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HomeMy WebLinkAboutCLEANUP AND ABATEMETN ORDER NO R5-2007-0731 REQUIRING CLEANUP AND STABILIZATION OF EARTHEN MATERIALSCalifornia Regional Water Quality Control Board Central Valley Region i' Karl E. Longley, ScD, P.E., Chair. 4Linda S. Adams - Amold•Schwarzenegger Secretary for Redding Office Environmental Protection 415 Kmflcrest Drive. Suite 100, Redding, California 96002 Govemor (530) 2244845 • Fax (530) 2244857 R� http:/lwww waterboards ca govlcentralvalley COUNTY 17 December 2007 CERTIFIED MAIL 7006 0810 0006 3267 4398 .f Ronald and Betty Logan .4095 Dry Creek- Road Oroville, CA 95965 DEC 2 1 200r- 1DEVEL(JPMENT SERVICES CERTIFIED MAIL 7006 08.1.0 0006 3267 4404 Mr. F.'L. Ogle, President North.. Continent- Land &-:Timber, Inc. 4950 Cohasset.Rd, Suite 10 Chico, CA 95973 CLEANUP AND ABATEMENT ORDEWNQ 115, 2007-0731'REQUIRING CLEANUP{AND. STABILIZATION OF EARTHEN MATERIALS WITH THE POTENTIAL FOR. DISCHARGE TO DRY CREEK AND COMPLIANCE WITH THE GENERAL INDUSTRIAL STORMWATER PERMIT, NEIN-ERA MINE, BUTTE':COUNTY r;` ,• Enclosed -is Cleanup and Abatement Order No. R5-2006-0731, The Order was signed by the Assistant Executive Officer and requires.you to immediately begin cleanup activities at the New Era Mine to remove earthen matedails,that have beem placed where:hey=rnay!pose a. threat to and may be transported into surface waters, comply with the .GLneralIndustrial Storm Water Permit, and apply for Waste Discharge Requirements for your mineral recovery process: Specifically, the Order requires you to: • By 28 December.2007, submit, 4,Sediment and Erosion Control Plan'developed by a licensed professional. • By 11 January 2008, complete installation of all erosion and sediment controls to prevent or minimize the discharge of soil, sediment, and earthen matedals'into surface waters. • By 8 February 2008, submit a Report of Waste Discharge and appropriate fees to apply for Waste Discharge Requirements for the operation of the New Era Mine. • By 1 March 2008, update your Storm Water Pollution Prevention Plan. Due to our area currently being in the winter rain season, it is imperative the erosion and sediment control work be completed by the' 11 January 2008 compliance date or sooner. California Environmental Protection Agency Q Recycled Paper 222 1 • i� New Era Mine -2- 17 December 2007 The threatened discharge of pollutants to waters of the State has exposed you to possible further enforcement action. Under Section 13350 of the California Water Code (CWC), the Regional Board can impose administrative civil liabilities for violations of the Cleanup and Abatement Order and up to five thousand dollars ($5,000) per day for each day of violation. Under Section 13385 CWC, administrative civil liabilities may also be imposed for unpermitted discharges to surface waters up to ten thousand dollars ($10,000) per day for each day of discharge and ten dollars per gallon.of wastes discharged to surface waters in excess of 1,000 gallons. If you have any questions, please contact Phil Woodward, Senior Engineering Geologist at (530) 224-4§53. ,n C. PEDRI, P.E. it Executive Officer PVW: sae cc w/ C&A Order ;& Inspection'Report: Ms. Lori Okun; State Water Resources Control- Board,, Sacramento Warden Josh Brennan,. Department of Fish and Game, :Paradise Mr.. Chris Thomas, Butte County Department of Development Services, Oroville Mr. -Mike Huerta, Butte County Department of Environmental Health, Oroville Mr. Ignacio Gonzalez, Pacific Municipal Consultants, Davis Mr.- Shane Cummings, Holdredge and Kull, Chico UAClerlcal DocumentslCorrespondenceFineMAines%WoodwardUOD7\DecemberWew Era Mine C&A letter doc California Environmental Protection Agency ga Recycled Paper R T3""�,; C®!INn' DEC 2 1 2001 0EVEL0b1It4G7N11 SEP,v1 L,- 223 *CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD CENTRAL VALLEY REGION CLEANUP AND ABATEMENT ORDER NO. R5-2007-0731 FOR r ► -r RONALD AND BETTY LOGAN COUNTY AND DcC 2 1.20? NORTH CONTINENT LAND AND TIMBER, INC k NEW ERA MINE DEv1Er05 N-1.EN ; BUTTE COUNTY scrzvjrEs This Order is issued to Ronald and Betty Logan and North Continent Land and Timber, Inc., owners and .operator, respectively, of the New Era Mine in Butte County based on: provisions of California Water Code Section 13304, which authorizes the Regional Water Quality Control Board, Central Valley Region (Regional Water Board) to issue a Cleanup and Abatement Order (Order)` and on California Water Code Section 13267, which authorizes the Regional Water Board to require the submittal of technical and monitoring reports. The Executive Officer of the Regional Board, finds that: 1. Ronald and Betty Logan, 4095 Dry Creek Road, Oroville, California, 95965 -own the New Era Mine (Assessor Parcel Number 041-080-027) approximately 10 miles north of ( • Oroville. The mine is operated by North Continent Land and Timber, Inc., 4950 Cohasset Road, Suite 10, Chico, CA 95973'. Ronald and Betty Logan, and North Continent .Land- and Timber, Inc are designated. hereafter as Dischargers. The mine comprises approximately 18 acres adjacent to Dry Creek, Butte County in Section 1, T21 N, R3E MDB&M. Runoff from the mine drains to Dry Creek, a tributary to Butte Creek and the Sacramento River. 2. On 2August 2007, Regional Water Board staff, responding to a complaint, inspected the mine and found significant land clearing activities being conducted as part of the mining operation that exposed large areas of bare soil to erosion, with the threatened discharge of waste to Dry Creek which runs immediately adjacent to the cleared area. 3. Regional Water Board staff notified the mine operator of the need for proper erosion and sediment control measures, the high potential for the discharge of sediment to. Dry Creek and the requirement that the Dischargers obtain a General Industrial Storm Water Permit (General Permit) and develop a site specific Storm Water Pollution Prevention Plan (SWPPP). The operator submitted a SWPPP to Regional Water Board staff on 13 September 2007 and their Notice of Intent to Comply with the General Industrial Storm Water Permit was received by the State Water Resources Control Board on 31 October 2007. 4. On 5 December 2007, Regional Water Board staff accompanied representatives from Butte County who were performing an inspection of the mine to determine compliance with the Surface Mining and Reclamation Act (SMARA). During this inspection • Regional Water Board staff noted extensive and expanded ground disturbance since 224 CLEANUP AND ABATEMENT ORDER NO R5-2007-0731 RONALD AND BETTY LOGAN, AND I-OUNTi NORTH CONTINENT LAND AND TIMBER INC. GcC 2 1 X07 BUTTE COUNTY _ 1)EVELOPW11EN'r SERVICES the 2 August 2007 inspection. Further, earthen material was pushed over the edge of ' the bank of Dry Creek to within a few feet of the flowing channel, damaging riparian ' vegetation including brush and trees: Much of the area did not have any storm water or erosion controls in place. What few erosion control measures were present were minimal and ineffective. Six ponds constructed near the stream were being used for both process water ponds to contain waste from the mining operations and as storm , water detention. ponds. These ponds are not adequately designed to contain the - potential storm water generated at the mine. 'Further, there was evidence of storm and sediment discharges -directly into Dry Creek as indicated, by eroding gullies and sediment deposits leading to the creek. rt ; 5.1 Regional Water Board staff observed that the site had been significantly cleared of trees and under story, -including damage to significant riparian vegetation which protects the ' creek. The majority of the site had been graded; and/or impacted with heavy equipment. Grading occurred -:right up to the;�bank-of;Dry.Creek,=with soil- pushed over the edge of the bank. Earthen material had also been.pushed into a drainage gully along the south edge of the property. 6. Dry Creek was -flowing clear atahe time of Ahe eachinspection, but staff obseNed a significant amount of sediment deposits near the creek due to a recent storm event. 7: The exposed soil, sediment, and earthen material moved and deposited adjacent to Dry Creek by the Dischargers constitutes "waste" as definedin California Water,Code - - .. section 13050. Based on Regional Water Board staff observatlons; the Dischargers.' land -clearing and mining activity: threatens to result in a discharge of waste, Le", soil, sediment, `and earthen material, directly into surface waters during subsequent storm . events.The Discharger, through this activity, has caused waste to be discharged where it may cause a condition of pollution or nuisance by^increasing levels of sediment, settleable and suspended material, and turbidity in surface waters. - 8. The water Quality Control Plan for the Sacramento River and San Joaquin River Basins, Fourth Edition, (hereafter Basin Plan) designates.beneficial uses, 'establishes, water quality objectives, contains implementation, programs for achieving objectives, . and incorporates by reference, plans and policies adopted by the State Water , -Resources Control Board. The beneficial uses of the Sacramento River as identified in Table II4of the Basin Plan are municipal and domestic supply; industrial; and agricultural supply; water contact and other non -contact recreation; aesthetic enjoyment; navigation; ground water recharge, fresh water replenishment; and preservation and'enhancement of fish, wildlife, and other aquatic resources. _9. The Basin Plan lists specific water quality objectives for inland surface waters: These objectives include limitations on sediment, settleable and suspended material, and ' turbidity. The Discharger's activities have resulted in the placement of waste that threatens to discharge into surface water and cause or contribute to exceedences of these limitations.. - a ..225 CLEANUP AND ABATEMENT ORDER NO R5-2007-0731 RONALD AND BETTY LOGAN, AND •NORTH CONTINENT LAND AND TIMBER INC. BUTTE COUNTY • 10- 11. 12, Section 13304(a) of the California Water Code provides that: -3- BUTT-E, C0jjjQTV DEC 2 1 2G07 pF_VEL PrAEN7 sEizviCEs "Any person who has discharged or discharges waste. into waters -of this state in violation of any waste discharge requirements or other order or prohibition issued by a regional board or the state board, or who has caused or permitted, causes or permits, or threatens to cause or permit any waste to be discharged or deposited where it is, or probably will be, discharged into the waters of the state and creates, or threatens to create, a condition of pollution or nuisance, shall upon order of the regional board clean up thewaste or abate the effects of the waste, or,. in the case of threatened pollution or nuisance, take other necessary remedial action, including, but limited to, overseeing cleanup and abatement efforts. A cleanup and abatement order Issued by the state board or a regional board may require provision of, or payment for, uninterrupted replacement water service, which may include wellhead treatment, to each affected public water supplier or private,well owner. Upon failure of any, person -.to comply,with Ahe cleanup or abatement order, the Attorney General, at the request of the board, shall petition the superior court for that county for the issuance of an injunction requiring the person to comply with the order. In the suit, the .court shall have jurisdiction to grant a prohibitory or mandatory injunction, =either preliminary or permanent, as the fact may warrant." Section. 1 3304(c)(1) of the California Water Code provides that: "if the waste is cleaned up or the effects of the waste are abated, or, in the case of threatened pollution or nuisance, other necessary remedial action is taken by any governmental agency, the person or persons who discharged the waste, discharges the waste, or threatened to cause, or permit the discharge of waste within the meaning of subdivision (a), are liable to. that governmental agency to the extent of the reasonable costs actually incurred in cleaning up the waste, abating the effects of the waste, supervising cleanup or abatement activities, or taking other remedial action. The amount of the costs is recoverable in a civil action by, and paid to, the governmental agency and state board to the extent of the latter's contribution to the cleanup costs from the State Water Pollution Cleanup and Abatement Account or other available funds." Section 13260(a)(1) of the California Water Code provides that: "All of the *following persons shall file with the appropriate regional board a report of the discharge, containing the information which may be required by the regional board: (1) Any person discharging waste, or proposing to discharge waste, within any region that could affect the quality of the waters of the state .._" 226 CLEANUP AND ABATEMENT ORDER NO R5-2007-0731 RONALD AND BETTY LOGAN, AND :.: NORTH CONTINENT LAND AND TIMBER INC. BUTTE COUNTY -4- BUTTE COUNTY GEC 2 1 ,Coit DEVE 0,111 E N i 13. Section 13267(b)(1) of the California Water Code provides that: SERVICES "In conducting an investigation specified in subdivision (a), the regional board may, require that any person who has discharged, discharges, or is suspected of having discharged or discharging, or who proposes to discharge waste within its region, or any citizen or domiciliary, or political agency or entity of this state who has discharged, discharges, or is suspected of having discharged or discharging, or who proposes to discharge waste outside of its region that could affect the quality of waters of the state within its region shall furnish, under penalty of perjury, technical or monitoring program reports which the regional board requires_ The burden, including costs, of these reports shall bear a reasonable relationship to the need for the report and the benefits to be obtained from the reports." 14. The technical reports required rby. this Order are necessary to assure compliance with this Order and to protect the waters of the state. The technical reports are necessary to demonstrate that appropriate methods will be used to clean up waste discharged to surface waters and to ensure that cleanup complies with the Califomia.Water Code and Basin Plan requirements. The -Dischargers are. required to submit the technical reports because, as described in Findings 1 through 7, the Dischargers own the property and { operate the mine that is the source of the discharges of waste and conducted the _ activities that are causing the discharges of waste. 15. The issuance of this Order is an enforcement action taken by a regulatory agency and is exempt from the provisions of the California Environmental Quality Act, pursuant to Section 15321(a)(2), Tile 14, California Code of Regulations. 16. Any person adversely affected by this action of the Regional Board may petition the State Water Resources Control Board (State Board) to review the action. The petition must be received by the State Board within 30 days of the date of this Order. Copies of the law and regulations applicable to filing petitions may be found on the Internet at www.waterboards.ca.Aovleentralvallev or will be provided upon request. IT IS HEREBY ORDERED THAT, pursuant to Sections 13260, 13267 and 13304 of the California Water Code, Ronald and Betty Logan, and North Continent Land and Timber inc., shall: 1. Cleanup the waste and abate, forthwith, the soil, sediment, and earthen materials discharged or placed near or into surface waters or surface water drainages or where such material could reasonably be expected to pass into surface waters including the previously identified Dry Creek and the drainage at the south edge of the property in accordance with the schedule in No. 2 below. 2. Compliance with No. 1 above shall include, but not necessarily be limited to, the :. ` • following measures: 227 CLEANUP AND ABATEMENT ORDER NO R5-2007-0731 -5- RONALD 5 - RONALD AND BETTY LOGAN, AND MUTT': TT NORTH CONTINENT LAND AND TIMBER INC. COUNTY BUTTE COUNTY DEC 2 1 orw�:i.Us,:�iv; S€s12ViCES (a) By 28 December 2007, submit an Erosion and Sediment Control Plan prepared by, or under the direction of a California Registered Civil Engineer, a California ...Certified Engineering Geologist, California Certified Professional in Erosion and 'Sediment Control, or other California licensed professional experienced and knowledgeable in erosion and sediment controls. The Erosion and Sediment Control Plan must at a minimum include: L An assessment of the condition of the mine as it, relates to erosion and sediment control; ii. A detailed list of recommended site specific erosion and sediment control'Best Management Practices (BMPs); and iii. A proposed maintenance and monitoring plan for the site specific erosion and sediment control BMPs implemented to mitigate the threat of continued -soil, sediment, and earthen materials discharges from the mine. (b) By 11 January 2008, complete installation of all erosion and sediment controls to prevent.or minimize the discharge of soil, sediment, and earthen materials into surface waters from subsequent storm events. (c) By 8 February 2008, submit a Report of Waste Discharge and appropriate fres to obtain Waste Discharge Requirements.for the operation of the mine. The Reportof Waste Discharge shall include all necessary; information required by §22.470 . et.seq., Title 27, California Code of Regulations, applicable to the operation of the mine pursuant to §13260 of.the California Water Code. (d) By 1 March 2008, update the SWPPP to reflect actual site conditions and BMPs shown to be effective for the mine including all provisions required by Section A of the General Permit.. 3. If requested, reimburse the Regional Water Board for. reasonable costs associated with oversight of actions taken in response to this Order. By 28 December 2007 submit the name and address to be used for billing purposes for oversight charges. 4.. The Executive Officer may refer this matter to the Attorney General for judicial enforcement or. issue a complaint for Administrative Civil Liability. 5. Failure to comply with a cleanup and abatement order or the dates specified may result in further enforcement actions, including actions under section 13350, 13385, and 13387 of the California Water Code, which allows for administrative civil liability up to a maximum of five thousand dollars.($5,000) or ten thousand dollars ($10,000) depending on the section for each day of violation. 228 CLEANUP AND ABATEMENT ORDER NO R5-2.007-0731 -6- RONALD AND BETTY LOGAN, AND NORTH CONTINENT LAND AND TIMBER INC. BUTTE COUNTY, -6. Compliance with this Order does not relieve the Dischargers of liability for past or ongoing violations of the Porter -Cologne Water Quality Control Act, Water Code § 13000 et seq.,the Clean Water Act, 33 USC § .1251 et seq., the General Permit, or other applicable law. Nothing in this Order modifies any compliance dates in. the General Permit, including the requirement to develop and implement an effective SWPPP prior to commencement or change of covered activities. Z7 jP�ET)Rl,,Assistant.-,.E--xecutive officer 7ES/7 v?vp 7 (Date) c P\AIV: sae • 3,TI'T- -a COUNT:1; DEC 2 1 229 iCENTRAL VALLEY REGIONAL WATER QUALITY CONTROL BOARD :INSPECTION .REPORT':: 17 December 2007 DISCHARGER: Ronald and Betty Logan, and North Continent Land and Timber, Inc. LOCATION & COUNTY: New Era Mine, 4095 Dry. Creek Road, Butte County CONTACT(S): Ronald Logan, property owner Lee Ogle, President, North Continent Land and Timber, Inc. INSPECTION DATE: 5 December 2007 INSPECTED BY: Phil Woodward, Regional Water Quality Control 'Board ACCOMPANIED BY: Chris Thomas, Chuck Thistlethwaite, and'Nick Hoekstra= Butte County Department of Development Services, Tom Odekirk- Butte County Department of Public Works, Ignacio Gonzalez and Nate Anderson -Pacific Municipal Consultants, Lee Ogle, Carl Gales, FrainK'Noland=North Continent Land -and -Timber; -Inc., Ronald Logan -property owner. OBSERVATIONS AND COMMENTS: On 5 December 2007, 1 accompanied representatives' from. Butte County in an inspection of the New Era Mine, Butte County. The mine has been active off and on for approximately 20 years, however recently operations have expanded and it is operated by North Continent Land and Timber, Inc. I arrived at the site and met Lee Ogle, president-of!North Continenfland and Timber, Inc., and Frank Noland. We were joined by several representatives from Butte County as noted above. . The mine is a placer operation with an open pit on a steep hillsidefrom which they obtain. the placer deposits, a trammel, and six ponds to.settle out the sediment from the trammel. These ponds are also used to collect storm water. Dry Creek runs along the eastern edge of the mine. I had inspected the mine previously on 2 August 2007 and noted the proximity of the operations to the creek. At that time, I notified Mr. Ogle of the need to obtain an Industrial Stormwater Permit and develop a Stormwater Pollution Prevention Plan. The Notice of Intent to comply with the Industrial Stormwater Permit (NOI) was dated 20 August 2007, however the NOI and fees were not received by the State Water Resources Control Board until 31 October 2007. A copy of their Stormwater Pollution Prevention Plan was -received by our office on 13 September 2007. . • . 'BUTTE _ COIIN'i T . 0cc 2 1. z��E 23 0 Ronald and Betty Logan - 2 - 17 December 2007 and North Continent Land and Timber, Inc. The active mining takes place on the slope on the west side of Dry Creek. We began our inspection near the northeast side of the active mine and proceed up the hill to the west and south. Mr. Gales with North Continent Land and Timber, Inc., accompanied us on our inspection. Rain had fallen on Wednesday morning and the site was very muddy. The area of disturbed bare earth and mud had expanded considerably since my August inspection and they did not appear to be prepared for storm conditions. The first item of concern is the condition of the bridge used to cross the creek. The bridge is covered with several inches of mud and rock and the approaches drain onto the bridge and into the creek, Any erodable material in this area needs to be removed or stabilized to prevent its transport into the creek (Photos 1 & 2). Immediately above the bridge is the main processing area which consists .of a large trammel, waste rock, generator etc.( Photo 3) This area is sloped and the earth is highly disturbed. Heavy equipment is used to expose and=ve the material to the processing area.:(Photo 4). Any stormwater-runoff from this area runs to a berm upslope of the bridge where it is supposed to be collected in a sump. Water from the sump is directed to one of the process water ponds. The sump is undersized and there is evidence that water has flowed around the sump, eroding material into Dry Creek (Photo 5). iWe proceeded west up the hillside to the benches above the open pit area where we could see the process water/sediment ponds immediately adjacent to Dry Creek .(Photo 6). There was . significant water in the open pit.. The benches were bare of any erosion control however straw had been broadcast on the slopes leading to some of the benches (Photo.7). This straw was in a very thin layer and was not crimped in and is susceptible to blowing away in the wind. The small amount of straw would not be an effective erosion control measure. At the south end of the mine, a large quantity of loose soil and mud had been pushed into a drainage swale (Photo 8). There was evidence this material had moved down slope during the last storm. There were no erosion or sediment control measures implemented in this areas. The east edge of the mine is adjacent to Dry Creek. Earthen material had been pushed over the edge of the banks and were deposited near the stream (Photos 9 & 10). Trees, brush and other vegetation had been covered and/or damaged by the material. A single line of straw waddle was placed at the top of the bank, however this waddle was not staked in, nor was there any erosion or sediment control measures implemented on or below the barren earthen material between the slope break and stream. In areas, there was evidence of stormwater flowing beneath the straw waddles, eroding the barren slope material and flowing towards the creek .which is only a few feet from the base of the barren material_ These banks are unstable as evidenced by tension cracks along the slope break. Approximately 20 feet west or upslope of the stream slope break, five process water ponds had been constructed, These ponds are to contain the wash water required to operate the trammel and wash the gold free of the deposits. At this time, the ponds, with the exception of the last •one, were near capacity of water after only one small storm. The sump pump noted above directed stormwater into these ponds. These ponds are used as process water ponds and as such are full of sediment from the ore processing. Using these ponds as stormwater ponds is 3 1 Approved: Ronald and Betty Logan - 3 - 17 December 2007 and North Continent Land and Timber, Inc. inappropriate as they are not sized nor designed to hold or treat stormwater. Further, it does not 'appear the ponds have been -adequately engineered to assure they are stable and the banks between the ponds and the creek will not fail. Any discharge to surface waters from these ponds, whether an overflow or from a bank failure would be considered a discharge of process waste water. The mine does not have a permit for such a discharge. A slope failure would be catastrophic to the stream habitat. SUMMARY The New Era Mine has expanded their soil disturbance considerable since my last inspection. Earthen material has been pushed over the stream banks and into drainage gullies. There is little effective storm water or erosion control measures in place. The process water ponds are also utilized as storm water containment ponds and are near capacity. It its current conditions, the mine poses a significant threat to surface water quality and a great deal of erosion and sediment control. measures are required to protect beneficial uses of these waters and to comply with the conditions of their Industrial Storm Water Permit. Philip V. Woodward', C.E.G: Senior Engineering Geologist PVW: sae . OClerical Documents\CorrespondenceFinalWineslWoodward120071DecemberlNew Era insp doc BUTTE f64J'Y'T d DEC 2 9 sstzMES Approved: 232 1. . . . . . . . . . . . . . . . . . . . . . . ............... Com. y�'!` .�` e All— ��v m . . . . . . . . . . . . . . . . . . . . . . ............... Com. y�'!` .�` e - _ ...... ` 9si�1 q•^ =-•'cam „�. -�r r ,,,,.._ - • q t ..a <-- r Wgg RIE s?- p L��`' .. �*� hr � '� tis -���. ti` � �r � -i ,�•t �i F [}- 1� '`'� ' cr T%,B`%�- tl..i. .y r'�!Y� , y,�`�d(� '.�'`y✓`'.� JaC;?�� � n s4% -•'•''���'� �:1'_a`=x<$i di;f'F J��•�'�Y�' rSi iP,\ �.w,'y'=t�e`�i:i:r7:�rGUdr';. Po'_s:y�•�,;':.;�w- . i�Y:' Fes• � .. • _ y '7' ? . &�22; ..:..............�§������w WON zui California Regional Water Quality Control Board Central Valley Region Karl E. Longley, ScD, P.E., Chair +a S. Adams Redding Office Arnold Schwarzenegger lW cretary for 415 Knollcrest Drive, Suite 100, Redding, California 96002 Govemor Environmental Protection (530) 224-4845' • Fax (530) 2244857 B U T15, http://www.waterboards.ca.gov/centralva[ley )M,4 J 24 January 2008 DEVELUIIMM,. SEI eCES Ronald and Betty Logan Mr. F.L. Ogle, President 4095 Dry Creek Road North Continent Land &'Timber,. Inc. Oroville, California, 95965 4950 Cohasset Rd, Suite 10 Chico, CA 95973 COMPLIANCE INSPECTION, NEW ERAMINE, BUTTE COUNTY .Enclosed is a copy of a report describing a 4 January 2008 inspection of the New Era Mine. The inspection was performed to determine the progress the mine owners/operators were making towards complying with Cleanup and Abatement Order No. R5-2006-0731 which requires, in -part, the construction of appropriate-stormwater controls. As noted in the inspection report, the work performed to date, while not complete, appears to be working7well in controlling erosion. and- discharges of.sediment to surface waters. We understand the adverse weather conditions -experienced in the area have limited your ability to _�omplete all planned activities by the 11 January 2008 compliance date, due to the potential or causing more erosion and sediment control problems when working with saturated soils and the associated safety issues to mine personnel. In light of the progress and effectiveness of the measures implemented to date, we agree that as long as you continue to implement the activities recommended by your engineering consultant and reiterated in their January 3, 2008 Progress Report as rapidly as site -conditions allow, staff will recommend to the Executive Officer that additional enforcement not be pursued. The other requirements of the Cleanup and Abatement Order, including submittal of a Report of Waste Discharge by 8 February 2008 and submittal of a revised Stormwater Pollution Prevention Plan by 1 March 2008, must be met on time. If you have any questions, please contact Phil Woodward, Senior Engineering Geologist at (530) 22,4-05 A es C. Pedn stant Executive Officer cc Warden Josh Brennan, Department of Fish and Game, Paradise Mr. Chris Thomas, Butte County. Department of Development Services, Oroville Mr. Mike Huerta, Butte County Department of Environmental Health, Oroville Mr. Ignacio Gonzalez, Pacific Municipal Consultants, Davis Mr. Shane Cummings, Holdredge and Kull, Chico �� UAClerical Documents\SA_Correspondence\WoodwardPUanuary 2008Wew Era Itrjan08.doc California Environmental Protection Agency p Recycled Paper CENTRAL VALLEY' REGIONAL WATER QUALITY CONTROL BOARD 24 January 2008 DISCHARGER: Ronald and Betty Logan, and North Continent Land and Timber, Inc. LOCATION & COUNTY: New Era Mine, 4095 Dry Creek Road, Butte County CONTACT(S): Ronald Logan, property owner Lee Ogle, President, North Continent Land and Timber, Inc. INSPECTION DATE: 4 January 2007 INSPECTEb BY: Phil Woodward, Regional Water.Quality Control Board ACCOMPANIED BY: Lee Ogle and Frank Noland -North Continent Land and Timber, Inc., Don Olson, Holdrege & Kull OBSERVATIONS AND COMMENTS: On 17 December 2007, the Assistant Executive Officer issued Cleanup and Abatement Order No. R5-2007=0731 (Order) to Ronald and Betty Logan, and North Continent Land & Timber, Inc. OThe Order was issued due to the lack of stormwater and erosion controls at the New Era Mine and the -potential for significant discharges of sediment to Dry Creek which is immediately adjacent to the mining activities. The Order required 1) the submittal of a Erosion and Sediment Control Plan by 28 December 2007, 2) installation of all sediment and erosion controls by 11 January '20 ' 08, 3) submittal of a Reportof Waste Discharge to apply for Waste Discharge Requirementsfor the mining operation by 8 February 2008, and 4) update the Stormwater Pollution Prevention Plan to reflect actual site conditions by.1 March 2008. The Erosion and Sediment Control Plan was submitted on-time and contained actions that, if implemented, will adequately control discharges of sediment from the mine. On 4 January 2008, I inspected the mine to determine their progress towards complying with the Order. I arrived at the site at approximately 7:45 and met with Lee Ogle and Frank Noland with North Continent land and Timber, Inc. (the mine operator) and Don Olson, an engineer with the consulting firm of Holdrege & Kull who had been hired to develop and oversee implementation of the stormwater controls. At the time of the inspection, an intense storm with very high winds was hitting the area. The winds had toppled several trees in the area, was sufficient to blow off hard hats, and causing hazardous working conditions in the open. walked the site with Mr. Noland and Mr. Olson to see how they had progressed. The soil and Oediment that covered the bridge had been removed and clean crushed rock had been placed on the bridge and the approaches. The stormwater sump near the office trailer had been increased in size to handle stormwater flows. Probably the most effective actions to reduc240 discharge of sediment from the site were the construction of lined diversion ditches which Ronald and Betty Logan - 2 - 24 January 2008 North Continent Land and Timber, Inc. ollected clean stormwater from above the site and routed it around the cleared area of the mine. These ditches appeared well constructed and effective. Plastic pp st c had been spread over a large stockpile of loose earthen material to prevent erosion. Most of the loose material had been removed from the south drainage and the drainage lined with plastic and rock to transport stormwater past the disturbed area. - The embankment for the first two sediment ponds had been reconstructed to engineered standards. Sediment had been removed from the ponds to increase the capacity, the bank nearest the stream had .-been property compacted and widened. Jute mat had been applied to the stream side of the levy and appeared to be working well. Silt fence had been properly installed along the edge of the disturbed.area on the west side of Dry Creek. ..Clean rock was being applied to the parking area on the east side of the creek to reduce sediment transport. Additional work required includes reconstructing the embankment for the remaining process water ponds and stabilizing much of the loose material :at the south end. of the facility. However, due to the recent rains; the soil is too saturated for adequate compaction. Further, the use of heavy equipment under these conditions may not only damage the work done to date, but may result in further disturbance of the material and.increase the chances of discharges to Dry Creek. Mr. Olson had sent me a progress report dated 3 January 2008. The .report described the work conducted Jo date and the additional.work planned. Based on the�condition ofthe site during my inspection; the significant amount of work already conducted on site and the effectiveness of �he storm water controls in place, I agreed with Mr. Olson that.the additional control measures discussed in his 3 January progress report be conducted only when .site conditions had dried out . sufficiently to allow for safe: and effective work environmerit. SUMMARY: The personnel at the New Era Mine have been working diligently to comply with the Cleanup and Abatement Order and install appropriate and effective stormwater controls. Their work has been hampered by heavy weather; however the perimeter controls are working in reducing the discharge of sediment to Dry Creek. The mine personal have assured staff that work will continue as soon, as the soil drys sufficiently for safe and effective operations. Philip V. Woodward, C.E.G. Senior Engineering Geologist PVW: knr .U1Clerical Documents%SA_Correspondence\WoodwardP\January 2008Wew Era inspjan08.doc t 241 . . Approved: ®. l i � _ ��� - i � I p: i j � �. f E . ;� � r b t. v i i 1 i '.