HomeMy WebLinkAboutORDER OF BUTTE COUNTY DEPARMENT OF PUBLIC WORKS_ 0,
Butte County Department of Development Services
TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR
7 County Center Drive
Oroville, CA 95966
(630) 638-7601 Telephone
(630) 538-7785 Facsimile
www.buttecountv.netidds
www.butte-gerietalplan.net .
ADMINISTRATION • BUILDING" PLANNING
ORDER OF BUTTE COUNTY DEPARTMENT.OF PUBLIC WORKS AND
DEPARTMENT OF DEVELOPMENT. SERVICES .
ORDER TO COMPLY
TO PROVIDE A REVISED MINING PERMIT, RECLAMATION PLAN AND FINANCIAL
ASSURANCE 'MECHANISM.
IN THE MATTER OF
NEW ERA MINE
RON LOGAN, OWNER
LEE -OGLE AND FRANK NOLAND, NORTH CONTINENT LAND & TIMBER
4095 DRY CREEK ROAD' .
OROVILLE, CA
ORDER
PER BUTTE COUNTY CODE. SECTION 13-116(b)(1),. YOU ARE HEREBY ORDERED. to
provide to the Butte County Department ofDevelopment Services.
1) An .application for an amended mining perrnit UP 81435 reflecting current and proposed
mining activities at the New Era Mine (APN 041-080-027),
2) A revised Reclamation Plan for the amended Mining Use Permit, and
3) A financial assurance mechanism reflecting activities .proposed in the revised Mining Use'
Permit
The Notice of Violation sent to you on December 20, 2007 notified you that the "current operation '
exceeds the scope of UP 81-135 and, more importantly, UP 81-135 is no longer considered,a valid
permit. It is our determination that the UP 81-135 has. lapsed " (see attached Notice Of Violation)
Subsequently, you have provided Butte. County staff with information asserting that the New Bra
Mine has continued to operate from 1982 through the present and that UP 81-135 has not lapsed due
to inactivity as defined by Butte County Code Sections 113-108,, and 24-45 60
The Department of Public Works and Department of Development Services reserves its
determination as to whether or not UP 81-.135 has lapsed due to inactivity as defined above You
are in violation of Butte County Code Chapter 13, Article II, and the Surface Mining and
Reclamation Act (SMARA, Public Resources Code Section 2710 'et seq.). Specifically, and as
required by SMARA pursuant to PRC Section 2770 et see., surface mining operations must be in
compliance with their approved mining permit, reclamation plan, and provide financial assurance
cost estimates in an adequate amount to ensure that funds are available to reclaim the lands affected
by surface mining activities Per Butte County Code Section. 13-113, UP 81-135 must be amended
for the following reasons.
1) Condition 21 of UP 81-135 states. "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 " No such subsequent review by the Planning Commission was ever -
held The current operation has involved earthmoving -well beyond.20.cubic. yardsper day
2) The scope of the current operation has substantially deviated, as defined- by.California Code
of Regulations (CCR) Title 14, Chapter 8, Article.], Section 3502(d), from the. operation
permitted by UP 81-135 and is -in violation. of Butte County Code Section 13-113.
"Substantial deviations from the original plan shall not be undertaken. until. such
amendment. has been filed with and .approved by the. planning commission The
planning .commission shall set a public hearing 'regarding such amendments in the
same manner as is provided for in section 13-107
3) The scope of the current operation has substantially deviated from the operation permitted
by UP 81-135 and.is in violation of CCR Section 3502(d).
"An amended reclamation plan shall be approved by the lead' agency prior to the
commencement of activities determined to be a substantial deviation from the
approved plan "
This is also a violation of SMARA Section 2777-
4)
777
4) You are in violation of Butte County Code Section 13-106 and Public Resources
Code Section 2773 1 requiring adequate financial assurance to reclaim the site.
according to the reclamation plan
Additionally, you are in violation of Butte County Code Section 24-45 65 by which it is
unlawful to violate any of the terms or conditions of a use permit The New Fra Mine
operation is in violation of the following UP 81-135 Conditions of Approval:
1) UP 81-135 Condition 8 states-. "Improve Dry Creek Road from Messilla Valley
Road, at'such time as mining traffic warrants, to reduce vehicle dust impacts and for
traffic safety purposes " To our knowledge, no such improvements have ever been
made and you are in violation of this condition in regards to the current operation
2) UP 81-135 Condition 9 states: "Erosion control measures are required.
• a Stabilization of all graded areas
187
-•b Stabilization of the streambank in area of mining operation
c Proper development of drainage for open pit mine area
d. Install culvert for any .stream crossing of Dry Creek "
At the December 5, 2007 inspection of the New Era Mine; a representative of the
Central Valley Regional Water Quality Control Board found stabilization
measures at the site to be inadequate and subsequently issued. Cleanup and
Abatement Order R5-2006-0731 You are therefore in violation of Condition
9(a) and 9(b)
3) UP 81-135 Condition 21 states. "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 II " Again, no such subsequent review by the Planning
-Commission was ever held. The scope of -the current,, operation exceeds that
permitted by Condition 21 and you have violated this condition
4) UP Condition 24 states: "Applicant must also comply,with all other applicable State
and local statutes, ordinances _and regulations " The New Era Mine has not complied
With the following applicable State.and local statutes, ordinances and regulations.
o No annual - inspections were conducted at the. site during. the period
between :1993 'and December 5, 2007, as required by Butte County Code
Section 13 1°12,and'Secttoin 2774(b) ofthe'Public Re'sources�Code:
• o No MRRC-2 Surface Mining Operations Annual Reports were received
by the Department of Conservation or Butte County between the period of
1993 and 2007, as required by Butte County Code:Section 13-112 and
Public Resources Code Section 2207
o During the period between the issuance of UP 81435 and January. 25,
2008, no annually updated financial assurance for reclamation was on file
with Butte County, as required by Butte County Code Section 13-106 and
Public Resources Code Section 2773 1
You have therefore violated Condition 24
In order to comply with this Order you are required to accomplish. the following actions and
submit the following items by the indicated dates.
1. Sign the "Statement of Responsibility" form and return to the Department of
Development Services within one week of the. effective date of this Order
2. Submit an Interim Financial Assurance Mechanism for $200,000 00 within. two
weeks of the effective date of this Order
3. Select consultant(s) and licensed professionals 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. Submit a Butte County mining permit application and reclamation plan to amend UP
81-135, with the required application fee, within three months of the effective date of
.t . this Order
3 188
5. The operator is ordered to take all appropriate actions necessary to obtain approval of
a permit, a reclamation plan, and a financial assurance in accordance with the
attached compliance schedule
6. Unreimbursed costs incurred by Butte County in .regards to this Order must be fully
compensated upon determinationby the Planning Commission.
Pursuant to Butte County Code 13-116(b)(2), this order shall take effect once you have been
provided a hearing before the Butte County Planning Commission concerning these
violations_ The Planning Commission may, in its discretion, revoke or modify Use permit
81-135 Pursuant to Butte County Code 13-1.16(b)(6), you have the right to appeal the
decision of the Planning Commission to the Board of Supervisors. The time, date and place
of the Planning Commission hearing for this matter have been set at 9:00 A.M., or soon
thereafter; on March 13, 2008 at 25 County Center Drive, Oroville, California.
During. the period between receipt of this Order and the determination by the Planning
Commission, you are authorized to continue mining operations at the New Era Mine
consistent with all conditions of UP 81-135, and in particular Condition 21 limiting mining
operations to a maximum of 20 cubic yards per day.
You are advised that your failure to comply with this Order may subject you to
administrative penalties of up to* $5,000 per day for each violation, assessed from the
original date of noncompliance with Butte County Code 13-113 and SMARA.
i •�,.. Should you have questions concerning this Order or the hearing, please do not hesitate to
contact the Department of Development Services at:
Chris Thomas, Associate Planner
Butte County Department. of Development Services
7 County Center Drive
Oroville, CA 95965
_•
Dated this 0 day of .February_ 2008:
Snellmgs, Director Mike Crump, Director
Department of Devel ent Services Public Works Department
Attachments: Compliance Schedule
December 20, 2007 Notice of. Violation
CC. Douglas W Craig, Assistant Director, Office of Mine Reclamation
California Department of Conservation
4 189
•
i,_
COMPLIANCE SCHEDULE - NEW ERA MINE
Deadline
Action
Within one week
Fully pay unreimbursed costs incurred by Butte County in regards to this Order.
of the effective
Applicant shall continue to pay all costs associated with this Order.
date of this Order
Within one week
Sign Statement of Responsibility form and return to the Department of Development
of the effective
Services
date of this Order
Within two weeks
Submit an Interim Financial Assurance Mechanism for $200,000.00 to the,Department
of the effective
of Development Services.
date of this Order
Within 5 weeks of
Select consultant(s) and licensed professionals experienced In the preparation of a
the effective date
mining .permit and a. reclamation plan within five weeks of the effective date of this
of this Order
Order. Your consultant's statements of qualifications must be forwarded and
approved by Development Service prior to your selection of a consultant.
Within 6 weeks of
All applicable materials regarding the New Era mining operation delivered to.
the effective date
Environmental Consultant with Request for Scope of Work/Budget.
of this Order
Within 8 weeks of
Delivery of Consultant's Scope of Work/Budget for County Review.
the effective date
of this Order
Within 10 weeks
Submit a Butte County complete mining:permif application and reclamation plan to
of the effective
amend UP 81-135. with the required application fee, within three months of the
date of this Order
effective date of this Order.
Within 14 weeks
County review and submittal of comments to Consultant.
of the effective
date of this Order
Within 8 months of
Environmental document submitted.
the effective date
of this Order
Within 10 months
Public comment period for environmental document
of the effective
date of this Order
Within one year of
Planning Commission Environmental Document hearing (as required).
the effective date
of this Order
Within 14 months
Final Environmental document approved/published (as required).
of the effective
date of this Order
Within 18 months
Planning Commission Hearing on Use Permit and Environmental Document.
of the effective
date of this Order
XC
•
Butte County Department of Developm' ent Services
TIM SNELUNGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR
7 County Center Drive
Oroville, CA 95965
(530) 538-7601 Telephone
(530) 538-7785 Facsimile
www.buttecounty.net/dds
www.buttegeneralplan.net
ADMINISTRATION " BUILDING • PLANNING
December 20, 2007
Ronald Logan
4095 Dry Creek Road
Oroville, CA 95965
Lee Ogle
Frank Noland
North Continent Land &.Timber; Inc.
4950 Cohasset Road, Suite 10
Chico, CA 95973
Certified. Mail (7005 1820 0002 4189 2416)—
Return Receipt Requested
SUBJECT: Notice of Violation — Mining
4095 Dry. Creek Road, Oroville
County Assessor's Parcel Number 041-080-027
(New Era Mine)
Dear Mr. Logan'
This letter serves as a notice of violation under Butte County Cod.Q;activityptthD.e�above
13-116
Chapter .13, Article II, Surface Mining -and Reclamation -that the-mi
referenced location is a violation of County Code and the stin
Reclamation Act for not having a valid permit, reclamation plan and financial assurance
mechanism. If the violation extends beyond thirty days, the County will issue an Order.
Any operator who violates or .fails .to comply, with an -order shall .be subject to an
administrative penalty up to $5,000 per day, assessed from the original date of
noncompliance under Butte County Code section 13-116(b)(3).
On December 5, 2007, in response to complaints received, the Planning, and Code
Enforcement Divisions of the Department of Development Services. conducted an
inspection of the above property (referred to by owner/operator as the New Era Mine).
County staff observed approximately 12 acres of disturbed area, with cuts of 75 feet and
fills of 20 -feet benched at approximately 20 foot intervals, and approximately 100,000 cubic
yards of materials redistributed on the site, defined hereafter as the "current operation".
191
Butte County Code and the Surface Mining and Reclamation Act (SMARA) require, at a
minimum, three items be approved prior to commencing a mining operation: a permit, a
reclamation plan and a financial assurance mechanism. None of these items exist for the
current operation.
Your representatives, Frank Noland and Lee Ogle of the North Continent Land and
Timber, Inc., have asserted that the New Era Mine is currently permitted to operate under
Use Permit 81-135 (UP 81-135, conditionally approved by the Planning Commission on
June 12, 1982). The current operation exceeds the scope of UP -81-135 and, more
importantly, UP 81-135 is no longer considered a valid permit: It is'our determination that
the UP 81-135 has lapsed
Under the Butte County code in effect at the time of the approval of UP 81-135, specifically
section -24-48:1, uses .granted under .a use. permit -were .-required:.; to : be established :within
one year of approval. There is no evidence on file at Butte County Development Services
that verifies that the use was established within a period of one year. The use permitted
by UP 81 A 35 _was not maintained as required by Butte County Code: at the time the permit
was approved This. includes,.•but is not limited:to,...Section. 24-48:2 and :the list of
conditions of the use permit. Section 24:48:2 ,of the County. CCadeh in .:effect at the = irne
states: uA use permit.shall be deemed revoked if the use -for which'.the permit is granted
has ceased or has-been suspended for a period of twelve (12). consecutive months.° No
MRRC-2 Surface Mining Operations -Annual Reports, required :by: Public.Resources .Code
Section 2207, hake= been received by!Butte County orahe Department of (Conservation.
The SMARA annual: inspection reports (1982 — 2007, •utilizing :the current on -line -2007
MRRC-2 form) and various affidavits provided by your representatives do not conclusively
demonstrate continuous operation of the mine.
Within 30 days (Monday, January 21, 2008) you are required to demonstrate that you have
a valid permit, .reclamation plan and financial .assurance mechanism for this site. As noted
above, if violations extend beyond thirty days from this -notice, 'the County °will issue. an
Order under Butte County Code section 13-116. This will include scheduling a public
hearing before the Planning Commission to consider .the violation. Any activities .to.
stabilize or restore .the current operation as ordered 1by _a state (including .the Clean-up and
Abatement Order by the Central Valley 'Regional Water. Quality'Control Board) or- local
agency would not be considered a violation
Please contact Planning Division Manager Charles Thistlethwaite of this office at. (530)
538-5672 or Assistant Director, Pete Calarco at 538-21'67 :iif you have 'any 'questions
regarding this Notice of Violation.
Sincerely,
Tim Snellings
Director
2 192
Cc: Paul Marshall Department of Conservation, Office of Mine Reclamation
Philip Woodward, Central Valley Regional Water Quality Control Board
Jenny Marr, Department of Fish and Game
3 193
Butte County Department of Development Services
TIM SNELLINGS, DIRECTOR ( PETE CALARCO, ASSISTANT DIRECTOR
7 County Center Drive
Oroville, CA 95965
(530) 538-7601 Telephone
(530) 538-7785 Facsimile
www.buttecou nty.netldds
www.buttegeneralplan.net
ADMINISTRATION * BUILDING * PLANNING
ORDER OF BUTTE COUNTY DEPARTMENT OF PUBLIC WORKS AND
DEPARTMENT OF DEVELOPMENT SERVICES
REVISED ORDER TO COMPLY
TO PROVIDE:A REVISED MINING PERMIT, RECLAMATION PLAN AND FINANCIAL
ASSURANCE MECHANISM
IN THE MATTER OF
s•
NEW ERA MINE
i • RONALD AND BETTY LOGAN, OWNER
FLOYD LELAND OGLE AND FRANK NOLAND, NORTH CONTINENT LAND&
TIMBER INC., OPERATORS
4095 DRY CREEK ROAD
OROVILLE, CA
REVISED ORDER
PER -BUTTE .COUNTY .CODE SECTION 13-116(b)(1), YOU ARE HEREBY ORDERED to
provide to the Butte County Department of Development Services:
1) An application for an amended mining permit UP 81-135 reflecting current and proposed
mining activities.at the New Era Mine (APN 041-080-027);
2) A revised -Reclamation Plan for the amended Mining Use Permit; and
3) A financial assurance mechanism reflecting activities proposed in the revised Mining Use
Permit.
This REVISED ORDER is issued in response to your letter of February 5, 2008. This REVISED
ORDER rescinds and supersedes the ORDER of February 8, 2008.
The Notice of Violation sent to you on December 20, 2007 notified you.that the "cturent operation
exceeds the scope of UP 81-135 and, more importantly, UP 81-135 is no longer considered a valid
permit. It is our determination that the UP 81-135 has lapsed." (see attached Notice Of Violation)
Subsequently you have provided Butte County staff with information asserting that the New Era
Mine has continued to operate from 1982 through the present and that UP 81-135 has not lapsed due
to inactivity as defined by Butte County Code Sections 13-108, and 24-45.60.
194
The Department of Public .Works and. Department of Development Services reserves its
determination as to whether or not UP 81-135 has lapsed due to inactivity as defined above. You
are in violation of Butte County Code Chapter 13,. Article II, and the Surface Mining and
.,Reclamation Act (SMARA, Public Resources Code Section 2710 et. seq.). Specifically, and as
required by SMARA pursuant to PRC Section 2770 et sec., surface mining operations must be in
compliance with their approved mining permit; reclamation plan, and provide financial assurance
cost estimates in an adequate amount to ensure that funds are available to reclaim the lands affected
by surface mining activities. Per Butte County Code Section 13-113, UP 81-135 must be amended
for the following reasons:
1) Condition -21 of UP '81-135 states: "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 II." No such subsequent. review by the Planning commission was ever
held.
2) The scope of the current operation has substantially deviated, as defined by California Code
of Regulations (CCR) Title 14, Chapter 8, Article 1, Section 3502(d), from the operation
permitted by UP 81-135 and is.in violation of Butte County Code Section 13-113:
"Substantial deviations from the original plan shall not be undertaken until such
amendment has been filed with and approved .by the planning_ commission. The
planning commission shall set ,a public hearing regarding such amendments.in the
same manner as is provided for in section 13-107.
3) . The scope of the current operation has substantially deviated from the operation permitted
by UP 81-135 and is in violation of CCR Section 3502(d):
"An amended reclamation plan shall be approved by the lead agency prior to the
commencement of activities determined to be a substantial deviation from the
approved plan."
This is also a violation of SMARA Section 2777.
4) You are in violation of Butte County Code Section 13-106 and Public Resources
Code Section 2773.1 requiring adequate financial aim the site.
according to the reclamation plana
Additionally, you are in violation of Butte ounty Code Section 24-45.65 by whi h it is
unlawful to violate any of the terms or c nditions of a use permit.. The New E Mine
operation is in violation of the following UP A35 Conditions of Approval:
1) UP 81-135 Condition 8 states: "Improve Dry Creek Road from Messilla Valley
Road, at such time as mining traffic warrants, to reduce vehicle dust impacts and for
traffic safety purposes."
2) UP 81-135 Condition 9 states: "Erosion control measures are required:
• a. Stabilization of all graded areas.
b. Stabilization of the streambank in area of mining operation.
c. Proper development of drainage for open pit mine area.
d. Install culvert for any stream crossing of Dry Creek." 195
2
At the December 5; 2007 inspection of the New Era.Mine, a representative of the
Central Valley Regional Water Quality Control Board found stabilization
measures at the site to be inadequate. and subsequently issued Cleanup and
Abatement Order R5-2006-0731. You are therefore in violation of Condition
9(a) and 9(b).
3) - UP 81-135 Condition 21 states: "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 I1." Again, no such subsequent review by the Planning
Commission was ever held.
4) UP Condition 24 states: "Applicant must also comply with all other- applicable State
and local statutes,.ordinances and regulations." The`NewEra Inline has not complied
with the following applicable State and local statutes, ordinances and regulations:
o No annual inspections were conducted .at the, site during -the period
between 1993 and December 5, 2007,.as;required by Butte County Code
Section 13-112 and Section 2774(b) of the Public Resources Code.
o No MRRC-2 Surface Mining Operations Annual Reports were received
by the Department of Conservation or Butte County between the period of
1993 and 2007, as required by Butte County Code . Section .13-112 and
r Public Resources Code Section 2207.
• o During the period between 1993 and January 25; 2008, no annually
updated financial assurance for reclamation .was on file with Butte
County, as required by Butte .County Code Section 13-106 and Public
Resources Code Section 2773.1.
In order to comply with this Order you are required to.accomplish the following_ actions and
submit the following items by the indicated dates:
1. Sign . the "Statement of. Responsibility". form and return to _the Department of
Development Services within one week of:the effective date of.this Order.
.2. Submit and maintain an Interim Financial Assurance Mechanism in a form and
amount approved by Butte County and the California Department of Conservation
Office of Mine Reclamation within two weeks of the effective date of this Order.
3. Select consultant(s) and licensed professionals 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 the Department of. Development Services prion to your selection of a
consultant.
4. Submit a Butte County mining permit application and reclamation plan to amend UP
81-135, with the required application fee, within three months of the effective date of
this Order.
5. The owner and operator are ordered to* take all appropriate actions necessary to
obtain approval of a permit, a reclamation plan, and a financial assurance in
accordance with the attached compliance schedule
6. All unreimbursed costs incurred by Butte County in regards to this REVISED
ORDER must be fully compensated upon determination by the Planning
Commission. 196
Pursuant to Butte County Code 13-116(b)(2), this REVISED ORDER shall take effect once
you have. been provided a hearing before the Butte County Planning Commission
concerning these violations. THE TIME, DATE AND PLACE OF THE PLANNING
COMMISSION HEARING FOR THIS MATTER HAVE BEEN SET AT 9:00 A.M:, OR
SOON THEREAFTER, ON MARCH 13, 2008 AT 25 COUNTY CENTER DRIVE,
OROVILLE, CALIFORNIA. The Planning Commission may, in its discretion, .revoke. or
modify Use Permit 81-135. Pursuant to Butte County Code 13-116(b)(6), you have the right
to appeal the decision of the Planning Commission to the Board of Supervisors.
During the period between receipt of this REVISED ORDER and the determination by the
Planning Commission, you are authorized to continue mining operations at the New Era
Mine consistent with all conditions of UP 81-135.
Any activities to stabilize or restore the subject property as ordered by a state (including but
not limited to Cleanup and Abatement Order No. R5-2007-0731 from, the California
Regional Water Quality Control Board Central Valley Region) or local agency is not a
violation of this 'REVISED ORDER TO COMPLY_ The owner and operator shall comply
with all requirements of the Regional Water Quality Control Board's Cleanup and
Abatement Order- as determined by that agency.
You are advised that your failure to comply with this REVISED ORDER may subject you to
administrative. penalties of up to $5,000 per day for each violation, assessed from the
>.._• original date of noncompliance with Butte County Code 13'113 and SMARA.
Should you have questions concerning this REVISED ORDER or the hearing, please do not
hesitate to contact the Department of Development Services at:
Chris Thomas, Associate Planner
Butte County Department of Development Services .
.7 County Center Drive
Oroville, CA 95965
Dated this 1 Vh day of February. 2008:
Tim Snellings, Directo
Department of Development Services
Mike Crump,' Director
Public Works Department
Attachments: Compliance Schedule
December 20, 2007 Notice of Violation
CC: Douglas W Craig, Assistant Director, Office of Mine Reclamation
Cal ifornia -Department of Conservation
4
197
COMPLIANCE SCHEDULE - NEW ERA MINE
Deadline
Action
Within one week
Fully pay unreimbursed costs incurred by Butte County in regards to this Order.
of the effective
Applicant shall continue to pay all costs associated with this Order.
date of this Order
and ongoing as
necessary
Within one week
Sign Statement of Responsibility form and return to the Department of Development
of the effective
Services.
date of this Order
Within two weeks
Submit and maintain an adequate Interim Financial Assurance Mechanism to the
of the effective
Department of Development Services.
date of this Order
Within 5 weeks of
Select consultant(s) and licensed professionals experienced in the preparation of a
the effective date
mining permit and a reclamation plan within five weeks of the effective date of this
of this Order
Order. Your. consultants statements of qualifications must be forwarded and
approved;by Development Service prior to your selection of a consultant.
Within 6 weeks of
All applicable materials regarding the New Era mining operation delivered to
the effective date
Environmental Consultant with Request for Scope of Work/Budget. .
of this Order
Within 8 weeks of
Delivery of Consultants Scope of Work/Budget for County Review.
the effective date
of this Order
Within 12 weeks
Submit to Butte County Department of Development Services a complete mining
of the effective
permit application and reclamation plan to amend UP 81-135, with the required
date of this Order
application fee:
Within 4 months
County review and submittal of comments to Consultant.
of the effective
date of this Order
Within 8 months_
Environmental document submitted.
of the effective
date of this Order
Within 10 months
Public comment period for environmental document
of the effective
date of this Order
Within one year of
Planning Commission Environmental Document hearing (as required).
the effective date
of this Order
Within 14 months
Final Environmental document approved/published (as required)_
of the effective
date of this Order
Within 18 months
Planning Commission Hearing on Use Permit and Environmental Document.
the effective
Iof
date of this Order
Butte County Department of Development Services
TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR
7 County Center Drive
Oroville, CA 95965
(530) 538-7601 Telephone
(530) 538-7785 Facsimile
www.buttecou nty.net/dds
www.buttegeneralplan.net
December 20, 2007
Ronald Logan
4095 Dry Creek Road
Oroville, CA 95965
ADMINISTRATION " BUILDING * PLANNING
Certified Mail (7005 1820 0002 4189 2416)—
Return Receipt Requested
Lee Ogle
Frank Noland
North Continent Land &Timber. -Inc_
4950 Cohasset Road, Suite 10
�:._.. Chico, CA 95973
SUBJECT: Notice of Violation — Mining
4095 Dry Creek Road, Oroville
County Assessor's Parcel Number 041-080-027
(New Era -Mine)
Dear Mr. Logan-.-
This
ogan.
This letter serves as a notice of violation under Butte County'Code section 13=116(b)(1) of
Chapter 13, Article 11, Surface Mining and Reclamation that the mining activity at the above
referenced location is a violation of County Code and the state .Surface Mining and
Reclamation Act for not having. a valid permit, reclamation plan and financial assurance
mechanism. if the violation extends beyond thirty days, the County will issue an Order.
Any operator who violates or fails. to comply with an order shall be subject to an
administrative penalty up to $5,000 per day, assessed from the original date of
noncompliance under Butte County Code section 13-116(6)(3).
On December 5, 2007, in response to complaints received, ' the Planning and Code
Enforcement Divisions of the. Department of Development Services conducted an
inspection of the above property (referred to by owner/operator as the New Era Mine).
County staff observed approximately '12 acres ofdisturbed area, with cuts of 75 feet and
fills of 20 feet benched at approximately 20 foot intervals,*and approximately 100,000 cubic
is • yards of materials redistributed on the site, defined hereafter as the "current operation".
ELM
Butte County Code and the Surface Mining and Reclamation Act (SMARA) require, at a
minimum, three items be approved prior to commencing a mining operation: a permit, a
reclamation plan and a financial assurance mechanism. None of these items existforthe
current operation.
Your representatives, Frank Noland and Lee Ogle of the North Continent Land and
Timber, Inc., have asserted that the New Era Mine is currently permitted to operate under
Use Permit 81-135 (UP 81-135, conditionally -approved by the Planning Commission. on
June 12, 1982). The current operation exceeds the scope of UP 81-135 and, more
importantly, UP 81-135 is no longer considered a valid permit. It is our determination that
the UP 81-135 has lapsed.
Under the Butte County code in effect at the time of the approval of -UP 81-135; specifically
section 24-48:1,, uses granted under a use permit were required to be established within
one year, of approval.: There is no,evidence-oh :file,at•Butte County,Development:Services
that.verifles that the. use was established: with in°:a,period:of one year. The :use.:perniitted
by UP 81-135 was not -maintained as required by Butte County Code.atthe time the permit
was approved. 'This includes, .but is. not . limited to,. Section* 2448.2 and the list of
conditions oUthe use: -permit Section.24.48 2. of the County Code in effect at the time
states: " "A use permit: shall. be deemed revoked:if the use for.*hich:the>permit. is:granted
•has ceased or has been suspendedfor a period of twelve (12):co6secutive months." No
MRRC-2 Surface Mining Operations Annual Reports, required by Public Resources Code
Section .2207,:have •been received by Butte. County or the Department of Conservation.
The SMARA annual inspection reports (1982 — -2007, utilizing the current on-line 2007
MRRC-2 form) .and. various- affidavits provided.by your. representatives do not conclusively
demonstrate continuous operation of the mine.
Within 30 days (Monday, January 21, 2008)you are required to demonstrate that you"have
a valid permit, reclamation plan and financial assurance mechanism for this.site. As noted
above, if violations extend beyond thirty, days from this notice, the County will issue an
Order under Butte County Code' section :13-1-1.6. This will Lincludd scheduling -a :public
hearing before the Planning Commission -to consider the violation. Any activities Jo
stabilize or restore the current operation as ordered by a state (including the Clean-up and
Abatement Order by the Central Valley Regional Water Quality Control Board) or. local
agency would not be considered a .violation.
Please contact Planning Division Manager Charles Thistlethwaite of this office at (530)
538-5672 or Assistant Director, Pete Calarco at 538-2167 if you have any questions
regarding this Notice of Violation
;nd
allings
:.• Director
2 200
Cc: Paul Marshall Department of Conservation, Office of Mine Reclamation
Philip Woodward, Central Valley Regional Water Quality Control Board
Jenny Marr, Department of Fish and Game
J
Attachment LL