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Home My WebLink AboutMINING OPERATIONS PROPOSED BY R LOGAN DR CREEK ROAD1 To: Planninq Roard Attention: Nina Lambert; Mike Schroder, Frank -Bennett, Rae Wheeler, Ron Max Bettye' 131air Subject: Mining Operations proposed by. R. Logan/Dry Creek Road We the undersigned are property owners on Dry Creek Road. To preserve .and insure the continued integrity and niltural balance of the enviornment'al c-l--ments of the' Ory Creek Road -Canyon, it is requested the planning board,' prior to any decision' regarding the issuance of a mining permit, require that Mr. Ronald R. Logan of Drv'Creek. Road to provide the board: "l. a properly documented and filed VIRreport: i 2) a properly documented anis filed Fish and came report.- eport:31 3)other necessary reports and filings which my be supplementary or original in content that 'pertain to practices essential to quality mining operations compatible with the Dry Creek Road area. 4) Sufficient bonding to indemnify for any financial losses sustained by local, property owners due to mining activities. Supplementary. concerns are enclosed,. amplifying issues . we feel must be properly S' addressed. 1 This request is not filed out of prejudice. It is the position of all the undersigned, that we do not wish to prohibit the commercial .interest of Mr. Logan. However,. it is of ., equal interest to us, that Mr. Logan's pursuits are within defined limits which guarantee f 7. the value of local proberty and preserve the quality. of life style within the area. 102. .. The following' are spe-61fic* ni*eds of concern: i. Water SuPolv rind Control Dry Creek flow must be -guaranteed silt 'free from mining debries Settling ponds must be above 100 year flood height level At. present they are not but rather.about 12 feet above stream- level. 2. All drainage . coming. 'fr6m'ah' prirt of his workings must not'empty y directly into 'stream 'but into 'settling pond. b. No blastihg-into the' formation_ f roim' which all springs eminate.. This'could result in'blo6kAge-of natural -flowm * in" the fbriatioin, cutting off sprin'g flow 'below"'the ' Logan` :prop6tty. 2. Air: and 'Noise::pol6fioln a. Limit.'the amount of trucking up and down the bry Creek road and in'stitute i : necessary repairs to road surfaces. if damage occurs.. Whatever rules are --employed, there must be provisions to: 1 Cut down on dust. 2. Cut down on noise. 3. Cut down on possible accident when one considers the narrowness of the road and the blind spots. 3.' -Posting ofa bond as required by the California Surface Mining & Reclamation Act of 1975 and updated .1980. Counties are also required to develop and maintain effective rind -comprehensive, policies and regulations to control surface mining operation. (State of California & Publish. Resources code 2772). Counties are responsible for imD11ementing local ordinances requiring mining projects to have a.reclamation plan. 103 A reason or reasons for having an an E I R as required by CEQA (State of California Administrative .Code; Title 14, Section 15082). 'These reasons are as follows: 1. he project' has the potential to degrade the quality of the environment, substantially reduce. the habitate of fish, cause fish population to drop below self-sustaining levels. 2. The project has the potential to achieve short-term environmental goals to the disadvantage of long-term environmental goals. 3. The enviornmental effects of .the project will cause substantial adverse effects on human beinals directly or indirectly: Negative conditions would include: polution of stream, stoppage of spring flow, potential air polution and accident .,hazard. :.... An .EIR study will ,address to the following. 9 major categories: • 1. Geologic (soils, erosion, geologic resources - water as well as mineral) 2'. Biotic (flora & fauna) 3. Atmosphere (air quality) 4. Energy and resouce conservation (materials - resources be energy use) .5. Cultural - 'aesthetic resources - Indian land use - (unique landforms, visual quality, scenic resources, past history of Indian use and living) 6. -Social economic resources (employment, housing, and economy) 7. Transportation - circulation (street capacity) 8. Land-use planning (general plan) 9. Public, ...Safety. (environmental health - air . quality - dangerous road conditions) I ,A Depending on Butte County's "Open Space" policy and if the county allows mining in such areas, it can reserve and should reserve the right to regulate, restrict, or' withdraw the permit which would be a "Conditional Use Permit". All the above information is defined in*California Geology Vol. 34, No. 2. dated Fehriiary 1981. Title of the Article: The Environmental Review' Process for New Minin; Projects in California. It is further required that'.any mining project ins California must have an enviornriiental review consisting of several separate and independent permit processes required by the countj►, state and federal law. At the local level, Butte County general plan requires all mining projects on land zoned as open space to have a conditional (: use permit. The State of California Environmental Quality Act (CER) of 1970 mandates Fin enviormental review based on state law and guidelines resulting in the production t • of the Enviromental Impact Report (EIR). State law in the' form of Surface Mining and reclamation Act (SMARA) of 1975, requires a locally approved reclamation plan that is separate and distinct from CEQA requirements. In addition, the State_ of California Air and Resources Board (ARB) acts as a reviewing agency for the Federal Environmental Protection Agency (EPA) which -is responsible for enforcing the Federal Clean Air. act. In turn, all these regulatory processes require the involvement of the local government agency and provide for involvement of local citizens in public hearincrs. 10 a IIF Ed G,amo.-O� l�+ Cj--ncfn trr. ��p C rbtAc�, J 1 r iivs5 �� S:(onature Name (Print) - ^u"`"- - - —' ieN � E E 14 3j o 3 r l v c &cA ' a > 'x'871 6amw0cod Dire • �' � � , - �i , +i /lam '_.��.. /.�. •-�1;..•t-,r-r� � lIx • � •. ale : GQ n `G 90, �7Q•rruckdd ,� p �100/ c 36 s 9 DX (.' oc'r•� r- � ILLuc � pvc. J41.0.1. S j'C • /nom 35:� `� D R)e C RE IR D i''Rccc L a� v1= tIc 7;3:3 6L,; . T GI JI . t d A" U. v. 1:� f ON - lip ! TMc s c..R',i.-ai'.,,•-^` 1�. .. : ii • ....�_.-�.. �..-.e.r3.•Y: rw'.•fYit� h � ..... ''4�-�t.:5'41:5:��: _�. _,t� -.T .'_;i 1�. � r