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HomeMy WebLinkAbout10-034' Resolution RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, SETTING ASIDE RESOLUTION OS-104, PARTIALLY GRANTING THE APPEALS OF RICHARD MEYERS, LUCY COOKS, AND THE RESIDENTS OF BUTTE VALLEY AND PARADISE, DENYING THE APPEAL OF NORTH CONTINENT LAND AND TIMBER, MAKING FINDINGS AND DETERMINATIONS CONCERNING THE ABANDONMENT OF MINING AND RECLAMATION PERMIT 81-135 AND THE RECENT MINING OPERATIONS, AND ISSUING A REVISED ORDER TO COMPLY FOR THE NEW ERA MINE Recitals WHEREAS, the New Era Mine is located an Assessor's Parcel No. 041-080-027 at 4095 Dry Creek Road, Oroville, California, is owned in part by Ronald and Betty Logan, and has been operated since 200' by North Continent Land & Timber, Tnc. ("North Continent"); and WHEREAS, Mining and Reclamation Permit 81-135 and its associated Reclamation Plan were approved for the New Era Mine, a placer gold mining operation, using cut and cover reclamation techniques, by the Butte County Planning Commission on May 20, 1982; and WHEREAS, on April 21, 2008 the Butte County Planning Commission adopted Resolution 08-24 and the Revised Order To Comply for the New Era Mine, Ronald and Betty Logan, and North Continent, requiring several items including a revised mining permit and reclamation plan; and WHEREAS, Resolution 08-24 was appealed by Dry Creek Road residents Richard Meyers and Lucy Cooke, a group known as the Residents of Butte Valley and Paradise, and North Continent; and WHEREAS, on August 5, 2008 the Board of Supervisors adopted Resolution 08- i 04, with orders denying the appeals of Richard Meyers, Lucy Cooke, and the Residents of Butte Valley and Paradise and granting the appeal afNorth Continent; and WHEREAS, North Continent provided on August 6, 2008: (1) a signed Statement of Responsibility; (2} an agreement in writing to provide a financial assurance mechanism for the amount of $267,411.36 for the New Era Mine; (3) a signed commitment for the payment to the Department of Development Services of $50,000 for the Department's incurred costs; and (4) a signed indemnification agreement; and WHEREAS, on September I2, 2008 the Dry Creek Coalition of Butte County and Butte Environmental Council timely filed a petition with the Butte County Superior Court for a writ of mandate compelling Butte County to set aside Resolution 08-104 and prohibiting further mining activities at the New Era Mine until the operation was brought into compliance with the California Environmental Quality Act and the Surface Mining and Reclamation Act; and WHEREAS, the Butte County Superior Court considered the Board of Supervisors' certified record of proceedings, the pleadings and other documents filed by the Parties, and the presentations by counsel during ahalf--day hearing on August 31, 2009; and WHEREAS, the Court issued an Amended Statement of Decision on November 2, 2009, a Final Judgment on December 10, 2009, and a Peremptory Writ of Mandate on December 15, 2009. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors reconsiders its action on August 5, 2008 and makes the following findings and determinations: Findings To explain and demonstrate its compliance with the court's Peremptory Writ of Mandate and to state the foundation and reasons for .this resolution, the Board of Supervisors adopts the following findings and conclusions ~in the court's November 2, 2009 Amended Statement~of Decision: A. Mr. Logan abandoned his 1982 mining operation because he ceased mining operations for more than one year and did not f le an interim management plan as required by SMARA. {Amended Stmt. Of Dec., p. 51, lines b-8.) B. The only allowable "mining" activity on a SMA.RA mining site following abandonment is reclamation. (Amended Stmt. Of Dec., p. 51, lines 8-9.) C. The required reclamation at 4095 Dry Creek Road was effectively completed by 2006, as demonstrated by the photograph in the County's record of proceedings which demonstrates no visible surface mining disturbance on the site. (Amended Stmt. Of Dec., p.51, lines 14-16.) D. The current mining operation is a new operation necessitating a new permit. (Amended Stmt. Of Dec., p.53, line 23.) E. North Continent's current operation is a new and different CEQA project that requires independent environmental review under CEQA as a matter of law. (Amended Stmt. Of Dec., p. 49, Iines 21-22.) 2 F. North Continent's 2007 commencement of a new and substantially different 12- acre mining operation at 4095 Dry Creek Road is not in compliance with CEQA's requirements regarding subsequent and supplemental environmental review. (Amended Stmt. Of Dec., p. 50, lines 3-6.} G. The new mining operation is a substantial expansion from the mining operation authorized by the 1982 Permit. (Amended Stmt. Of Dec., p. 54, lines 5-6.) H. North Continent's new operation "substantially deviates" from the 1982 permit and SMRP in bath scope and scale; and no revised reclamation plan (or corresponding environmental review} has been prepared or approved to address the expanded operations being conducted by North Continent. {Amended Stmt, Of Dec., p. S 1, lines 18-22.} Following these findings and conclusions, the Board of Supervisors adopts the following additional findings: I. The appeals of Richard Meyers, Lucy Cooke, and the Residents of Butte Valley and Paradise raise issues concerning the abandonment of the original mining operation, whether the current operation (commencing in 2007) required a new permit, whether additional environmental review was required, and whether the current operation complied with SMARA. J. The appeal of North Continent raises issues concerning the permitted scope and scale of mining operations. K. Adopting this resolution is an appropriate means to resolve these appeals. L. As the operator responsible for reclamation of the New Era Mine site, North Continent submitted a Statement of Responsibility to the Department of Development Services as required by Public Resources Code Section 2772(c)(10}. This statement is an independent legal requirement that will remain in effect after Resolution 08-104 is rescinded. M. As the operator responsible for the New Era Mine site, North Continent established a financial assurance mechanism of $267,411.36 approved by the Department of Development Services as required by Public Resources Code Section 2770{a}. This financial assurance mechanism is an independent legal requirement that will remain in effect after Resolution 08-104 is rescinded. N. North Continent paid Butte County $50,000 to compensate for the costs incurred by the Department of Development Services in processing the Notice of Violation and Order to Comply as required by Butte County Code Section 13-116{b}. This payment is an independent action that will remain in effect after Resolution 08- 104 is rescinded. O. North Continent agreed to indemnify Butte County against any lawsuit brought because of its actions in adopting Resolution 08-104 as is standard County practice for discretionary determinations made by the Board of Supervisors. This agreement is an independent contract that will remain in effect after Resolution OS-104 is rescinded. P. The operations conducted by North Continent at the New Era Mine during 2407 through 2010 have resulted in approximately 10 acres of disturbed land, denuded of vegetation and susceptible to erasion and illegal discharges of storm water to Dry Creek, without suitable maintenance or remediation. Determinations and Actions Based an the above findings, the record herein, and the Amended Statement of Decision, the Butte County Board of Supervisors: I. Sets aside Resolution 08-104. II. Determines that mining operations at the New Era Mine were abandoned in the 1990s and that Mining and Reclamation Permit 81-135 and the Reclamation Plan arena longer valid. III. Determines that, if North Continent wants to continue its mining operations, then anew Mining and Reclamation Perrnit, among other things, will be required. N. Grants the appeals of Richard Meyers, Lucy Cooke, and the Residents of Butte Valley and Paradise, to the extent that they raise issues addressed in this new resolution. V. Denies the appeal of North Continent. VI. Determines that the following independent agreements and commitments by North Continent remain in full force and effect: 1. The signed Statement of Responsibility dated August 5, 2008 for the reclamation of the New Era Mine; 2. The financial assurance mechanism for reclamation of $267,411.36; 3. The payment of $50,000 to the Department of Development Services for the Department's incurred costs in regards to the New Era Mine enforcement; and 4. The signed indemnification agreement dated July 29, 2008. 4 DULY PASSED AND ADOPTED this 23rd day of February, 2010, by the following vote: AYES: Supervisors Dolan, Kirk, Lambert, Yamaguchi, and Chair Connelly NOES: None ABSENT: None ABSTAIN': None ~~ Bill Connelly, Chair Board of Supervisors, County of Butte State of California ATTEST: Scott Tandy, Chief Administrative Officer and Clerk of the Board of Supervisors -1 ~~ Deputy