase I operation) for the next few years, until he.�can solve the mine's
muddy water containment problems." -
The ' April 8 meeting' was continued in order to . investigate the • need for a - • ` '
hydrology reportand to address the type and. amount of a financial assurance.
'o Looking at the history of this permit, the record tells us that in the first
Planning Commission healing for the oniffina-mining permit application
- : A on August 28, 1981, the minutes show that' staff recommended adoption of '
f ' a mitigated neg dec with 20 conditions and the Phase 120 cubic yards per
day limit was not one of them.
4
o The,Plammng Commission denial of the application was appealed by Mr;
Logain and on October 27, 1981, the BOS denied the appeal without .
" prejudice and waived fees for a new application.. '
o . On November 21, 1981 Planner` Steve.Streeter sent a lefter with 21. =
- questions to Mr. Logan (Attachment J, pages 36-38). He wrote, "We will
also' be reviewing the environmental determination as to whether a
` Mitigated Negative Declaration regarding environmental impacts or a
Focused EIR is appropriate." The questions. sought information on a
y z number potential environmental impacts `and also posed the question of a
s
"reasonable reduction in thepioposed size of the operation."
o; -At.the end of the Appendix F checklist, Steve Streeter found on December _
t 28, 1981 that the proposed project might have a significant effect and
" states that an.EIR is required. (Attachment L, page 57).
o December 29 letter from Bettye Blair to Mr. Logan.notifying him that a
focused impact report would be required to address "potentially significant
impacts identified on checklists, including noise associated with the
mining and effects on water quality and quantity." Ms. Blair wrote,
"project alternatives should be fully explored in the EIR. Also the EIR
should discuss feasible design features that would reduce environmental
impacts." (Attachment N, page 60-61).
o Mr. Logan appealed that requirement in a January 5, 1982 letter
(Attachment Q, page 77)
Phase I Limitation of 20 Cubic Yards Per Day
• Does the 20 cubic yards per day limit represent a rate of extraction or a limit on
the amount of material to be trucked off-site?
• In its April 10 agenda report, staff acknowledged it is unclear whether terms such
as "output," "processed" and "product" represent a processed end product or a
total volume.
• Any rate of extraction expressed as a volume has some relationship to an area of
disturbance depending upon the depth of extraction.
• Condition 21 provided the Planning Commission a chance to review, the operation
prior to expansion. Staff believes the 20 cubic yards per day is a total volume
because if it is a concentrate of- some greater amount the only ' limit to the
disturbance area for the operation would be the 250,000 cubic yards or tons per
year indicated on the reclamation plan.
•" • Again, while the NOD does not ,list Condition 21 as one of the conditions to
mitigate impacts, staff believes it reasonable to look at the whole of the record.
• The Planning Commission found that the Phase I limit of 20 cubic yards per day
represented a total volume of material that could be excavated per day.
Other references to 20 cubic Wiper day as a small and/or total volume:
"Ron Logan, pointing to a map ,indicating that hydrology of the area is such that
downstream springs would not be affected by the project, and that he felt that the
proposed $10,000 bond requested was entirely unreasonable for the little hole that
his proposed 20 cu. yds. ' per day operation would make (Attachment BB, page
142 or Attachment A, page 19 of the BOS report)
"Ron Logan took exception to the. amount of the performance bond, stating that
they had no place to store the overburden and had to put it back as they went.
along, and that contractors had estimated that the entire 20 cu. yds. per.day could
be replaced for $500 to $1,000. He asked whether a lien could be placed on his
property rather than putting up the money for a bond." "(Attachment HH, page
"During operation of the gold mine the applicant hopes to process up to 80 yards
of rock per day (about l 00tons/day). Material removed from the mine will be put
through the `grizzly', washed and separated into at least 6 different sized piles and
• stored in mounds beside the first pit (shown as 6 months on plan)." (Attachment
K, page 50)
Substantial Deviation
"For purposes of the Surface Mining and Reclamation Act of 1975 and regulations
adopted pursuant thereto, a substantial deviation shall be defined as a change or
expansion to a surface mining operation that substantially affects the completion of the
previously approved reclamation plan, or that changes the end use of the approved plan to
the extent that the scope of the reclamation required for the surface mining operation is
substantially changed."
• The term "substantial deviation" in the context of 3502(d) refers to the
reclamation plan; that is, a change in the mining operation that results in a -
substantial deviation from the approved reclamation plan.
• Attachment F, pages 12-18:
1. Total area to be reclaimed: 18 acres (Items 8 and 22)
2. Estimated Life: 50-100 years (Item 14)
3. "Operation will be" 50,000-250,000 tons cu. yds./year (Item 16)
4. Maximum anticipated depth: 100 feet (Item 17)
5. Mining method: single bench with tailings pond and gravel bar skiming
(Item 18)
6. Ultimate physical condition of the site: "We want to put the land back and
• plant native to area." (Item 23)
• The reclamation plan does establish an outer envelope of .18 acres and no more
than 250,000 tons or cubic yards per year moved. The New Era Mine has not and
is not exceeding these limits.
• If we accept the idea that Permit 81-135 was approved as a phased operation in
which operations in Phase I were limited to a total volume of 20 cubic yards per
day, and reclamation was to occur in an incremental, cut -and -cover fashion, then
staff believes the current operation has resulted in a substantial deviation from the
approved reclamation plan.
• The Permit 81-135 conditions that relate to reclamation:
1. Condition 2: streambed alteration agreement
2. Condition 3: current report of wastewater discharge for erosion control
3. Condition 6: "Preserve as much vegetation as possible to promote ground
stability and reduce erosion."
4. Condition 9: Erosion control measures
5. Condition 11: "Undertake reclamation immediately once each open pit
mine has been processed."
6. Condition 13: "Retain areas not to be mined in their natural state."
7.. Condition 21: "Mining operation to be limited to a maximum of 20 cubic
yards per day with subsequent review by the PC for proposed expansion to
Phase II."
• Section 3502(d) cites five factors for the lead agency to take into account to
• determine whether a change or expansion in an operation constitutes a substantial
deviation:
1. A substantial increase in the disturbance of a surface area or in the
maximum depth of mining.
Condition 11 requires and the record indicates that the mining
operation was to proceed incrementally with pits being Isequentially
mined and reclaimed with the total disturbance area at any given time
limited. In this sense — that the area of disturbance was to be limited
at any given time — there has been an increase in the permitted area of
disturbance. This increase may result in a substantial or a non -
substantial deviation from the reclamation plan.
2. A substantial extension of the termination date of the mining operation as
set out in the approved reclamation plan. '
The Reclamation Plan cites an estimated life of 50-100 years. In the
absence of any definitive time horizon in either the permit or the
record, there is no substantial deviation from the reclamation plan due
to an extension in the termination date of the mining operation.
3. Changes that would substantially affect the approved end use of the site as
established in the reclamation plan.
• In the April J0 staff .�P, sta report, rovided the commission with three
P
determinations with regards to the reclamation plan: a substantial
deviation that would require an amended plan with Planning
Commission approval and CEQA review, a non -substantial deviation
that would require an administratively approved amendment to the
reclamation plan — such as the adoption of the methods described in
this cost estimate, or no deviation at all.
4. The consistency any proposed change to the operation with the previously
adopted environmental determinations.
If the Board believes that the mitigated negative declaration approved
by the Planning Commission in 1982 covered the scope of the current
operation, then there would be no substantial deviation from the
current reclamation plan.
If the mitigated negative declaration did not consider the current
operation, the Board could consider_ that either a non -substantial
deviation or a substantial deviation has occurred. As staff believes
that mining was to occur in n incremental, phased, cut -and -cover
•
5
manner, it believes the current operation is not consistent with the
• approved mitigated negative declaration.
5. Any other changes that the lead agency deems substantial deviations as
defined in the subsection. .
•
Is the approved reclamation plan adequate to ensure reclamation of
the existing disturbance? The Board may wish to hear from the
operators' engineer for more specifics as to how reclamation will be
achieved.
Cut and Cover References
• Attachment B, page 3 is the Planning Commission summary sheet and the project
description notes a permit for a placer mine with cut and cover as reclamation for
18 acres.
• The Appendix F Data Sheet for the Initial Study checklist also describes a placer
mine with cut and cover reclamation on page 48 of Attachment K, and in the
Discussion of Environmental Evaluation for the Initial Study,
• The second paragraph on page 50 of Attachment K starts out stating: "The mining
operation itself will be open -pit and will be staged over a period of years."...
Towards the bottom of the same paragraph it says, "Reclamation of the land is
proposed to be cut and cover. Materials extracted from one pit will be used in
covering the previous pit and so forth."
• In his response to Steve Streeter's 21 questions, Mr. Logan provides a flow -chart
showing how the cut -and -cover reclamation would.occur, indicating disturbances
of about
Number of Employees and Years of Operation
• 5-10 over a period up to 5 years (Attachment K, page 53)
Definition of Minim
SMARA Section 2735. "Surface mining operations" means all, or any part of, the
process involved in the mining of minerals on mined lands by removing overburden and
mining directly from the mineral deposits, open -pit mining of minerals naturally exposed,
mining by the auger method, dredging and quarrying, or surface work incident to an
underground mine. Surface mining operations shall include, but are not limited to: .
a. In place distillation or retorting or leaching.
b. The production and disposal of mining waste.
c. Prospecting and exploratory activities.
A
•
•
CCR Sec. 3501: Surface Mining Ouerations. In addition to the provisions of Section
2735 of the Act, borrow pitting, streambed skimming, segregation and stockpiling of
mined materials (and recovery of same) are deemed to be surface mining operations.
SMARA Sec. "2729. "Mined lands" includes the surface, subsurface, and ground water
of an area in which surface mining operations will be, are being, or have been conducted,
including private ways and roads appurtenant to any such area, land excavations,
workings; mining waste, and areas in which structures, facilities, equipment, machines,
tools, or other materials or property which result from, or are used in, surface mining
operations are located'.
BCC 13-103 Scope.
(a) The provisions of this article shall apply to the unincorporated areas of Butte County.
(b) The provisions of this article are not applicable to
(1) Excavations or grading conducted for farming or on-site construction or for the
purpose of restoring land following a flood or natural disaster.
(2) Prospecting for, or the extraction of, minerals for commercial purposes and the
removal of overburden in total amounts of less than one thousand (1,000) cubic yards in
any one location of one acre or less.
CH12(s
BUTTE COUNTY
CLERK OF THE BOARD USE ONLY
BOARD OF SUPERVISORS
MEETING DATE:
#ENDA TRANSMITTAL
AGENDA ITEM:
Four Appeals of the April 10, 2008 Planning Commission Resolution 08-24
AGENDA TITLE: Modifying and Adopting a Revised Order to Comply Regarding an Amended
Mining and Reclamation Permit for the New Era Mine, 4095 Dry Creek Road,
Oroville
DDS,
DATE:
MEETING DATE
DEPARTMENT: Plannin
06/10/08
REQUESTED:
REGULAR X CONSENT
Chuck
PHONE:
CONTACT: Thistlethwaite
6572
DEPARTMENT SUMMARY AND REQUESTED BOARD ACTION:
This hearing is being held to consider four appeals of the Planning Commission's April 10, 2008
adoption of Resolution 08-24 modifying the Revised Order to Comply Regarding an Amended
Mining and Reclamation Permit for the New Era Mine. The modified Revised Order to Comply,
which became effective on April 21, 2008, requires seven actions of the New Era operators,
including requirements to take all appropriate actions necessary to obtain approval of an
amended mining permit, reclamation plan and a financial assurance mechanism in accordance
with a compliance schedule. Action 7 of the Revised Order to Comply allows the operators to
continue mining operations in Pits 1 and 2 while taking all appropriate actions to obtain
approval of an amended mining permit and reclamation plan over an 18 -month period from the
effective date of the order.
loommended Action:
Staff recommends that the Board of Supervisors provide staff with a motion of intent to uphold
the Planning Commission's April 10, 2008 adoption of Resolution 08-24 modifying the Revised
Order to Comply Regarding an Amended Mining and Reclamation Permit for the New Era Mine
and deny the four appeals from the New Era Mine operators (North Continent Land and Timber),
Richard Meyers, the residents of Butte Valley and Paradise, and Lucy Cooke.
Budgetary Impact: Yes No X
CAO OFFICE USE ONLY
If yes, complete Budgetary Impact Worksheet on back
Budget Transfer Requested: Yes No x
Administrative Office Review
If yes, complete Budget Transfer Request Worksheet on
back.
Administrative Office Staff Contact
(Deadline is one business day prior to normal agenda
deadline.)
4/5/s Vote Required: Yes: _ No:
Will Proposal Require an Agreement: Yes No x
Auditor -Controller's Number (if
Date Received by Clerk of the Board:
required):
County Counsel's Approval: Yes No x
Will Proposal Require Additional Personnel: Yes No x
_
Number of Permanent: Temp
Extra Help
Previous Board Action Date: Additional Information Attached: Yes x No
scribe: Agenda Report, Attachments:
'A: 'Resolution 08-24
B: Appeal from North Continent Land and Timber, Inc.
C: Appeal from Richard Meyers
D: Appeal from Residents of Butte Valley and Paradise
E. Appeal from `Lucy Cooke
F: May 6, 2008 Memorandum to Board of Supervisors (Background Material Sent to
Board on May 6, 2008)
G: Site Development Plan Exhibit; Holdrege and Kull,I February'21, 2008
H:. March_ 13, 2008 Planning Commission Minutes
I: Draft April 10, 2008 Planning Commission Minutes
SPECIAL INSTRUCTIONS TO CLERK
er of originals required to be returned to Department:
**Please Note** Department is responsible for returning contract to contractor. Clerk of the Board
returns completed Auditor's copy ONLY.
Requested Board Action:
Ordinance Required Resolution Required X Minute Order Required For Information Only
Current Year Estimated Cost/Funding Source
Estimated Cost $
Amount Budgeted
(Budget Unit Number:
(Fund Name:
(Fund Number:
•
ARY IMPACT WORKSHEET
Source of Additional Funds Requested
Contingencies $
(Fund Name:
(Fund Number:
Unanticipated Revenue $
(Source:
(Rev. Code:
Other Transfer(s)
1. Complete worksheet below
2. Deadline is one business day prior
To normal agenda deadline
Additional Requested $ Total Source of Funds A
Annualized cost $ . if also planned for next year.
Budget Transfer Authorized By Administrative Office
Board Action Required for B -Transfer? Yes No
Authorized Signature
Date
BUDGET TRANSFER REQUEST WORKSHEET
Transfer Request:
AMOUNT LINE ITEM
Transfer
$
(No Cents)
From
T nsfer
®r
$
(No Cents)
From
sfer
No Cents
From
Transfer
$
(No Cents)
From
To
To
To
To
LINE ITEM
0
0