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HomeMy WebLinkAboutSierra Pacific Industries - 2 i ific Industries SIERRA PACIFIC 2849 Northgate Dr e Chico, California 95973 * (530) 345-0025 INDUSTRIES Growing Forests For Our Future February 24,2016 em OF supsw*ft Mr.Mike Crump,Director of Public Works W 7 9 9016 Butte County,Department of Public Works ftova,w,MFORM 7 County Center Drive Oroville, CA 95965 Re: Gates on County Rights of Way Dear Mr. Crump: The following is in reference to your letter dated January 27,2016 concerning Sierra Pacific Industries (SPI)gates on County Rights of Way. SPI has acknowledged installing gates at the listed locations.As requested by the Butte County Department of Public Works(Butte County),SPI will make plans to restore the unrestricted passage on Butte County controlled roads. The table below lists the two road segments. Road Number sorting Point Ending Point 'Total 37743 (Lumpkin Rd intersection with Plumas County Line 11.22 miles /Feather Falls) 27672 1 79475A(Head dam Intersection of 72433 Section 30,T25N R4E 4.8 miles /Powellton) These two roads and other Butte County roads have been a topic of discussion between Butte County, SPI,Central Valley Region Water Quality Board,United States Forest Service,previous owners and stakeholders for many years.SPI would like to take this opportunity to review the history of SPI gates and County Roads. I would like to focus on the two roads in question. SPI has in its files copies of the many letters and correspondence between the interested parties which document the concern that Butte County does not have the budgetary resources to properly maintain these native surface roads.The design and construction of these roads creates difficulty for county road crews to maintain these roads to a standard that will prevent resource related impacts. In Feather Falls,the Lumpkin Road(37743)has been a major source of sediment to Fall River and the Sucker Run Watershed.There was little or no evidence of Butte County maintaining the road.The road segment which accesses the Fall River Crossing has public safety concerns.For many years the public used the area near the river as a campground.There were many times when campers left unattended camp fires. Each weekend garbage,junk,refuse and rubbish was left in such quantities that SPI had to remove it at our own cost. Law enforcement was involved in investigating criminal activities at this location. The outlying location of this road made patrolling this area very difficult for law enforcement personnel. 0 e �vy I lii4� r Page 2 of 3 The Lumpkin road is unnecessary for present or future public use.The USPS chip seal road travels essentially the same route from the old town site of Feather Falls to Fall River Crossing.This county road is redundant Since Butte County did not have the time or money to address any of the problems associated with this road,SPI made the decision to gate the road and control the public abuse.SPI has recently started to mitigate road drainage problems and installing erosion control features on this road. The Head Dam Road[road 79475A],has had access controlled by a gate for years.Past public use of this road caused adverse impacts in the area.These impacts include illegal dumping,motor vehicle trespass on to SPI property,vandalism,poaching,marijuana cultivation,arson,road damage,erosion and sedimentation.Again,Butte County did not have the resources to address any of the problems associated with public use of this road.Since SPI has controlled access on this road,most of these problems have been mitigated. SPI has spent many thousands of dollars over the past years to improve the road with the installation of additional drainage features and the construction of needed bridges.This has been an ongoing expense. The road at one time accessed the many mining claims of the Inskip Mining District.This is no longer the case.The remaining few private landowners at the end of the Head Dam Road now have preferred and permitted access to their property using other SPI gated private roads. Since the mid 1990's,SPI and previous landowners proposed the option of Butte County vacating these roads.The thought was that SPI could better maintain the roads and mitigate the ongoing adverse impacts to the surrounding area. I believe the Head Dam Road,as it is currently managed by SPI,demonstrates this fact. SPI has one request and one proposal. Request: The April 15,2016 deadline is still during the period of wet spring weather.During normal weather patterns,native surface roads may still be saturated,and the potential for rutting and sediment transportation to local watercourse is high. SPI is requesting to schedule the opening of the above mentioned roads to June 15t.2016.This should prevent road surface damage and minimize the possible sediment movement into local watercourses. This will also give SPI the time to secure all SPI private roads behind those gates which now will be open to the public. Proposal: 942.5 Closing or restricting use of county highways;conditions The board of supervisors may restrict the use of,or close,any county highway whenever the board considers such closing or restriction of use necessary: (a)For the protection of the public. (h)For the protection ofsuch county highway from damage during storms. (c)During construction,improvement or maintenance operations thereon. No liability shall attach to the county,or to the board of supervisors,for the restriction of use,or closing, of any county highway far the above public purposes. This section does not constitute a change in, but is declaratory of, the pre-existing law. r Page 3 of 3 966.Highway gates. (a) The board of supervisors may provide far the erection and maintenance of gates on the county highways to avoid the necessity of building highway fences. The board may prescribe rules and regulations for closing such gates,and penalties for violating such rules and regulations. (b) The person,far whose immediate benefit the gates are erected or maintained,shall in all cases bear the expense of such erection and maintenance. SPI believes that Butte County is well within their legal rights to close or restrict use of county "highways".Butte County also can"provide for the erection and maintenance of gates". Our proposal is not to remove the gates,but just lock them open with a lock of the counties choosing. SPI would like to continue the dialog with Butte County about considering the possibility of wet weather winter closures and other restrictions of road use for the protection of the public. SPI believes that public trust concerns such as negative water quality impacts and public safety would fall under the protection of the public trust. It would be a waste of time and money to remove the existing gates before these issues are fully understood and before the appropriate State agencies have had the opportunity to re-review the roads in question.SPI believes the majority of the water quality impacts could be avoided with proper redesign,construction and maintenance of the roads.SPI will work with Butte County towards these goals. SPI would like to schedule a field trip this spring,where we can all look at the roads in question,and then start working towards a plan that will be mutually beneficial for all parties. If Butte County wishes to have copies of past correspondence about these native surface roads,I can make them available to your office. If you have any questions regarding this matter please contact me at 530-345-0025, Ex.2101. Sincerely, 'Pteve Roberts Sierra Pacific Industries Stirling District Manager cc Mr.Clint Snyder Central Valley Regional Water Quality Board Mn Bill Connelly District I Butte County Supervisor Mr.Doug Teeter,District 5 Butte County Supervisor