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HomeMy WebLinkAboutIRREVOCABLE LETTER OF CREDIT-02 TRI COUNTIES DANK IRREVOCABLE LETTER OF CREDIT 1 Irrevocable Letter of Credit #0820489120 ; Expiration date: March 27, 2006 As set out below Beneficiary (ies): (1)` Butte County Board of Supervisors 25 County Center Drive Oroville, CA 95965 (2) California Department of Conservation Office -of Mine Reclamation 801 K Street, MS 09-06 Sacramento, CA 95814-3529 This will serve as notice and agreement that Tri Counties Bank,, a -Financial Institution subject to regulation by the State of California, and duly authorized to do business in the State of California, has on deposit the necessary amount of $16,000.00 (United States Dollars) pledging and guaranteeing these,funds to Butte County and/or the Department of Conservation to meet the obligations of Cla`yton:Gunn to establish and perform a reclamation- plan and mitigation measures pursuant to Mining/Reclamation Plan Number MIN.98-02 approved by Butte County on March'25, 2002. The $16,000.00 will be distributed to the Beneficiary (ies) upon'the authorization and direction of a duly authorized representative of Butte County or,the Department of Conservation, which accompanied by the documents hereafter described and subject to the following conditions. (1) Butte County may draw hereunder by means of its draft(s), accompanied by this original Letter of Credit and the following signed and dated statement, appropriately. completed: The amount of your -accompanying draft $16,000.00 represents a sum due to Butte County ' pursuant to Public Resources Code Section 2773.1(b). Butte County has determined, following a public hearing, that Clayton Gunn is financially incapable of performing reclamation in accordance with its approved reclamation plan, or has abandoned its surface mining operation without commencing reclamation, and Clayton Gunn has been provided with notice and., opportunity to cure (which cure period has,expired), all in accordance with the provisions of Public Resources Code Section 2773.1(b). The individual signing .below certifies that the foregoing statements are true and correct and that the signatory is authorized to sign and deliver this statement ;� � . �.__.. _ r r 1 r,•r I I/r'I,II, ,, •I ,� �" ,'I ' •`i,�l 'I''r , i - ' '• �' on behalf of,Butte'County, and that a,copy of this statement,has been forwardedlby, certified i mail or courier'service to the Departmentsof Conservation. i i . ,gutte County B ! ..i. jl ame: , 'Title: (2)': The Department of, Conservation may draw:hereunder•by means'of'its'draft(s);;; ;, ' accompanied. by the following signed and dated statement; appropriately. completed (the original. Letter, of Credit need not accompany the�draft(s)): . .. ; ,r.''+111;', it', ri, r � i� �'•i i , ;�i ,'",i, I.r I il" !'I!i I , , ! , , r• �t .l ., I' is j' 3r•, `! I, .i ':,' .'I'� , The aniount!of your, accompanying draft up to $16,000.-00 is due to the'Department of,'. r Conservation 1pursuant to Public Resources,Code'Section 2773.1(b) the Department of ' Conservation; or Butte County has determined, following a public hearing; that Clayton Gunn is financially incapable of performing' reclamation in,accordance with its,approved;+ ; ' reclamation plan; or has abandoned its surface mining operation without commencing ' " reclamation,' andClayto1.n Gunn has- been provided with notice ;and opportunityto cure ; (which cure'p, , od has,expired)„all in accordance with'the provisions'of, Public Resources Code'Sectionl2773:1(b) and (d). The individual signing below certifies that the foregoing,. statements' are true and- correct and that the signatory is,authorized to sign and deliver this r, statement on behalf'of the Department of Conservation, andithat a copy of this statement ; has' been forwarded jby certified mail or courier service to Butte County: • .i !r '.: is •i',I. i`li�iiii ':; i, 1; ,; .;Irli!' �ii.�`'; l;';i iii, ;•i1i „ �,• r ” •a California DepartmentI ' of Conseivation ','j. . �' ' � �;'' ';I,I�i114+;1'1'I ! ;'�,fi �. ' By,.,`,,� +�'"1' li, •,I' •,', � ..,�' I{ '' , 'r Name': t; ' .' � ,' � 1. ,,! r,�;r. �,Ir', ' .i '' " ' � l��irirl,l, �i� �. •!,.,... .i: r , • !: • ,I !�•',� ',,�,II tl..,;! '! " I ' 'Title:, ',, ., ';,r ,i; 'I r . ' �' . ' r This'L'etter'of Credit shall be'in;full'force andleffect'until'receipt of a written statement by a duly, ,r , authorized representative of'Butte County or the Department Conservation that all 'of the',; obligations secured'hereby;have been performed or until disbursement of all funds pledged and. guaranteed hereunder, pursuant to, the preceding paragraphs or,until,the Expiration Date' � I � I•'' 1 ,I�'i�l,�'ll�l, ..'� `.; " i „ ' hereunder: I r } ir`Iji,t l' ,. !I "iii .., The L`etter'of'Credit shall'expirb;March 27, 2006 at the'counters'of Tri Counties Bank; 9411, ' Midway, Durham;°CA; 95938,'6r any extended date as hereinafter,provided: ' lt is a condition of this;' i, i i I1 i h I , /,- Letter of Credit that it shall be automatically extended for additional periods, each of one year, unless at least one hundred twenty (120) days prior to the then relevant expiration date Tri Counties Bank has advised Butte County and the Department of Conservation by registered or certified mail that Tri Counties Bank elects not to extend. In that event, Butte County and/or the Department of Conservation may draw hereunder on or prior to the then relevant expiration date, up to the full amount available hereunder, against the sight draft(s) on Tri Counties Bank, bearing the number of this Letter of Credit. The'amount of this Letter of Credit may be reduced in accordance to conditions set forth -in the above referenced Mining/Reclamation Plan Number MIN 98-02, provided that any such reduction shall be made only with the written approval of a duly authorized representative of Butte County and/or the Department of Conservation. This agreement shall be governed by and construed in accordance with the laws of the State of California. This credit shall be subject to the Uniform Customs and Practice or Documentary Credits (1993 Revision), International Chamber of Commerce Publication Number 500 notwithstanding Article 19 of said publication. If this Letter of Credit expires during an interruption of business as described in Article 19, Tri Counties Bank is hereby specifically authorized and agrees to effect payment if the letter is drawn within thirty (30) days after the resumption of business. This shall constitute an irrevocable commitment of funds which shall not be subject to recall by Tri Counties. Bank before the Expiration Date hereunder. Tri Counties Bank By: -LL Name: Lar Sparks Title: Vice President TOTAL $ 039°00 APPROVED BY: RECEIVED BY: AUDITOR -CONTROLLER TREASURER By: white=treasurer pink --auditor canarg=depos-stor golden rod=file C COUNTY OF BUTTE AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT OROVILLE, CA ATR NO 74652 RECEIVED FROM PLAI\II 14G BAG 0 330 DATE 5/2812004 FUND FUND DEPT ACCT CASH DESCRIPTION TITLE CODE CODE CODE CODE AMOUNT 4 DEPOSIT.DATE: WJ RECEIPTS: 4061_80 PLAI►INING APPL FEESw GENL 0010 440001 421 101001 839.'00 Project Number Amount of Fee r--M�READYMIX MI=A x4-01 $839.00 FOR 5126 TOTAL $ 039°00 APPROVED BY: RECEIVED BY: AUDITOR -CONTROLLER TREASURER By: white=treasurer pink --auditor canarg=depos-stor golden rod=file C Check Number /Cash ; �' ' Total Receiv $83S.0.0 Total Fees $839.00 " Fish/Game ' $0.00 ' ALUC (Airport Land $0.00 $0.00 ` lNon Sufficient , . Funds., ($25.00 Fee)- Cel I Tower - ($2500.00) >, $0.00. Public Sales / Copies —_- $0.00 ' Other: $0.00. • V .� �. ! COUNTY OF BUTTE OFFICIAL RECEIPT OFFICE OR DE TMENT ISSUING RECEIPT fl Received from The Sum of Received: Received CASH ❑ Title — CHECK (' © sv nAVM R1ISINFSS FORMS • ISMI /1. woore LJ MATHEWS READYMIX LLC P.O. Box 749, MARYSVILLE, CA 95901 • 036001 91-04-0008 t 5/19/2004= 839.0{0 839.00. 0.00 839.0 BUTTE t COUNTY MAY 2 5 2PO4 DEVELOPMENT SERVICES • BUTTE r� _ COUNTY AC�IEW��ADYMIX LLC MAY 2 2 (DEVELOPMENT SERVICES' May 24, 2004 Daniel Breedon Principal Planner Butte County Department of Development Services Planning, Division 7 County_ Center Drive Oroville, CA 95965 RE: Mathews Readymix LLC ("Mathews") State Lands (California Mine ID 491-04-0008) = Dear Mr. Breedon: Enclosed is a revised Financial Assurance Cost estimate for the subject mine. Also enclosed is our check in the amount of $839.00 made payable to the Butte County Treasurer for your department's review fee. - - Please contact the undersigned if you have questions. Very truly yours; 1V ATH.EWS READ V_ M'l _X T ;LC By: - ames'D. Elliott 'ce President/Controller - JDE/lss - Enclosure "PROVIDING A SOLID FOUNDATION" POST OFFICE BOX 749 MARYSVILLE, CALIFORNIA 95901 • (530)749-6525 FAX (530)741-8313 Q.C. LAB 899-9668; VUBA CITY 671-2400; CHICO 893-8856; OROVILLE 534-0880; ANDERSON 365-0191 LC-REMATH EWS READYM IX LLC- REVISED VISED FINANCIAL ASSURANCE COST ESTIMATE CALIFORNIA MINE ID #91-04-0008 STATE LANDS PROPERTY May 17, 2004 Submitted by: Mathews Readymix LLC P. O. Box 829 Marysville, CA 95901 Telephone 530-749-6526 Facsimile 530-741-8313 • - VTC HEWS READYMIX LLC alifornia Mine I.D. #91-4-0008 1. PRIMARY RECLAMATION ACTIVITIES Description of Task: The area covered by Mining and Reclamation Permit No. 86-38 consists of an active mining area .of approximately 26 acres and a plant site/stockpile area consisting of approximately 12 acres on a 52 acre parcel. The majority of the 26 acre active mining area has been mined from the surface to approximately 25 feet below water level, resulting in a large pond. The 12± acre Plant Site area is essentially level with several small aggregate stockpiles. There has never been a processing plant erected on the Plant Site area. The Plant Site and stockpile areas will be graded to a level surface contour by a D-9 bulldozer. ,The access road to the Plant Site and active mining areas will not -be de - compacted, since this will provide future access to the property after mining is completed. Future mining will consist of underwater excavations in the active mining area. Materials are excavated and removed from the active mining area for processing off-site. A. EQUIPMENT: The post -mined condition of the property will be a large pond and leveled Plant Site/stockpile area. The Plant Site and stockpile areas will be contouredwith a, D-9 bulldozer. 'The finished surface contour will be similar to the adjacent level areas in the dredge tailings. No importation of materials is required for reclamation. A D-9 Bulldozer will take an estimated 24 hours to level the Plant. Site and stockpile areas to create a level contour; on-site experience has documented that a D-9 Bulldozer will grade and level to final contour an acre of the Plant Site area in approximately 2 hours. For the 12± acre Plant Site arid stockpile areas this will require an estimated total of 24 hours of Bulldozer time. Mobilize/Demobilize D-9 Bulldozer ................................... $ 1,000.00 D-9 Bulldozer Rental (24 hours @ $197:00/hour) .............. $ 4.728.00 TOTAL EQUIPMENT COST FOR THIS TASK ............... $ 5,728.00 B. LABOR: Marking/Staking of 12 acres to be contoured: One laborer .@ $30.00/hour for 8 hours ......................... $ 240.00 TOTAL LABOR COST FOR THIS TASK ..................... $ 240.00 -1- . • MATHEWS READYMIX LLC California Mine I.D. #91-4-0008 C. MATERIALS: Stakes and flagging tape .............. ............................ $ 100.00 DIRECT COSTS FOR EQUIPMENT, LABOR AND ............ $ 6,068.00 MATERIALS 11. REVEGETATION REVEGETATION PLAN AND DESIGN The Post raining uses of the subject property would include -6pen'-space, including habitat for fish and wildlife, and public recreation. This revegetation plan is specifically designed to provide for the development of the wildlife habitat component and is based upon the character of the existing riparian habitat and species of the surrounding areas and characteristics of ,the property. The riparian species' plantings will be patterned after the existing -riparian communities of cottonwood '(Populus fremontii) and red willow (Salix Laevigata) trees. Additional volunteer communities may self -establish, which include cattail (Typha Latifolia and T. domingensis) as well.as cottonwood and red willow trees. The site groundwater fluctuates approximately 4 feet during an average year (excluding flood events), and the existing riparian species have adapted and flourished in this environment. Riparian Corridor The toe of the eastern and northern buffer areas will be populated with cuttings from onsite cottonwood and red willow trees. The cuttings will be planted along the shoreline similar to locations of the existing tree communities on site. In the event thatthe survival of plantings 'is less.thah 60%, add itio ial . plantings will be made. utilizing cottonwood and ' red willow trees procured from a local landscape company. Locally grown species will always be given priority in the procurement process. Plant Installation Trees will not be planted in a linear -row of equal spacing, but randomly placed as individuals or in clusters with a spacing of less than 50 feet. The cuttings will be collected and planted while they are dormant, usually from Mid -December through February. All cuttings will be collected on site, and are most likely to root if taken from young plants or vigorous young suckers. -2- �'` •MATHEWS READYMIX LLC California Mine I.D. #91-4-0008 11. REVEGETATION (Continued) The size of the cuttings may vary from '/z to 2 inches in diameter and from 2 to 4 feet in length.. First and second year stems of approximately 3/ to 1 inch are reported to work best. Cuttings will be thrust inserted into the ground at the pond's shoreline by hand with at least 2/3 of the cutting below ground level. Cuttings may also be inserted diagonally into the ground.- TYPICAL POLE CUTTING INSTALLATION ! 1. 121' - 18" 1/2" - 2" diameter cutting t W. 21-41 . \ii / Off, \\\ i � \\ \•,\ ' • � i \> Cut bottom end diagonal to point NOTE: Insert cutting with buds pointing up and 2/3 to % of cutting in ground Mathews EXH04119.MRM4NSTALL A. Equipment: No Equipment required TOTAL EQUIPMENT COST FOR THIS TASK ............... $ 0.00 B. Labor: r • 1. Obtain 120 cuttings on site: One laborer @ $30.00/hour for 8 hours ............. $ 240.00 t - 2. _Install 120 cuttings along shoreline One laborer @ $30.00/hour for 16 hours............. $ 480.00 TOTAL LABOR COST FOR THIS TASK ..................... _ $ 720.00 -3- . MATHEWS READYMIX LLC ' California Mine I.D. #91-4-0008 ll.' REVEGETATION (Continued) C. Materials: 1'. Contingency purchase of Cottonwood and Red Willow tree cuttings from local nursery (includes sales tax): ' 60 each Red Willow (1-gallon size) @ $6.49 each ...... $ 390.00 60 each Cottonwood (1-gallon size) @ $6.49 each ..... $ 390.00 2. Delivery to site........................................................ 200.00 TOTAL MATERIALS COST FOR THIS TASK .................. $ 980.00 DIRECT COSTS FOR EQUIPMENT, LABOR AND .............. $.1,700.00 MATERIALS 111. PLANT STRUCTURES AND EQUIPMENT REMOVAL Description of Task: No processing equipment or plant facilities have ever been located on the Plant Site area. TOTAL ESTIMATED COST FOR THIS TASK ..................... $ 0.00 IV. MONITORING AND MISCELLANEOUS COSTS After completion of reclamation, monitoring will be. by the annual Lead Agency inspections. SMARA Annual inspections'(3 years x $2,000 each) ............ $6,000.00 Revegetation replacement (20% of planting costs) ............... 340:00 TOTAL ESTIMATED COST FOR THIS TASK ..................... $6,340.00 -4- MATHEWS READYMX LLC California Mine LD. #91-4-0008 V. DIRECT RECLAMATION COSTS ............................... $14,828.00 Vl. INDIRECT RECLAMATION COSTS ............................ $ 5,309.00 Supervision (6.8%; chart) ............... $ 11008.00 Profit & Overhead (14.0%; chart) .:... $ 2,076.00 • Contingencies (10%) ...................... $ 1,483.00 Mobilization (5%) .......................... $ 742.00 VII. TOTAL OF DIRECT AND INDIRECT COSTS ................ $20,137.00 Vlll. LEAD AGENCY ADMINISTRATIVE COST ................... $ 2,225.00 (15% of Direct and Indirect Costs) IX. TOTAL ESTIMATED COST OF RECLAMATION .......... $22,361.20 -5- FILE: EXH04061.1VIRM