HomeMy WebLinkAbout2019 Annual Inspection Report_Little Chico Creek Mine_91-04-0030NOTICE OF COMPLETION OF INSPECTION*
Date of Notice: / /20
To:
California Department of Conservation
Division of Mine Reclamation
Attention: Reporting Unit
801 K Street, MS 09-06
Sacramento, California 95814
From:
_______________________________
(Name of Lead Agency)
_______________________________
(Lead Agency Address)
_______________________________
(Lead Agency Address)_______________________________
(Lead Agency Address)
Mine Name: __________________________CA Mine ID Number: 91--
This submittal serves as the Lead Agency notice of completion of the inspection to the
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VDivision of Mine Reclamation (DMR) as required by Public Resources
Code (PRC) section 2774(b)(1) for the above referenced surface mining operation. A completed copy
of the Surface Mine Inspection Report (Inspection Report) form MRRC-1 and any other reports or
documents prepared by others in support of this inspection are attached for record keeping at DMR.
(I) Date the annual inspection was conducted:_ //20
(PRC section 2207(a)(8) and PRC section 2774(c))
(II) Upon completion of theinspection, the Lead Agency has determined this surface mining
operation to be:
☐Compliant with the Surface Mining and Reclamation Act.
☐Not Compliant with the Surface Mining and Reclamation Act.
(PRC section 2774(b)(1))
(III) Upon completion of the inspection, were aspects of this surfacing mining operation found by
the Lead Agency to be inconsistent with the Surface Mining and Reclamation Act?
܆ No.Please check “Not Applicable” for box (IV), (V) and (VI), and complete remainder of form.
☐Yes. Please complete box (IV), (V) and (VI), as appropriate, and complete remainder of form.
(PRC section 2774(b)(1)(A)-(C))
___________________________________________________________________________
* This form paraphrases portions of the Surface Mining and Reclamation Act that address the content
requirements for the notice of completion of inspection. Lead Agency use of this form is not required and
is provided by DMR as a convenient template. DMR recommends that the Lead Agency review the full
text of the Surface Mining and Reclamation Act and associated regulations and guidelines for
requirements ofFRQGXFWLQJDQ inspection and the notice of completion of inspection.
12 31 19
Butte County
7 County Center Drive
Oroville, CA 95965
Little Chico Creek Mine 04 0030
2019
12 3 19
//20
CA Mine ID Number: 91--
Page 2 of 4
(IV) The following aspects of this surface mining operation were found by the Lead Agency to
EHinconsistent with the Surface Mining and Reclamation Act and were
corrected before submission of the Inspection Report to '05:
܆ Not Applicable
(PRC section 2774(b)(1)(A))
(V) The following aspects of this surface mining operation were found by the Lead Agency to be
inconsistent with the Surface Mining and Reclamation Act and were not
corrected before submission of the Inspection Report to '05:
(Box (V) must be completed if aspects remain that were not corrected prior to submission of the Inspection Report.)☐Not Applicable
(PRC section 2774(b)(1)(B))
(VI) The following statement describes the Lead Agency’s intended response to any aspects of
(Box (VI)must be completed if aspects remain that were not corrected prior to submission of the Inspection Report.)
☐Not Applicable
(PRC section 2774(b)(1)(C))
(VII) Does this surface mining operation have a review of its reclamation plan, financial assurances, or
interim management plan pending before the Lead Agency under PRC section 2770(b) or (h)?
☐Yes ☐No
(PRC section 2774(b)(2))
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12 31 19
04 0030
//20
CA Mine ID Number: 91--
Page 3 of 4
(VIII) Does this surface mining operation have an appeal of its reclamation plan, financial assurances,
or interim management plan pending before the State Mining and Geology Board or the Lead
Agency governing body under PRC section 2770(e) or (h)?
☐Yes ☐No
(PRC section 2774(b)(2))
Public Resources Code section 2774(b):
(1)The lead agency shall cause surface mining operations to be inspected in intervals of no more
than 12 months, solely to determine whether the surface mining operation is in compliance
with this chapter. The lead agency shall cause an inspection to be conducted by a state-
licensed geologist, state-licensed civil engineer, state-licensed landscape architect, state-
licensed forester, or a qualified lead agency employee who has not been employed by the
surface mining operation being inspected in any capacity during the previous 12 months,
except that a qualified lead agency employee may inspect surface mining operations
conducted by the local agency. All inspections shall be conducted using a form developed by
the department and approved by the board that includes the professional licensing and
disciplinary information of the person who conducted the inspection. The operator shall be
solely responsible for the reasonable cost of the inspection. The lead agency shall provide a
notice of completion of inspection to the director within 90 days of conducting the inspection.
The notice shall contain a statement regarding the surface mining operation’s compliance with
this chapter and a copy of the completed inspection form, and shall specify, as applicable, all
of the following:
(A)Aspects of the surface mining operation, if any, that were found to be inconsistent with this
chapter but were corrected before the submission of the inspection form to the director.
(B) Aspects of the surface mining operation, if any, that were found to be inconsistent with this
chapter but were not corrected before the submission of the inspection form to the director.
(C)A statement describing the lead agency’s intended response to any aspects of the surface
mining operation found to be inconsistent with this chapter but were not corrected before
the submission of the inspection form to the director.
(2)If the surface mining operation has a review of its reclamation plan, financial assurances, or an
interim management plan pending under subdivision (b) or (h) of Section 2770, or an appeal
pending before the board or lead agency governing body under subdivision (e) or (h) of
Section 2770, the notice shall so indicate. The lead agency shall forward to the operator a
copy of the notice, a copy of the completed inspection form, and any supporting
documentation, including, but not limited to, any inspection report prepared by the geologist,
civil engineer, landscape architect, forester, or qualified lead agency employee who conducted
the inspection.
(IX) Lead Agency Representative Signature:
Signature: _______________________________
Name: __________________________________
(please print)Title: ___________________________________
PRC section 2774(b)(1))
(X)cc: ______________________________________
(Surface Mine Operator)(PRC section 2774(b)(2))
12 31 19
04 0030
Rowland Hickel
Rowland Hickel
Senior Planner
Tim Deveraux
//20
CA Mine ID Number: 91--
Page 4 of 4
Attachments:
x Inspection Report
x Supporting documentVLQFOXGHG<HV1R
12 31 19
04 0030
2019
Little Chico Creek Mine (CA Mine ID# 91-04-0030)
2019 SMARA Mine Inspection Report
Prepared by:
Butte County Development Services Department
7 County Center Drive
Oroville, California 95965
December 3, 2019
1
2019 SMARA Mine Inspection
Little Chico Creek Mine
CA ID# 91-04-0030
Butte County, California
TABLE OF CONTENTS
Description Page #
1.0 Mine Description 2
2.0 Reclamation Objective 2
3.0 Observations 10
4.0 Reclamation Area 10
5.0 Financial Assurance 10
6.0 Corrective Measures 10
List of Figures
Figure 1 Site Location Map
Figure 2 Mining Plan
Figure 3 Typical Cross Sections
Figure 4 Reclamation and Revegetation Plan
List of Attachments
Attachment A 2019 MRRC-1 Surface Mining Inspection Report
Attachment B October 18, 2019 Zoning Administrator Approval – Request for
Determination RFD19-0009
Attachment C Resolution Approving MIN18-0002 / Mining Permit MIN18-0001
Attachment D 2019-2020 Financial Assurance Cost Estimate & Lead Agency Certification
Letter
2
1.0 MINE DESCRIPTION
The Little Chico Creek Mine is a hard-rock (basalt) surface mine that has been in operation since 2004.
The mine is located approximately 3.5 miles due east of the City of Chico, California, within Section 11 of
T22N, R2E (Paradise West 7.5 minute USGS Topographic Quadrangle), M.D.B.M (see Figure 1). The mine
encompasses a 5-acre quarry area with an additional 3.3 acres to accommodate roads, equipment
storage, and stockpiling of topsoil and overburden. The existing mining permit and reclamation plan
allows for the annual extraction, processing and export of between 5,000 to 50,000 cubic yards of
materials, with a total estimated removal of 261,000 cubic yards. Mine operations utilizes a side-hill
extraction method, excavating minerals from the west side of the quarry (the low point of the permitted
mine area) to the east side of the quarry. Mining consists of the initial removal of topsoil and subsoils,
which are stockpiled in a designated area and used for reclamation of the site. The exposed basalt is then
fractured, either by ripping or by drilling and blasting. Broken rock is extracted with a front-end loader
and deposited into a portable crusher and/or screens that are stationed within the pit. Following
processing, the materials are sorted and stockpiled until it is exported from the site by dump trucks via
Canyon Shadows Road to Humboldt Road, and then to State Highway 32. Water used for dust suppression
on the unpaved section of road and during processing is provided by an on-site spring, or delivered to the
site by a water truck. No water is pumped from Little Chico Creek or from wells.
An amendment to the mining permit and reclamation plan (MIN18-0002) was approved by the Butte
County Planning Commission on February 14, 2019. The amendment enlarged the permitted mining area
from 8.3 acres to 12.1, resulting in the extraction, processing and export of an additional 458,000 cubic
yards of aggregates, and extending the estimated life of the mine to January 1, 2043.
2.0 RECLAMATION OBJECTIVE
Mining operations at Little Chico Creek Quarry are not phased, requiring the reclamation plan to be
implemented at the conclusion of all excavation and processing activities. Reclamation typically includes
several components: topsoil and overburden storage while mining occurs, recontouring to stable grades
when mining is complete, preparation of the recontoured land for revegetation (ripping compacted soil,
spreading of banked topsoil), revegetation according to a planting plan and, finally, monitoring for
reclamation success. Upon completion of the mining activities, the mine will be reclaimed into agricultural
grazing lands within three years after the available reserves have been exhausted.
1. General Information
a) Permitted Mineral Product(s): Aggregate
b) Production Amount (Annual/Gross): 5,000-50,000 cu. yards/annual
458,000 cu. yards/gross
c) End Date of Operations: January 1, 2043
d) Permit End Date: N/A
e) End Use: Dryland Grazing
2. Boundaries
a) Property Boundary: ~320 acres
b) Permit Boundary: ~12.1 acres
c) Reclamation Plan Boundary: ~12.1 acres
d) Setbacks: N/A
3
3. Grading
Excavation will result in a quarry pit with a floor sloped at 1 percent towards the sediment pond,
surrounded by a vertical face ranging from a height of 10 feet, on the western quarry side, to
approximately 70 feet, on the eastern quarry side. A 10 foot wide debris bench will be placed around the
quarry face at mid-height above the finished grade of the pit floor. Intermediate quarry slopes above and
below the bench are near 1.3:1 with the overall slope angle of 1.5:1 (as measured from the top edge of
the highway to the tow of the slope on the pit floor).
4. Erosion Control
The site operates under a Storm Water Pollution Prevention Plan (SWPPP) for industrial stormwater to
comply with the General Industrial Stormwater permit. The operator shall comply with the provisions of
the SWPPP. After cessation of industrial operations, the operator shall prepare a plan to identify and
evaluate sources of pollutants associated with reclamation activities that may affect the quality of storm
water discharges and authorized non-storm water discharges from the facility. Once identified, the plan
shall identify and implement site-specific best management practices (BMPs) to reduce or prevent
pollutants associated with reclamation activities. The erosion control plan will be kept by the foreman at
the quarry site.
5. Ponds
The sediment pond will be excavated on the mine floor in the northwest corner of the extraction area,
adjacent to the entrance on Canyon Shadows Road. The pond will be oval shaped, 140’ long by 60’ wide
and 8’ deep, and will be designed to accommodate in excess of the 1 hour, 20-year storm event. The pond
will be retained after mining activities to be used as a stock pond.
6. Sensitive Wildlife & Plant Protection
No rare, threatened or endangered species, as listed by the California Department of Fish and Wildlife or
the U.S. Fish and Wildlife Service, or Species of Special Concern, were identified on the site.
7. Soil/Overburden Stockpile Management
Salvageable topsoil will be used for re-soiling. The topsoil will be stored separate from the other salvaged
material. Signs will be placed to differentiate the topsoil stockpiles from the overburden. The volume of
topsoil to be stored will be approximately 2800 cubic yards.
During resoiling, compacted surfaces including former stockpile areas will be ripped, then overburden or
fines will be laid down and finally the topsoil material placed. Topsoil replacement will be centered on
those areas where the topography will allow for maximum revegetate success. This is necessary due to
the scant topsoil available at the site. Since the original site conditions included both areas of soil and bare
rock, this practice will restore the site to a condition similar to the pre-mining condition. The reclaimed
quarry walls will not be resoiled.
The finished grade on the reclaimed land will vary based on the depth of top soil and overburden / fines
replaced. In no instance will the resoiling be allowed to create depressions or impoundments that will
hold water, except where such impoundments are proposed.
8. Revegetation
Re-seeding of the reclamation area will be conducted in fall prior to the first significant rain event of the
season. The methods used for re-seeding can include broadcast seeding, hydroseeding, or any other
method deemed appropriate for the specific site conditions. The site shall be reseeded with the following
species:
4
• Three Weeks Fescue @ 15 lbs. / acre
• Bland Brome @ 12 lbs. / acre
• Rose clover @ 5 lbs. / acre
• Sky Lupine @ 5 lbs. / acre
• Tidy Tips @ 3 lbs. / acre
• Bird’s Eyes @ 3 lbs. / acre
Tree Replanting
A total of 75 oak trees will be impacted by the operation, which will require that a total of 150 blue oaks
(Quercus douglasii) will be replanted at the mandated 2:1 ratio. However, the site will likely not be able
to sustain this density of trees and the success rates will likely be very low, probably no more than 5% (1.5
trees per acre).
Plant Richness Plant Density Percent Cover
6 species present n/a 60% where soil is placed
1 tree specie 1.5 trees/acre average n/a
Note: Natural regeneration of native grasses and trees counts towards density of plants on site.
To ensure that trees are properly planted, revegetation shall be overseen by either a Registered Professional
Forester, Certified Biologist or similarly qualified individual approved by the Lead Agency. Prior to planting,
the qualified professional will prepare and submit a planting plan to the Lead Agency detailing the techniques
and methodology to be employed.
Test Plots
A test plot will be established at the east end of the mine site. The plot will be at least 30’ x 30’ and will
be fenced to prevent disturbance. The test plot site will be constructed as follows:
1. The plot site will be treated with a herbicide to eliminate existing surface growth.
2. Three inches of crusher fines will be placed, followed by three inches of salvaged topsoil.
3. Seed will be broadcast per the prescribed planting mixture.
4. Three acorns gathered from local trees will be planted within each tree replacement hold.
After 2 years without intervention, the plot will be assessed to determine vegetative success of the
planting prescription. If the plot meets the criteria for success as specified below (60% or greater cover in
two years with no fertilizer or irrigation, one oak growing within the plot, species richness of 7 plants) the
existing plan will be employed at the cessation of mining as an acceptable means of reclamation. If after
the allotted time the plot has not met the criteria, the operator will propose to Butte County alternatives
for meeting the revegetation goals, including alternative plant species and the possible importation of
additional topsoil or subsoil material. Use of the test plot will be ended once the success of the plantings
is confirmed.
Post-Reclamation Monitoring
Vegetative success will be monitored for two consecutive years, or until success standards are met,
without human intervention following the completion of reclamation. The vegetative success monitoring
will be conducted during the growing season (i.e. spring or early summer) of each monitoring year. Tree
planting success will be monitored using the as-built plans to record and track the survival of the oak
plantings. Natural seedling recruitment within the reclamation area will also be recorded. The percent
cover and plant richness of the seeded areas will be monitored using the same transect and plot method
used to gather the 2018 baseline vegetation data.
5
Should the success of revegetation not seem attainable after two years of monitoring, the operator has
the option of submitting an alternative vegetative planting program to the Butte County Planning
Department. The alternative vegetative planting program will give the results of vegetation monitoring,
identify where the success criteria has and has not been achieved, and present an alternative vegetation
planting prescription and performance standard. The performance standard will address species richness,
density, and cover as applicable to each revegetation area.
Invasive Species Control
Noxious weeds will be managed: (1) when they threaten the success of the proposed revegetation; (2) to
prevent spreading to nearby areas; and (3) to eliminate fire hazard. The specific criteria for determining
when weed abatement will be implemented are as follows:
1. An average of no more than 37% of the reclamation area shall be covered in noxious weed species.
2. Areas of noxious weeds of more than 55 square feet in area, where weed cover is more than 50%
will be treated.
To achieve these goals the operator agrees to implement the following measures to control the growth
of noxious weeds:
1. Organic erosion control materials shall be certified weed free, whenever possible.
2. Seed used for reclamation and revegetation shall be at least 98.5% weed free.
3. Piles of salvaged topsoil or overburden will be reseeded as soon as possible after pile creation to
help prevent establishment of weed species.
9. Structure/Equipment Removal
All machinery, equipment, vehicles trash and debris will be removed from the site. All aggregate
stockpiles and oversized rock will either be transported off-site or used as needed for final erosion control.
6
Figure 1 – Site Location Map
7
Figure 2 – Mining Plan
8
Figure 3 – Typical Cross Sections
9
Figure 4 – Reclamation and Revegetation Plan
10
3.0 OBSERVATIONS
• The mine site was inactive during inspection and closed down for winter. Erosion control measures
were installed throughout the site. Operations had occurred during the past year.
• An amendment to the mining permit and reclamation plan (MIN18-0002) was approved by the County
on February 14, 2019. The reclamation plan expanded the permitted mining area from 8.3 to 12.1
acres.
• The top soil stockpile remains stable and in the same location as previous years. Under the new
reclamation plan (MIN18-0002), the stockpile will be relocated to the pit floor to facilitate the mining
expansion to the east.
• Miscellaneous equipment parts are stored off the side of the haul road into the mine area. The
amount of parts appear to be similar to the amount as observed in previous inspections. The majority
of parts appear to have further use.
• Portable restrooms are located at the mine site, per Condition No. 31.
• No evidence of slope stability issues were identified at the mine site. Quarry walls and stockpiled
materials appear to be stable throughout the site.
• The test plot procedures identified in the reclamation plan has not been implemented at this time. It
is advised that the operator begin implementation of the test plot procedures.
• Additional conditions of approval need to be completed under the terms of the use permit including
recording of a Notice of Reclamation Plan Approval (Condition No. 27) and posting of the mine’s
address or mine name at the entrance of the site, off Humboldt Road (Condition No. 34).
• On October 18, 2019, the County’s Director of Development Services made a determination on the
interpretation of Mitigation Measure No. 9, regarding the use of Canyon Shadows Road, east from
the mine area, to deliver products to residents within the Buzztail Community Services District. The
determination is included as Attachment B.
4.0 RECLAMATION AREA
No reclamation of the site has begun.
5.0 FINANCIAL ASSURANCE
Butte County has certified the Financial Assurance Cost Estimate (Attachment D) filed with County on
December 12, 2019. The estimate has been certified and forwarded to the Division of Mine Reclamation
on December 31, 2019. The total reclamation amount is estimated at $40,366.81.
The County currently has a surety bond (No. 929462860) posted for the financial assurance. The financial
assurance amount is $41,305. The financial assurance mechanism was approved by the County on January
7, 2016, which covers the current reclamation estimate for the mine site.
6.0 VIOLATIONS/CORRECTIVE MEASURES
1. (Corrective Measure) Erosion Control Measures. Perform additional erosion control best
management practices near the seasonal drainage channel located at the mine site to reduce the
discharge of sediments into the drainage channel.
2. (Corrective Measure) Test Plot. Establish a test plot in accordance with the reclamation plan
(MIN18-0002). The test plot will be at least 30’ x 30’ and fenced to prevent disturbances.
11
3. (Corrective Measure) Notice of Reclamation Plan Approval. Pursuant to Condition No. 27 of
MIN18-0001, the property owner shall record a Notice of Reclamation Plan Approval with the
County recorder, pursuant to Public Resources Code Section 2772.7. A recording document was
prepared and sent to the property owner and the operator. However, no record of the document
having been recorded was sent to the County to verify compliance.
4. (Corrective Measure) Address Posting. Pursuant to Condition No. 34 of MIN18-0001, the property
address or the name of the mine shall be clearly displayed at the entrance of the property, and
visible from Humboldt Road. The minimum size of the address is 4 inches in height with a ½ inch
stroke.
State of California
DEPARTMENT OF CONSERVATION
OFFICE OF MINE RECLAMATION
MRRC-1 (4/97) Page 1 of 5 (Rev. 07/13)
SURFACE MINING INSPECTION REPORT
(See reverse side of each form page for completion instructions)
I. Mine Name (As Shown on Approved Reclamation Plan)Inspection Date:CA MINE ID#
91-
II. Mine Operator Telephone
( )
Onsite Contact Person Telephone
( )
Mailing Address
City State ZIP Code
E-mail Address (optional)
III. Designated Agent Telephone
( )
Mailing Address
City State ZIP Code
E-mail Address (optional)
IV. SMARA Lead Agency Name (City, County, BCDC, or SMGB)
Inspector Telephone
( )
Title Organization
Mailing Address
City State ZIP Code
E-mail Address (optional)
V. Does the operation have:P NR No Yes
A Permit to Mine Permit # - Start and Expiration Dates
Vested Right to Mine Year of Lead Agency determination
A Reclamation Plan RP# Date Approved
Reclamation Plan Amendment RP Amendment # (as applies) Date Approved or Status of Amendment
Has the Operator filed a Mining Operation Annual Report (Form MRRC-2) this Year?
Check One:Yes No Year of Most Recent Filed
Annual Report:
VI. Is this Operation on Federal Land? Check One:If "Yes,”Provide One or Both of the Federal Mine Land Identification Numbers Below:Yes No
California Mining Claim Number (CAMC#):Latitude/Longitude at Mine Entrance (Decimal Degrees):
U.S. Forest Service or BLM Identification Number (Plan of Operations #) :Status of Plan of Operations (Current/Expired/In Process):
DISTRIBUTION: Lead Agency sends copies of Inspection notice & completed MRRC-1 to operator, operator’s designated agent, BLM or USFS (if required) & retains original.
Little Chico Creek December 3, 2019 04-0030
Franklin Construction, Inc.530 343-9600
Tim Deveraux 530 343-9600
217 Flume Street, Suite 200
Chico California 95928
tim@franklinconstruction.com
Tim Deveraux 530 343-9600
217 Flume Street, Suite 200
Chico California 95928
tim@franklinconstruction.com
Butte County
Rowland Hickel 530 552-3684
Senior Planner Department of Development Services
7 County Center Drive
Oroville California 95965
rhickel@buttecounty.net
MIN 99-02 - N/A
December 11, 2001
MIN 99-02 December 11, 2001
MIN18-0002 February 14, 2019
✔2018
✔
N/A 39.760536 / -121.735235
N/A N/A
INSTRUCTIONS FOR COMPLETING SURFACE MINING INSPECTION REPORT
Form MRRC-1 (4/97) Page 1 (Rev. 07/13)
This report is intended to comply with the requirements of California’s Surface Mining and Reclamation Act (SMARA – Public Resources Code Sections §§
2710 et seq., and the associated California Code of Regulations found in Title 14, division 2, beginning at § 3500, hereinafter respectively “PRC” or “CCR”) and
specifically PRC § 2774(b) and CCR § 3504.5 for operations located on private land and/or partly or solely on Bureau of Land Management (BLM) and U.S.
Forest Service (USFS) lands (Title 43, parts 3500, 3600, and 3800 of the Code of Federal Regulations). A Memorandum of Understanding between the U.S.
Department of Interior, BLM; U.S. Department of Agriculture, USFS; the State of California, Department of Conservation; and the State Mining and Geology
Board (SMGB), discusses implementation of SMARA on Federal lands in California that are under the jurisdiction of the BLM and/or the USFS.
As required by PRC § 2774(b) and CCR § 3504.5(g), Lead Agencies shall file an Inspection Notice that includes a statement regarding compliance with
SMARA, a copy of this Surface Mining Inspection Report (MRRC-1) and any other supporting documentation with the Department within 30 days of completion
of the inspection. The Lead Agency shall also forward a copy of the Inspection Notice, MRRC-1, and any supporting documentation to the operator.
BLOCK I: Enter the name of the Mining Operation, the date of the inspection, and the California Mine ID number.
BLOCK II: Enter the name of the Mine Operator, mailing address, phone number, name, and email address (optional) of the person to serve as the
onsite contact.
BLOCK III: Enter the name, mailing address, phone number, and email (optional) of the Designated Agent who, under PRC § 2772(c)(1) and
2207(a)(1), will serve as a contact for any follow-up correspondence or discussions regarding the inspection or noted violations.
BLOCK IV: For "Lead Agency," enter the name of the certified SMARA Lead Agency that is conducting this inspection. Acceptable entries include the
name of the city, county, Bay Conservation and Development Commission (BCDC), or State Mining and Geology Board (SMGB). For
"Organization," enter the name of the agency, firm or other organization that employs the inspector.
BLOCK V:Check the appropriate boxes.
P
NR, No, Yes
Pending (on appeal or awaiting approval by Lead Agency)
Not required for this operation at the time this inspection was completed
No
Yes, supply information
Note: Where appropriate, to aid in determining when the lead agency recognized that the operation has vested mining rights, inspectors
are advised to review older agency correspondence, minutes of lead agency hearings, including agendas and staff reports associated
with approvals of any kind related to the mining operation.
BLOCK VI: Indicate if the operation is on federal Land; if operation is on federal land, include a California Mining Claim Number and/or a BLM/USFS
Identification Number and Plan of Operations Number, if applicable. Give the status of the BLM/USFS Plan of Operations, as indicated.
Give the latitude and longitude at the mine entrance in decimal degrees.
___________________________________________________________________________________________________________________________________________
DISTRIBUTION INSTRUCTIONS:
One copy of the inspection notice and this completed Inspection Report (all pages) shall be given to the Mine Operator and the
operator’s designated agent by the lead agency (PRC Section 7374(b).
The Lead Agency must retain the original copy of this Inspection Report and submit one copy of this Inspection Report, along
with an original inspection report notice (PRC Subsection 2774(b)), within 30-days of the completion of the inspection, to:
Department of Conservation Office of Mine Reclamation 801 K St MS 09-06 Sacramento, CA 95814-3529
If any part of the operation inspected is on BLM or USFS land, one copy of this Inspection Report should be forwarded to the
appropriate BLM or USFS office.
State of California
DEPARTMENT OF CONSERVATION
OFFICE OF MINE RECLAMATION
MRRC-1 (4/97) Page 2 of 5 (Rev. 07/13)
SURFACE MINING INSPECTION REPORT
VII. Financial Assurance
Inspection Date:CA MINE ID#:
91-
Type of Financial
Assurance Mechanism(s)
Financial Assurance Mechanism Number(s)Amount of Mechanism Date of Expiration Date of Lead Agency
Approval of
Mechanism
Total Amount of Mechanism(s)
Financial Assurance Mechanism Pending Review by Lead Agency? If yes, provide date submitted/explanation and amount of pending mechanism:
Has there been a change of operator
since last inspection? If yes provide the date
of notice.
Yes No
Date of Change:
If yes, has the new operator posted a Financial Assurance Mechanism?
Yes No
If not, describe status of new operators Financial Assurance Mechanism:
Does new operator’s
Notice of Change include
a statement of responsibility
for reclamation?
Yes No
Date and Amount of Most Recent Approved
Financial Assurance Cost Estimate:
Date: Amount:
Financial Assurance Cost Estimate
Pending Review with Lead Agency? Date Submitted/Explanation/Amount of pending estimate:
Financial Assurance Cost Estimate
Appealed by Operator?
Date Submitted to State Mining and Geology Board or Lead Agency for Appeal/Explanation:
Other?
DISTRIBUTION: Lead Agency sends copies of Inspection notice & completed MRRC-1 to operator, operator’s designated agent, BLM or USFS (if required) & retains original.
December 3, 2019 04-0030
Bond #929 462 860 $41,305.00 Continuous Jan. 7, 2016
$41,305.00
✔
December 6, 2018 41,202.50
December 31, 2019 / $40,366.81
N/A
INSTRUCTIONS FOR COMPLETING SURFACE MINING INSPECTION REPORT
Form MRRC-1 (4/97) Page 2 (Rev. 07/13)
BLOCK VII: Type of Financial Assurance Mechanism(s): Fill in the type of mechanism(s) that are on file. PRC § 3803 and SMGB Financial
Assurance Guideline number 10 describe Surety Bonds, Trust Funds, or Irrevocable Letters of Credit as acceptable financial assurance
mechanisms for non-governmental entity operators. For surface mining operations owned and operated by state and local government
entities, Surety Bonds, Trust Funds, Irrevocable Letters of Credit, Pledges of Revenue, and Budget Set Aside are acceptable financial
assurance mechanisms.
State the Financial Assurance Mechanism(s) document number(s). State the dollar amount of each Financial Assurance Mechanism(s)
currently on file. State the date of expiration of the Financial Assurance Mechanism(s) currently on file. State the date of approval for the
most recent lead agency approved Financial Assurance Mechanism(s) on file. State the total dollar amount of mechanisms held for
reclamation.
Indicate if any Financial Assurance Mechanisms are pending review by the lead agency and the date and amount of submittal to the lead
agency.
Indicate if there has been a change of operator of record since the last inspection and, if so, note the date the change occurred and
whether the new operator has signed any document acknowledging reclamation responsibility under the approved reclamation plan and
if the new operator has posted a Financial Assurance Mechanism. If a replacement Financial Assurance Mechanism has not been
posted, indicate the status of the new operator’s replacement Financial Assurance Mechanism.Per PRC § 2773.1(c) and Guideline
number 19 of the SMGB’s Financial Assurance Guidelines, when operatorship is transferred, “the original financial assurance must
remain in effect until the lead agency has approved, following department review, the replacement assurances provided by the
successor operator.”
The Financial Assurance amount must be adjusted and approved annually to account for new lands disturbed by surface mining
operations and lands to be disturbed in coming year, inflation, and reclamation of lands accomplished in accordance with the approved
Reclamation Plan (PRC § 2773.1(a)(3) and SMGB Financial Assurance Guideline #16). In order to determine what adjustments, if any,
are appropriate to the Financial Assurance Mechanism amount, each mine operator must submit annually a revision of the written
Financial Assurance Cost Estimate to the Lead Agency (PRC § 3804(c)).Provide the date of the operator’s most recent revision of the
Financial Assurance Cost Estimate to the Lead Agency and where appropriate, provide a status of the pending Financial Assurance Cost
Estimate. Provide the date and amount of the most recently approved Financial Assurance Cost Estimate.
Also indicate if the Financial Assurance Cost Estimate is under appeal to the lead agency or whether it has been appealed to State Mining
and Geology Board as described in PRC § 2770(e).
Use the Financial Assurance “Other” and “Explanation” blocks to provide any other pertinent information regarding the status of
Financial Assurance(s). If the operation does not have a sufficient Financial Assurance Cost Estimate and/or Financial Assurance
Mechanism, explain in detail.
State of California
DEPARTMENT OF CONSERVATION
OFFICE OF MINE RECLAMATION
MRRC-1 (4/97) Page 3 of 5 (Rev. 07/13)
SURFACE MINING INSPECTION REPORT
VIII. Non-SMARA facility operations conditions solely of local concern (e.g. hours of operation) do
not need to be noted here. See Instructions for Block VIII on reverse side of page.
[Use separate sheet(s) where necessary. Refer to item numbers below]
CA MINE ID #
91-
Potential Reclamation Plan
Requirements:
List Reclamation Plan Requirements
(Recommended to be filled out prior to field inspection)
Note Site Conditions and Compliance Issues
(Note additional comments on Page 5 as necessary)
VN?
1) General Information
a) Permitted Mineral Product(s)
b) Approved Production Amount
(Annual/Gross)
c) End Date of Operations Per RP
d) Permit end date
e) End Use
2) Boundaries
a) Property Boundary
b) Permit Boundary
c) Rec. Plan Boundary (RPB)
d) Setbacks
3) Slopes –Grading
a) Fill Slopes –Note Condition of:
i) Slopes –Working (max/current)
ii) Slopes –Reclaimed
iii) Compaction
b) Cut Slopes –Note Condition of:
i) Slopes –Working (max./current)
ii) Slopes –Reclaimed
4) Erosion Control
a) BMPs
b) Grading
c) Vegetation
5) Ponds
a) Design –Function
b) Capacity (area/depth/volume)
c) Maintenance
6) Stream & Wetland Protection
a) Buffers (distance to channel)
b) Berms (distance/length/height)
c) Best Management Practices
d) Drainage
e) Grading & Slopes
f) Stockpiles
g) Stream Diversions
7) Sensitive Wildlife & Plant Protection
a) List Species
b) Protection Measures
DISTRIBUTION: Lead Agency sends copies of Inspection notice & completed MRRC-1 to operator, operator’s designated agent, BLM or USFS (if required) & retains original.
04-0030
See Inspection Report
See Inspection Report
See Inspection Report
See Inspection Report
See Inspection Report
N/A N/A
See Inspection Report
INSTRUCTIONS FOR COMPLETING SURFACE MINING INSPECTION REPORT
Form MRRC-1 (4/97) Page 3 and 4 (Rev. 07/13)
BLOCK VIII: INSTRUCTIONS FOR EACH DATA COLUMN:
Potential Reclamation Plan Requirements (Column 1): Under CCR § 3504.5(f), “Inspections may include, but shall not
be limited to the following: the operation’s horizontal and vertical dimensions, volumes of materials stored on the site; slope
angles of stock piles, waste piles and quarry walls; potential geological hazards; equipment and other facilities; samples of
materials; photographic or other electronic images of the operation; any measurements or observations deemed necessary
by the inspector or the lead agency to ensure the operation is in compliance with Public Resources Code Chapter 9.”
Column 1 provides a list of items that may be included in the approved reclamation plan, either expressly or by reference as
described in PRC § 2772(d), which may include conditions of approval, other permit requirements and supplementary
documents, including environmental documents, prepared for the project pursuant to Division 13 (commencing with Section
21000).
It is not expected that all reclamation plans will include each item of Section VIII, or be limited to the items listed. Items in
Column 1 that are not operative requirements in the reclamation plan may not need to be addressed by the inspection.
Operative reclamation plan requirements not listed in Items 1 through 12 may be listed in Item 13, under “Other
Reclamation Plan Requirements.”
Reclamation Plan Requirements (Column 2): Prior to field inspection, it is recommended that the inspector review the
approved reclamation plan and any amendments, as well as any other documents included by reference, including
conditions of approval, other permit requirements and supplementary documents, such as environmental documents
prepared for the project pursuant to Division 13 (commencing with Section 21000) that specifically relate to reclamation of
the mine site. The most recently approved Financial Assurance Cost Estimate and any pending or ongoing enforcement
actions should also be reviewed. Conditions of approval that relate to facility operations solely of local concern, such as
hours of operation, noise, and dust control are not subject to the inspection.
Column 2 is intended to provide the inspector a place to match any items noted in Column 1 with those items included in the
approved reclamation plan either expressly or by reference as described in PRC § 2772(d), which may include conditions of
approval, other permit requirements and supplementary documents, including environmental documents prepared for the
project pursuant to Division 13 (commencing with § 21000). Also note any Interim Management Plan (IMP) requirements
where the mine is subject to an IMP pursuant to PRC § 2770(h).
Indicate the source document for the reclamation plan requirements at the end of the entry in parenthesis; i.e. (COA) (POO)
(EIR) (WDR) (SWPPP), etc. Conditions of approval that relate to facility operations solely of local concern, such as hours
of operation, noise, and dust control should not be included in Column 2. If items listed in Column 1 of Section VIII of the
form are not included in the reclamation plan or other documents included by reference, write not applicable or “NA” in
Column 2.
Specific reclamation requirements may not apply to an operation at the time of inspection, but they are important to be
aware of to ensure current activity at the site will not prohibit reclamation in accordance with the approved reclamation plan.
A copy of the Surface Mining and Reclamation Act of 1975 and 1993 SMGB regulations may be obtained at
http://www.conservation.ca.gov/omr/lawsandregulations/Pages/SMARA.aspx.
Site Conditions and Compliance Issues (Column 3): Describe current site conditions and compliance issues noted for
both operating and reclaimed surfaces that pertain to the reclaimed condition of the mining site. Block IX is provided for
additional space to describe site conditions and/or compliance issues. Attach additional sheets as necessary.
Evaluations of slope stability and engineered compaction should be prepared by qualified professionals only. PRC §
2774(b)) states “The lead agency may cause an inspection to be conducted by a state licensed geologist, state licensed
civil engineer, state licensed landscape architect, or state licensed forester, who is experienced in land reclamation and
who has not been employed by a surface mining operation within the jurisdiction of the lead agency in any capacity during
the previous 12 months.”
VN?(Column 4): Use this box to indicate if violations were noted for any of the specific items under the corresponding item
group heading (e.g., Boundaries, Slopes-Grading, etc.) during field inspection of the site. Enter number of violations in the
box.
State of California
DEPARTMENT OF CONSERVATION
OFFICE OF MINE RECLAMATION
MRRC-1 (4/97) Page 4 of 5 (Rev. 07/13)
SURFACE MINING INSPECTION REPORT
VIII. Non-SMARA facility operations conditions solely of local concern (e.g. hours of operation) do not need to be noted here. See Instructions for Block VIII on reverse side of page.
[Use separate sheet(s) where necessary. Refer to item numbers below]
CA MINE ID #
91-
Potential Reclamation Plan
Requirements:
List Reclamation Plan Requirements
(Recommended to be filled out prior to field inspection)
Note Site Conditions and Compliance Issues
(Note additional comments on Page 5 as necessary)VN?
8) Soil/Overburden Stockpile
Management
a) Topsoil
i) Location
ii) Slope Stability
iii) BMPs
b) Overburden
i) Location
ii) Slope Stability
iii) BMPs
c) Topsoil Application
i) Amendments
ii) Depth
iii) Moisture
iv) Application Methods
9) Revegetation
a) Test Plots
b) Species Mix
c) Density
d) Percent Cover
e) Species Richness
f) Protection
g) Success Monitoring
h) Invasive Species Control
10) Structures
11) Equipment
12) Closure of Adits
13) Other Reclamation Plan
Requirements
DISTRIBUTION: Lead Agency sends copies of Inspection notice & completed MRRC-1 to operator, operator’s designated agent, BLM or USFS (if required) & retains original.
04-0030
See Inspection Report
See Inspection Report
See Inspection Report
See Inspection Report
N/A N/A
N/A N/A
State of California
DEPARTMENT OF CONSERVATION
OFFICE OF MINE RECLAMATION
MRRC-1 (4/97) Page 5 of 5 (Rev. 07/13)
SURFACE MINING INSPECTION REPORT
IX. List comments/description/sketches to support observations of mine site conditions, including violations. Where any
violations are noted, list in numerical order, along with suggested corresponding corrective actions. Also describe preventative
measures recommended by the inspector to avoid or remedy potential violations. Indicate if you have attached photos,
sketches, and/or notice(s) of violation(s) or other documents to this form.
(Add additional sheets as necessary)
CA MINE ID #
91-
Inspection Date:
Weather Code(s):
Duration of Inspection:
Start Time:
End Time:
Status of Mine Code(s):
Status of Reclamation Code(s):
Approximate Acreage Under Reclamation:
Approximate Acreage the lead agency has
determined reclaimed in accordance with the
approved reclamation plan:
Approximate Total Disturbed Acreage:
Approximate Pre-SMARA Disturbed Acreage:
Disturbed Acreage Identified in Most Recent Financial Assurance Cost Estimate:
Previous Inspection Date (and Number of
Violations then Noted):
Violations Corrected? (explain in block to left)
Inspection Attendees and Affiliations:
X. Number of Current Violations:Inspectors Signature:If inspector is a contractor for the lead agency give license type and number:
Date Signed:
DISTRIBUTION: Lead Agency sends copies of Inspection notice & completed MRRC-1 to operator, operator’s designated agent, BLM or USFS (if required) & retains original.
04-0030
OBSERVATIONS
See Inspection Report.
CORRECTIVE MEASURES
1. (Corrective Measure) Erosion Control Measures. Perform additional
erosion control best management practices near the seasonal drainage
channel located at the mine site to reduce the discharge of sediments
into the drainage channel.
2. (Corrective Measure) Test Plot. Establish a test plot in accordance
with the reclamation plan (MIN18-0002). The test plot will be at least 30’
x 30’ and fenced to prevent disturbances.
3. (Corrective Measure) Notice of Reclamation Plan Approval. Pursuant
to Condition No. 27 of MIN18-0001, the property owner shall record a
Notice of Reclamation Plan Approval with the County recorder, pursuant
to Public Resources Code Section 2772.7. A recording document was
prepared and sent to the property owner and the operator. However, no
record of the document having been recorded was sent to the County to
verify compliance.
4. (Corrective Measure) Address Posting. Pursuant to Condition No. 34
of MIN18-0001, the property address or the name of the mine shall be
clearly displayed at the entrance of the property, and visible from
Humboldt Road. The minimum size of the address is 4 inches in height
with a ½ inch stroke.
December 3, 2019
CL
45 Minutes
1:00 PM
1:45 PM
A
RN
None
None
8.3 acres
None
8.0 acres
December 3, 2018 (None)
N/A
Tim Deveraux
(Franklin Construction, Inc.)
0
INSTRUCTIONS FOR COMPLETING SURFACE MINING INSPECTION REPORT
Form MRRC-1 (4/97) Page 5 (Rev. 05/13)
BLOCK IX Inspectors may use the large open block for comments to describe violations, corresponding corrective actions, or
preventative measure(s) suggested by the inspector to address noted violations or avoid potential violations, and to explain
any limitations on the inspection conducted. The inspector can also use this space to describe the status of any pending or
current enforcement actions. Separate violations that are the subject of existing enforcement actions from violations
observed during the current inspection.
Enter California Mine ID Number and Date of Inspection.
Weather Codes: CR = Clear; CL = Cloudy; RN = Rain; SN = Snow; WD = Windy
For "Duration of Inspection," indicate the start and end times of the inspection (do not include travel time).
SMARA Status Codes (based on annual report and reported production under CCR § 3695, indicate the appropriate status
code)
I = Idle (Per § 2727.1) NP = Newly Permitted (must be no mining/disturbance)
AB = Abandoned (Per § 2770(h)(6)) NOP-NC = Not in operation, reclamation not completed
NOP-C = Not in operation, reclamation completed
If idle, indicate either the date operation became idle as defined by PRC Section 2727.1, the date an IMP was approved, or the
status of any pending IMP.
Status of Reclamation Codes:
RN = Reclamation not begun P = Post reclamation monitoring
R = Reclamation in progress RC = Reclamation complete
Enter approximate acreage under reclamation (the number of acres actively being reclaimed in accordance with the
approved reclamation plan).
Enter approximate acreage determined to be reclaimed in accordance with the approved reclamation plan by Lead Agency.
Enter approximate total disturbed acreage. This includes all acreage disturbed by the surface mining operation, as defined
by PRC § 2729: “’Mined Lands’ includes the surface, subsurface, and ground water of an area in which surface mining
operations will be, are being, or have been conducted, including private ways and roads appurtenant to any such area, land
excavations, workings, mining waste, and areas in which structures, facilities, equipment, machines, tools or other materials or
property which result from, or are used in, surface mining operations are located.” This should include acreage under
reclamation that has not been determined to be reclaimed in accordance with the approved reclamation plan by the Lead
Agency.
Enter the total number of acres within or adjacent to the disturbance area of the operation disturbed pre-SMARA (disturbance
before January 1, 1976, that has not had mining related disturbance after January 1, 1976).
Enter the disturbed acreage identified in the most recent Financial Assurance Cost Estimate (i.e., the disturbed acreage that
was used to calculate the most recent Financial Assurance Cost Estimate.
Enter the date of the previous lead agency inspection and number of violations noted during that inspection.
Attendees: Provide the names and affiliations of parties in attendance at the inspection.
BLOCK X: Enter the number of violations noted during the inspection. Sign and date the Inspection Report. If the inspector is a
consultant to the lead agency, include the inspector’s certification (PE, PG, CEG, etc.) and license number, if applicable.
The lead agency may cause an inspection to be performed by contracting with private consultants, specifically: state
licensed geologist, state licensed civil engineer, state licensed landscape architect, or state licensed forester per § 2774(b).
Department of Development Services Tim Snellings, Director Pete Calarco, Assistant Director
7 County Center Drive T: 530.552.3700 Oroville, California 95965 F: 530.538.7785 buttecounty.net/dds
October 18, 2019
Clark Gardner, President
Franklin Construction, Inc.
217 Flume Street, Suite 200
Chico, CA 95928
SUBJECT: Zoning Administrator Approval – Request for Determination RFD19-0009
Mining Permits MIN 99-02 and MIN18-0002/Franklin Construction, Inc. –
Little Chico Creek Mine, Canyon Shadows Road; APNs: 063-290-056, -057 and
-058
Dear Mr. Gardner,
As the Butte County Zoning Administrator, I have received requests to interpret the intent and
determine the applicability of Condition No. 9 (Mitigation Measure No. 9) of Mining Permits MIN
99-02 and MIN18-0002 to truck trips providing aggregate to residents and roads along Little Chico
Creek and within the Buzztail Community Services District (CSD). Condition No 9 (Mitigation No.
9) provides as follows:
9.Mitigation Measure #9 (MIN 99-02)
In order to ensure that truck traffic does not interfere with local traffic flows on Canyon Shadows
Road and the surrounding residential subdivisions, all truck traffic accessing the mine site shall
be restricted from using Canyon Shadows Road northeast of the mine site. Trucks accessing the
mine site shall only utilize that portion of Canyon Shadows Road southwest of the mine site.
This Condition of Approval and Mitigation Measure was adopted with approval of Mining Permit
MIN 99-02 by the Butte County Board of Supervisors on December 11, 2001. A plain reading of the
Condition would imply that all truck traffic from the Little Chico Creek Mine site is restricted from
using Canyon Shadows Road northeast from the mine site to its terminus at the intersection of Canyon
Shadows Road and Wilder Drive. However, a review of the complete record for MIN 99-02 shows
this Condition and Mitigation Measure was intended to protect roads owned and maintained by the
Buzztail CSD from truck traffic transporting aggregate materials from the Little Chico Creek Mine
site over District roads to locations outside of Little Chico Creek Canyon.
Canyon Shadows Road is a privately owned and maintained road running from Humboldt Road (and
thus to State Highway 32) northeast to Wilder Drive, which is owned and maintained by the CSD. By
October 18, 2019 Request for Determination RFD19-0009/Franklin Construction Inc. Page 2
restricting mine truck traffic from Canyon Shadows Road northeast of the mine site, this Condition
and Mitigation Measure was specifically intended to restrict mine truck traffic from utilizing Wilder
Drive north of its intersection with Canyon Shadows Road to Santos Ranch Road and Highway 32.
Indeed, since the Little Chico Creek Mine commenced operations, Canyon Shadows Drive has been
substantially improved to accommodate mine truck traffic southwest to Humboldt Road and Highway
32.
Also since the Little Chico Creek Mine commenced operations, occasional truck traffic has occurred
from the mine site to provide aggregate from the mine, northeast on Canyon Shadows Drive, to
properties within Little Chico Creek Canyon and the Buzztail CSD, and for roads within the CSD. A
map showing Wilder Drive and parcels within the Buzztail CSD from the Butte Local Agency
Formation Commission’s March 2016 Final Municipal Service Review and Sphere of Influence Plan
is attached. If routed southwest on Canyon Shadows Road to Highway 32, this incidental truck traffic
providing aggregate within the Canyon and to properties and roads within the Buzztail CSD would
transit and impact a greater portion of Wilder Drive than the current route northeast on Canyon
Shadows Road from the mine.
From this review, it is clear that the intent of the condition is to restrict the use of Canyon Shadows
Road from the regular transit of mine materials to other sites accessed via Highway 32. Condition No.
9 is not intended to restrict the occasional direct deliveries to customers on Wilder Drive or other
roads in the CSD using the portion of Canyon Shadows Road connecting the Little Chico Creek Mine
to Wilder.
Determination
Based on the record, it is my determination that Condition No. 9 (Mitigation Measure No. 9) of Mining
Permits MIN 99-02 and MIN18-0002 does not apply to occasional truck trips providing aggregate
from the Little Chico Creek Mine to residents and roads along Little Chico Creek and within the
Buzztail Community Services District. All truck traffic transporting aggregate materials from the
Little Chico Creek Mine, other than occasional trips to properties along Little Chico Creek, and to
properties and roads within the Buzztail CSD, remains restricted from using Canyon Shadows Road
northeast of the mine site.
Appeals
In accordance with Butte County Code section 24-266 (Appeals and Calls for Review), any person
may file an appeal of this decision by the Zoning Administrator to the Butte County Planning
Commission. Any appeal must be writing and received prior to 4:00 p.m. on Thursday, October 28,
2019 at the:
Department of Development Services
Planning Division
7 County Center Drive
Oroville, CA 95965
An appeal fee of $676.00 must be paid at the time of the appeal. If no appeals are received within the
10 calendar-day appeal period, the action of the Zoning Administrator is final.
If you have any questions, please contact Senior Planner Rowland H ickel at (530) 552-3684 or
rhickel@buttecounty.net between 8:00 a.m. and 4:00 p.m., Monday through Friday.
~ 1,1
T~~' Director
Butte County Department of Development Services
Attachment: Buzztail Community Services District Boundaries and Sphere oflnfluence
CC: Tami Ritter, Third District Supervisor
Henry Schleiger, Third District Planning Commissioner
Bruce Hall, Hall & Isom Investment Company
Richard Tooker, President, Buzztail Community Services District
October 18, 2019 Request for Determination RFD19-0009/Franklin Construction Inc. Page 3
Final Municipal Service Review and SOI Plan March 3, 2016
Buzztail Community Services District Page 6
Figure 2.1 Buzztail Community Services District Boundaries and Sphere of Influence
Page 1 of 8
MINING PERMIT
BUTTE COUNTY PLANNING COMMISSION February 14, 2019
DATE OF APPROVAL:
MIN18-0002
PERMIT NO.
063-290-056, 063-290-057, 063-290-058
ASSESSOR’S PARCEL NO.
Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set
forth below: Franklin Construction, Inc. is hereby granted an amendment to Mining Permit MIN 99-02 and
Reclamation Plan RP10-0002 to enlarge the Little Chico Creek Mine ‘s permitted mining area from 8.3
acres to 12.1 acres, resulting in the extraction, processing, and export of an additional 458,000 cubic yards
of aggregates, and extending the estimated life of the mine to January 1, 2043.
1. Failure to comply with the conditions specified herein as the basis for approval of application and
issuance of Permit constitutes cause for the revocation of said permit in accordance with the procedures
set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-251.
2. Unless otherwise provided for in a special condition to this Mining Permit, all conditions must be
completed prior to or concurrently with the establishment of the granted use.
3. Pursuant to Butte County Code Section 13-111, operations shall begin within 10 years from the date of
issuance of the final permit. Should operations not commence within said ten (10) years the final permit
shall lapse and become void, unless extended by the Planning Commission prior to lapse. The
designated mine operator shall also commence forwarding annual reports to the Department of
Development Services pursuant to Butte County Code Section 13-111(a)(1) within the first year
following approval.
4. Minor modifications may be approved by the Director of Development Services (in consultation with
other County agency Directors, as needed) pursuant to the definition provided in Butte County Code
Section 13-103, upon receipt of a written request by the Department of Development Services. Prior
to such approval, verification shall be made by Department of Development Services that the
modification is consistent with the application, fees paid and environmental determination as
conditionally approved. Changes deemed to be major or significant in nature shall require a formal
application for amendment as provided for in Butte County Code Section 13-117.
5. The terms and conditions of this Permit shall run with the land and shall be binding upon and to the
benefit of the heirs, legal representatives, successors, and assigns of the Permittee.
6. Neither the applicant, nor any agent nor representative of the applicant shall intentionally omit or
misrepresent any material fact in connection with the application. Any alleged material
misrepresentation shall constitute grounds for the Director of Development Services to commence a
revocation hearing, and, if proven to exist, shall constitute sufficient grounds to revoke the Permit.
Page 2 of 8
Conditions of Approval:
1. Mitigation Measure #1 (MIN 99-02)
The applicant shall ensure that all ground surfaces left exposed are covered or treated sufficiently to
minimize fugitive dust emissions during any reclamation and mine operation activities where dust
particles may become airborne.
2. Mitigation Measure #2 (MIN 99-02)
The applicant shall apply for and receive an authority to construct permit from the Air Quality
Management District prior to operations.
3. Mitigation Measure #3 (MIN 99-02)
The approximately 75 native blue oaks (Quercus Douglasii) and live oaks (Quercus wizlizenii)
removed as a result of mine development within the 5-acre mine site shall be replaced during
reclamation on a two-for-one basis, within the 5 acre area. Oaks shall be planted on 15 foot centers.
The plantings shall be monitored for a period of three years.
4. Mitigation Measure #4 (MIN 99-02)
Prior to disturbance in the area to be mined, a storm water run-off retention pond shall be developed in
accordance with the exhibit maps for this Deer Creek Mine. The retention pond shall be designed to
accept storm water run-off to the satisfaction of the Regional Water Quality Control Board.
5. Mitigation Measure #5 (MIN 99-02)
During development activities, should any archaeological artifacts be discovered, the Planning Division
shall be notified immediately, and all work shall cease until a qualified archaeologist has examined the
artifacts and the site and submitted his or her findings to the Planning Division, and recommended
clearance to continue. Re-commencement of construction shall be upon the approval of the Planning
Division.
6. Mitigation Measure #6 (MIN 99-02)
In order to minimize off-site sediment transport and erosion during mine operation and reclamation the
following measures shall be followed:
a. The mine floor shall be graded to a slope of 1 percent as per the exhibit map submitted for this
Mining Permit. This is intended to create a positive drain at a very slow rate, towards the
detention pond.
b. All topsoil at the mine site shall be conserved for later use in reclamation. A V-type ditch
shall be located above the stockpile to divert drainage away from the stockpile and mining area.
The stockpile shall be seeded, in accordance with the re-vegetation plan, and a silt fence shall
be installed down grade to prevent erosion. The slope of the stockpile shall not exceed 2:1.
7. Mitigation Measure #7 (MIN 99-02)
Prior to installing any fuel at the property, a Hazardous Materials Business Plan shall be submitted to,
and approved by, the Butte County Environmental Health Department. The applicant shall maintain
fuel storage in accordance with the plan at all times.
8. Mitigation Measure #8 (MIN 99-02)
Prior to mine development and operation, the applicant shall receive water quality certification and a
general industrial activities storm water permit from the Central Valley Regional Water Quality Control
Page 3 of 8
Board.
9. Mitigation Measure #9 (MIN 99-02)
In order to ensure that truck traffic does not interfere with local traffic flows on Canyon Shadows Road
and the surrounding residential subdivisions, all truck traffic accessing the mine site shall be restricted
from using Canyon Shadows Road northeast of the mine site. Trucks accessing the mine site shall only
utilize that portion of Canyon Shadows Road southwest of the mine site.
10. Mitigation Measure #10 (MIN 99-02)
The following measures shall be followed during all times of mine operation:
a. Upon commencement of normal mining and processing activities at the project site, a follow-
up noise level survey shall be conducted to check the accuracy of the modeling effort prepared
for this project. If the measured noise levels exceed the recommended project standards of
significance, additional noise control measures shall be implemented to reduce the noise levels
to a state of compliance. Such measures shall include 1) lining hoppers and chutes with heavy
urethane sheets, utilizing urethane screen decks (rather than steel); and 2) suspending acoustic
curtains around specific equipment which is found to be the source of the noise level.
b. The proposed earthen berm comprised of topsoil/overburden blasting contractor shall be
erected as proposed.
c. Hours of operation, and project related construction activities, including improvements to
Canyon Shadows Road, shall be limited to 7:00 a.m. to 5:00 p.m., Monday through Friday,
with no crushing or blasting operations allowed on Saturday or Sunday. Only maintenance
operations shall be allowed on Saturday or Sunday.
d. Use of explosives shall be limited to the hours of 10:00 a.m. and 3:00 p.m., Monday through
Friday, and limited to two times per year. All explosive detonations performed for this project
shall be conducted within the same one-hour period. No explosives shall be used during the
fall or winter periods of the year, unless a qualified survey is conducted which concludes that
salmon are not present in Little Chico Creek. A minimum of 24 hours prior notification shall
be made to the Planning Division, Sheriff, and to all residence within one (1) mile of the quarry
site.
e. The blasting contractor shall design the shots so as not to exceed maximum noise levels of 70
dB at the existing residential areas.
11. Mitigation Measure #11 (MIN 99-02)
In order to reduce the risk of accidental wildland fire, spark arresters are required on all internal
combustion engines used during mine operation and reclamation, in accordance with the Butte County
Fire Department and Public Resources Code Section 4442.
12. Mitigation Measure #12 (MIN 99-02)
No truck traffic shall be allowed on Humboldt Road west of Canyon Shadows Road.
13. Mitigation Measure #13 (MIN 99-02)
The following measures regarding the intersection of Humboldt Road and State Route 32 shall be
carried out to the satisfaction of the California Department of Transportation, in order to improve site
distance and safety of the intersection:
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a. Trees shall be pruned and brush shall be removed on the south side of SR-32 to clear any
obstructions within the 800-foot intersection sight line. The existing sign located east of the
intersection shall also be removed and replaced at a location agreeable to the owners and
Caltrans.
b. A temporary “Truck Crossing” sign shall be placed on a barricade to advise drivers of the new
type of truck traffic accessing the intersection.
c. The Centerline of Humboldt Road shall be striped to allow for truck turns at the intersection.
14. Mitigation Measure #1 (RP10-0002)
The following mitigation measure shall be included in an attachment to the Reclamation Plan:
“Dust generated by the reclamation activities shall be kept to a minimum and retained on-site. Follow
the air quality control measures listed below:
Control Dust
a. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials,
water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to
create a crust after each day’s activities cease.
b. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle
movement damp enough to prevent dust from leaving the site. At a minimum, this would
include wetting down such areas in the later morning and after work is completed for the day
and whenever wind exceeds 15 miles per hour.
c. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders
to prevent dust generation.
d. Haul vehicles transporting soil into or out of the property shall be covered.
e. Existing roads and streets adjacent to the project shall be cleaned at least once per day if dirt or
mud from the project site has been tracked onto these roadways, unless conditions warrant a
greater frequency.
f. Other measures may be required as determined appropriate by the BCAQMD or Department
of Public Works in order to control dust.
Post Contact Information
g. Post a publicly visible sign with the telephone number and person to contact regarding dust
complaints. This person shall respond and take corrective action within 24 hours. The
telephone number of the Butte County Air Quality Management District shall be visible to
ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions).
Other Construction Practices
h. Maintain all construction equipment in proper tune according to manufacturer’s specification.
i. Where feasible, give preference to utilizing the following equipment:
• Electric equipment
• Substitute gasoline-powered for diesel-powered equipment
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• Alternatively fueled construction equipment on site such as compressed natural gas
(CNG), liquid natural gas (LNG), propane, or biodiesel.
• Equipment that has Caterpillar pre-chamber diesel engines, as practical.
• Diesel construction equipment meeting the CARB’s 1996 or newer certification
standard for off-road heavy-duty diesel engines.
j. Construction workers shall park in designated parking area(s) to help reduce dust emissions.”
Plan Requirements: The mitigation measure shall be included as an attachment to the Little Chico
Creek Quarry Reclamation Plan.
Timing: Requirements of the mitigation measure shall be adhered to throughout all grading and
revegetation phases of the project.
Monitoring: The contractor and the on-site supervisor shall be responsible for ensuring compliance
with this mitigation and shall respond to all complaints of dust or other air quality impacts. Department
of Development Services shall investigate all complaints of excess dust or other air quality impacts.
15. Mitigation Measure #2 (RP10-0002)
Prior to the commencement of reclamation, the Butte County Development Services shall consider and
approve a Registered Professional Forester, Certified Biologist, Certified Arborist or similarly qualified
individual proposed by the operator to oversee the planting of 150 oaks at the mine site. The qualified
professional shall prepare a planting plan, to be reviewed and approved by Butte County Development
Services that includes the planting method and an exhibit showing where oaks are to be planted such
that, in the opinion of the qualified professional, the highest number shall survive. At a minimum, the
reclamation plan success criteria of an average of 1.5 trees per acre shall be achieved. The qualified
professional shall take particular caution that oaks are planted in areas with adequate rooting depth.
Oaks shall be fenced to protect them from grazing cattle and deer until such time as the fencing is
deemed no longer necessary by the qualified professional.
Plan Requirements: This mitigation measure shall be included as an attachment to the Little Chico
Creek Quarry Reclamation Plan.
Timing: Requirements of this mitigation measure shall be adhered to throughout revegetation and
monitoring phases of the project.
Monitoring: The Department of Development Services shall approve selection of the qualified
professional and review the planting plan. Monitoring of the planted oaks shall be, at a minimum,
consistent with the revegetation success criteria of the Reclamation Plan (average 1.5 oak trees per
acre).
16. Mitigation Measure #3 (RP10-0002)
Place the following note in the Reclamation Plan that states:
Pursuant to the recommendation of the November 30, 2010 “Engineering Geologic Investigation of the
Franklin Construction Little Chico Creek Quarry” prepared by KC Engineering, the operator shall have
a registered geologist, certified engineering geologist or similarly qualified individual conduct an
annual inspection of the quarry pit at the end of each mining season (prior to the onset of the annual
rain season) to assess the pit for potential hazards and/or emerging failures and to verify the integrity
of the quarry pit walls during reclamation. A final report shall be required upon the completion of all
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other reclamation activities at the site (recontouring, revegetation and monitoring), verifying the
integrity of the quarry pit walls at that time. The applicant shall take any action deemed necessary by
the qualified inspecting individual to avoid, reduce and/or remedy any potential hazard or emerging
failure, and so notify the Butte County Department of Development Services.
Plan Requirements: This mitigation measure shall be included as an attachment to the Little Chico
Creek Quarry Reclamation Plan.
Timing: Requirements of this mitigation measure shall be adhered to throughout mining, revegetation
and monitoring phases of the operation. Annual reports shall be due within one month after the seasonal
cessation of mining. The final report shall be due prior to the County’s certification that reclamation is
complete pursuant to PRC 2773.1(c)
Monitoring: Annual and final inspection reports regarding any potential geologic hazards at the project
site shall, when completed, be submitted to the Department of Development Services and reviewed by
a County-employed civil engineer. A County-employed civil engineer shall also review any actions
that may be necessary to avoid, reduce and/or remedy any potential hazard or emerging failure.
Butte County Development Services Department
17. The approved use shall be developed and maintained in substantial conformance with the approved site
plan, mine operations plan, and reclamation plan on file with the Butte County Planning Division.
Changes to the approved permit may be approved pursuant to Butte County Code section 24-246.
Modifications to the reclamation plan may be approved pursuant to Butte County Code section 13-118.
18. Annual inspection of the mine shall be conducted in accordance with the Surface Mining and
Reclamation Act. All applicable inspection fees shall be paid in accordance with adopted rates.
19. A bond or other form of acceptable security shall be established for the purposes of fulfilling the
financial assurance requirements of the California Surface Mining and Reclamation Act. All securities
shall comply as to form and content with the latest financial assurance guidelines provided by the
Department of Conservation. This amount shall be reviewed annually by the County pursuant to the
Surface Mining and Reclamation Act.
20. No water shall be drawn from Little Chico Creek for use in the mining operation.
21. Applicant must also comply with all other applicable State and local statutes, ordinances, and
regulations.
22. Applicant or any other operator other than the owner agrees to enter into an indemnification agreement
to indemnify the County of Butte from liability or loss related to the approval of this project in a form
approved by County Counsel.
23. The applicant shall obtain all necessary building permits from the Butte County Building Division for
any proposed improvements to be constructed at the project site. The applicant shall submit building
plans and specifications prepared by a California registered design professional (engineer or architect)
demonstrating compliance with California Building Code requirements.
24. All noise emissions resulting from the use shall comply with the requirements of Butte County Code
Chapter 41A [Noise Control]. If complaints regarding excessive noise levels are received by the Butte
County Development Services Department, the applicant shall be responsible for all costs associated
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with the preparation of an acoustical analysis. If the acoustical analysis determines that noise levels
generated by the use have exceeded applicable County noise standards, the applicant shall, at their own
cost, implement noise attenuation or other measures as recommended by the acoustical professional
including, but not limited to, increased setbacks, installation of sound barrier walls or noise berms, and
any other changes or improvements necessary to reduce noise levels to conform to applicable County
standards.
25. All exterior lighting shall comply with all requirements of Chapter 24, Division 4. – Outdoor Lighting
(Section 24-62 et. seq.) of the Butte County Code. Exterior lighting shall be located, adequately
shielded, and directed such that no direct light falls outside the property line, or into the Public right-
of-way. Flashing, flickering, or other lighting that is distracting or may be confused with traffic or
emergency signals is prohibited.
26. The property owner shall record a declaration acknowledging the right to farm, pursuant to Chapter 35
of the Butte County Code (Agricultural Statement of Acknowledgement).
27. The property owner shall record a Notice of Reclamation Plan Approval with the County recorder,
pursuant to Public Resources Code Section 2772.7. Said notice shall read: Mining operations conducted
on the hereinafter described real property are subject to a reclamation plan approved by the County of
Butte, a copy of which is on file with the Planning Division of the Department of Development Services.
Butte County Public Works Department
28. The applicant shall rebuild Humboldt Road from Canyon Shadows Road to State Route 32 to an RS-
3C County Improvement Standard, to the satisfaction of the Butte County Department of Public Works.
29. Obtain encroachment permit for all new or existing driveway approaches and construct them to County
standards, as specified in County Improvement Standards.
30. A permanent solution for drainage shall be submitted to and approved by the Department of Public
Works. The drainage plans shall specify how drainage waters shall be detained on-site and or conveyed
to the nearest natural or publicly maintained drainage channel or facility and shall provide that there
shall be no increase in the peak flow runoff to said channel or facility.
Butte County Environmental Health
31. Portable restrooms shall be maintained at the mine site.
32. Potable water shall be provided at the mine site from an approved source. This may require piping
water from the well located approximately 3/8 of a mile from the mine site.
Butte County Fire Department/Cal Fire
33. Any new structures shall meet the fire safe regulations of Butte County and Public Resources Code
Section 4290.
34. The property address or the name of the mine shall be clearly displayed at the entrance of the property
and visible from the road. The minimum size of the address number is 4 inches in height with a ½ inch
stroke.
Butte County Agricultural Commissioner’s Office
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35. To prevent the introduction and spread of noxious weeds at the mine, the operator shall, prior to the
start of earthmoving activities, prepare and submit a Mining Operation Weed Management Plan to the
Department of Development Services and the Butte County Agricultural Commissioner for approval.
I hereby declare under penalty of perjury that I have read the foregoing conditions that they are in fact the
conditions which were imposed upon the granting of this Mining Permit, and that I agree to abide fully by
said conditions.
Date: ______________________ ________________________________________________
Applicant
Department of Development Services Paula Daneluk, Director Pete Calarco, Assistant Director 7 County Center Drive T: 530.552.3700 Oroville, California 95965 F: 530.538.7785 buttecounty.net/dds
December 31, 2019 Ronda Law Department of Conservation
Office of Mine Reclamation 801 K Street, MS 09-06 Sacramento, CA 95814-3529 RE: Financial Assurance Cost Estimate Review – Little Chico Creek Mine (CA MINE ID # 91-04-0030) Dear Ms. Law:
Butte County received the 2019-2020 Financial Assurance Cost Estimate for the Little Chico Creek Mine. The estimate calculated reclamation costs in the amount of $40,366.81. The total disturbance
area of the mine site to be approximately 8 acres. Based on the number of acres disturbed at the site that are subject to reclamation, reclamation costs are estimated to be approximately $5,045 per acre. Staff has reviewed the cost estimate for adequacy of third-party reclamation of the mine in accordance with the mine’s approved reclamation plan. Based on this review, Butte County certifies the estimate as adequate to complete reclamation of the site. Pursuant to Public Resources Code, Section 2773.4, the enclosed estimate is being submitted to your office for a 45-day review and comment. If you should have any questions, please feel free to contact me at (530) 552-3684. Sincerely,
Rowland Hickel, Senior Planner Butte County Department of Development Services
rhickel@buttecounty.net ENCLOSURE (Financial Assurance Cost Estimate)
cc: Franklin Construction