HomeMy WebLinkAboutNEW ERA MINE (2)Page 1 of 1
From: Thomas, Chris
'
�ent: Friday, January 18, 2008 3:29 PM
o: 'franknoland@northcontinent.com ; 'F.L. Ogle'
Cc: Snellings, Tim; Calarco, Pete; Thistlethwaite, Charles; 'Craig, Douglas'
Subject: New Era Mine
Dear Messrs. Ogle and. Noland,
Thank you for meeting with Development Services staff on January 16, 2008 to discuss the validity of
Use Permit 81-135, the reclamation plan and the financial assurance mechanism for the New Era Mine.
We appreciate the effort you have taken to present your information in a cohesive manner. Additionally,
and in light of recent weather, we recognize the extensive work you have undertaken to stabilize the
New Era site as required by the Cleanup and Abatement Order from,the Central Valley Regional Water
Quality Control Board.
As you know, the December..20, 2007 Notice of Violation sent to you.and Ronald Loganrequires.that
you demonstrate a valid permit; reclamation plan and financial assurance mechanism for the New Era
Mine by Monday. January 21, 2008. As Staff requires more time to evaluate the information you have
Provided, and in recognition of your efforts to stabilize the site, we will defer our determination on the
order to comply until February 4, 2008. During this time, -we ask that you provide us with -any,
additional dated information -demonstrating continuing:gperations at the'New Era Mine for -.the period
between 1982 and 2007. Such information could include bank. statements reflecting expenses and/or
profits, equipment rentals, employee pay stubs; or any other. dated evidence of mine operations. If, after
reviewing information so:far, provided and any additional :Ainformation, Staff. determines.4hat Use -Permit
81 -135 -has lapsed or is otherwise invalid for the current operation, an order will be issued requiring
ubmittal of an application for a use permit, a reclamation plan and a financial assurance mechanism.
l,Aer Butte County Code Section 13-116, that order will not take effect before you have'been provided a.
hearing before the plammng.commissiori.
As noted in the December 20, 2008 Notice of Violation, any activities to stabilize or, restore,the current
operation as ordered by a state or local agency would not be considered a violation.
Should you have any questions, please contact Chris Thomas, Chuck Thistlethwaite or Pete Calarco by
phone or email.
Sincerely,
Tim Snellings
Director, Department of Development Services
Chris Thomas
Associate Planner
Butte County Department of Development Services
530.538.6706 (direct)
530.538.7601 (office)
530.538.2140 (fax)
file://Z:\M ,4\New Era Mine\Notice of Violation\Notice of Violation\New Era Mine eaten... , 2/28/2008
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•
COUNTY
OCT 3 0 2007 .
EVELOPIV$ENT
ERVICEs
PLAN OF OPERATIONS
FOR
NEW ERA NUNE
4095-Dry' Creek Road
Orowille, CA 95965
FOR
NORTH CONTINENT LAND AND. ER, INC.
CHICO, CALIFORNIA
VIA .6
JP'SR ' D. i 3All C S �.
o..2.76.�
PREPAMD BY'
KAS GADS COWANY
3-09
H. PROPOSED OPERATION
The mining operation itself will be an open -pit and will be staged over a period of years.
The pits will be a nominal size of 100 x 200 feet or approximately one-half (1/2) acre in
surface area. The method will be the continuing of excavation of one pit and
simultaneous backfilling and reclamation of the previous pit, therefore limiting the total
disturbed surface to one (1) acre or less.
The operation is proposed to be a wet operation. The daily operations rate is processing
lip to 80 yards (100 tons) of gold bearing ore material, reducing this material by washing
and screening to gold bearing black sands, and placing the black sand into containers
(barrels) and shipping via truck to a refinery for processing. No processing will take
place on the property.
The daily plan operations will be as follows:
1.. Excavation of raw material from the pit. All material will be excavated by a %
2� cubic yard capacity track excavator, dozer with ripper, or front end loader. It
is proposed that blasting will not be required on the site. .
Placement of the raw material onto the grizzly for removal of all boulders and
rocks Jarger than 4 inches.
3. The material then is dumped into a trammel washer and screen for removal of
all rock larger than 1 inch.-
4..
nch:4. The 1 inch minus material is deposited upon a sluice trough for catchments of
all gold<nuggets.
5. After sluicing the material is deposited on to a vibratory Kinch. screen for
removal of all material larger than I/4 inch in size.
6. The larger size materials are conveyed to stock piles and these materials will
be redoposited into previous pit for backfilling and reclamation. A blending
of surplus materials will be done by the earthmoving equipment, dozer, track
excavator, and loader. All material willbe transported by loader or conveyors.
7. The minus'/4 inch material is deposited on to two (2) jigs and the black sand
gold bearing ore is collected and finally deposited onto 'a Diester Table for
final separation of Gold from Black Sands: 8.
8 All black sands will be collected and as previous stated shipped -by truck
to an off site refinery.
9. Water and fines will gravity flow to a series of six (6) settlement ponds.
Each pond will be 60x 100 foot cell at the normal surface level and 9 feet
in depth. Each pond will contain 40,000 gallons or one day supply of
process wastewater. The fines will settle to the bottom of the ponds and
clear water will be recycled to the process plant. No water will be
released to Dry Creek. Due to the lost of water due to evaporation,
aggregate absorption, and general plant consumption, it is estimated that
it will be necessary to supplement the system periodically.
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2
`J • MEETING OF CONCERNED RESIDENTSREGARDING THE NEW ERA MINE
4:00 TO 6:00 P.M.
JANUARY 28, 2008
7 COUNTY CENTER DRIVE, BUILDING 3A
SUMMARY
• Development Services'staff met with approximately 30 residents to hear resident
concerns regarding the current New Era Mine operation and to provide
information about the compliance process.
• An agenda (see attached "Agenda") was handed out to attendees.
• Development Services Director Tim Snellings introduced Assistant Director Pete
Calarco, Planning Manager Chuck Thistlethwaite and Associate Planner Chris
Thomas. Attendees introduced themselves.
• Tim Snellings thanked attendees for coming, noting that the staff valuedtheir.
concerns and input, and asking if their understanding.of the meeting's purpose
was to provide information about the New Era situation and to hear the resident's
concerns. There was general agreement from attendees that -this -was the
meeting's purpose..
• Tim noted that he had spoken with Mr. Lee Ogle earlier: in ' the day,. that Mr. -Ogle
had wanted to be present at this meeting, but that :Tim believed it important to
!:`• meet initially with concerned residents only, while:offering the opportunity for the
County to facilitate a later meeting between residents and :the New Era.Mine
operators.
• Chris Thomas provided a summary of recent events.leading to the current
compliance process:
o Late winter, 2007 Ron Logan came in to ask about'his permit status. Was
told permit had lapsed; he disagreed, and staff instructed him to submit
evidence that his mine had been operating over the past 25 years: No such
evidence was submitted.
o. In late May 2007 one to two residents came in to ask about activity on the
Logan property.
o Staff asked Department of Fish and Game warden Josh Brennan to visit
the site. 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.
o Over the summer of 2007 I received a couple more calls about activity on
the Logan property. On October 24 Code Enforcement visited the site and -
reported back an extensive operation.
o I first spoke with Lee Ogle on October 26 and informed him that it
appeared that UP 81-135 had lapsed and that they had to make a new
mining permit application.
o Staff met with Lee Ogle and Frank Noland on October 30, 2007, and
• instructed the operators to submit any evidence of on-going operations at
the New Era.
311
•
o On November 20 Mr. Ogle and Noland submitted a number of affidavits
and other materials they believed demonstrated continuous operation.
Staff did not agree.
o On December 5 staff inspected the site along with Phil Woodward of the
Regional Water Quality Control Board and found approximately 12 acres
of disturbed area with about 100,000 cubic yards of material redistributed
on the site.
o On December 17, 2007 the Regional Water Quality Control Board issued
a cleanup and abatement order containing several requirements that would
insure stabilization of the site.
o 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 operators.
o In response to the Notice of Violation, on January 16, the operators met
with staff and submitted additional material that they asserted showed,
continuous operation.
o ` On January 18, in order to further research the materials submitted and the
history and status ofUP81-135, staff granted the operators.an extension
until February 4. Staff is currently working on that determination.
o On January 24, 2008 the Regional Water Quality Control Board. reported
that the operators were complying with the cleanup and.abatement order
and that a substantial amount of stabilization. work had been done.
o We have just received a substantially revised cost estimate from the.
operator, along with a $3,000 bond for reclamation.
• Tim Snellings then asked if there. were any questions. A resident asked about the .
relationship between the Regional Water Quality Control Board and the County
permitting process. Chris Thomas explained that the Regional Board had
jurisdiction over water quality in streams that might be impacted by any activity
permitted by the County, and repeated that Mr. Woodward had been satisfied by
the progress made with the cleanup and abatement order.
• A resident asked about the New Era's permit status. Tim Snellings responded that
the County was involved in making its determination as to the original permit's
status, and had asked the operators for any additional information regarding .
operations since 1982.
• A resident asked about what constituted."continuous operation". Tim Snellings.
responded that this was a part of staff's determination regarding the validity of the
permit.
• Tim Snellings asked if residents had any concerns. The following concerns were
noted:'
o '.Dry Creek Road condition — heavy equipment causing loss of gravel, ruts,
degraded shoulder; how is road maintenance to be handled? Right now
residents share road maintenance
o Dry Creek Road safety — narrow road allows only single lane traffic in
places, many large'trucks, New Era employees behavior: drivingtoo fast,
tailgating, rude gestures
312
is o Effect of mine on the spring water supply — residents and livestock
completely dependent upon spring; hydrology study necessary
-o Is blasting occurring? Neighbors report three noticeable blasts
o Current hours of operation —trucks are major disturbance early in
morning, seem to be operating on occasion 24 hours/day; lights, generator
noise
o : What is history ofcurrent-operators and their'company? Who are they?
o Health of Dry Creek (bank erosion, sediment,. effects upon fish); is site
stabilized (discussed recent positive RWQCB status report)
o Are they using chemicals for processing gold, such as, mercury and
arsenic? (Discussed Butte County Environmental Health inspection,
processing of sands being. done off-site)
o What is the reclamation plan and assurance for reclamation?
o Mineral rights — what are they?
o Messilla Valley/Dry Creek Road area is being used as a staging area for
the equipment; trucks often have engines running
o Counted 40 trucks per day loaded with gravel
o Suggest that the operators post an adequate. bond immediately before any
further research or determination .
o Assurance that the operators are going to do it right
o Are they going to. create an access to Pentz Road?
• 'Further discussion -.on assertion that. mine has operated continuously since 1982
Discussion regarding a meeting between neighbors and .operators
• Next steps: County waiting for operators to submit more info regarding
continuous operation'
Current processperButte County Code governing. mining and compliance with
permit; operators afforded due process. Matter could go before Planning
Commission and, if appealed,_ before Board of Supervisors
813