HomeMy WebLinkAbout03 - MIN21-0001 Revised Reclamation Plan - Pentz Pit Mine (Compass 1.4.21)
REVISED RECLAMATION PLAN
FOR THE
PENTZ PIT MINE
(CA MINE ID #91‐04‐0001)
Operator:
NorCal Sand and Rock, Inc.
4970 Slickens Road
Oroville, CA 95965
Prepared by:
Compass Land Group
3140 Peacekeeper Way, Suite 102
McClellan, CA 95652
January 2021
Pentz Pit Mine Reclamation Plan i January 2021
TABLE OF CONTENTS
RECLAMATION PLAN SUMMARY ....................................................................... v
CHART OF SMARA CONTENTS [PRC §2770.5] ................................................... vi
1.0 INTRODUCTION ................................................................................................ 1
1.1 Plan Organization .................................................................................................. 1
1.2 Site History and Current Operating Entitlements .................................................. 2
1.3 Vested Rights ......................................................................................................... 2
1.4 Purpose for Revised Reclamation Plan [CCR §3502(a)] .......................................... 2
2.0 SURFACE MINING AND RECLAMATION ACT REQUIREMENTS ............................ 4
2.1 Description of Mining Operations ......................................................................... 4
2.1.1 Name and Address of Operator and Agent [PRC §2772(c)(1)] ............................... 4
2.1.2 Quantity and Type of Mineral to be Mined [PRC §2772(c)(2)] .............................. 4
2.1.3 Initiation and Termination Dates [PRC §2772(c)(3)] .............................................. 5
2.1.4 Maximum Anticipated Depth of Mining [PRC §2772(c)(4)] ................................... 5
2.1.5 Reclamation Plan Map Requirements [PRC §2772(c)(5)] ....................................... 5
2.1.6 Mining Description and Time Schedule [PRC §2772(c)(6)] .................................... 6
2.1.7 Public Health and Safety (Exposure) [CCR §3502(b)(2)] ......................................... 7
2.2 End Land Use ......................................................................................................... 7
2.2.1 Proposed or Potential End Uses [PRC §2772(c)(7)] ................................................ 7
2.2.2 Reclamation Measures Adequate for the End Use [PRC §2772(c)(8)] ................... 8
2.2.3 Impact of Reclamation on Future Mining in the Area [PRC §2772(c)(9)] ............... 8
2.3 Environmental Setting [CCR §3502(b)(1)] .............................................................. 8
2.3.1 Site Location .......................................................................................................... 8
2.3.2 Assessor Parcels, Zoning and General Plan Designations ...................................... 8
2.3.3 Access and Utilities ................................................................................................ 9
2.3.4 Geology ................................................................................................................. 9
2.3.5 Soils ....................................................................................................................... 9
2.3.6 Seismicity ............................................................................................................. 11
2.3.7 Biological Resources and Communities ............................................................... 11
2.3.8 Hydrology ............................................................................................................ 14
2.4 Effect on Surrounding Land Uses [CCR §3502(b)(1)] ........................................... 15
2.4.1 Surrounding Land Uses ........................................................................................ 15
Pentz Pit Mine Reclamation Plan ii January 2021
2.4.2 Effect that Reclaimed Site Conditions May Have on Surrounding Land Uses ...... 15
2.5 Slope Stability and Disposition of Fill Materials ................................................... 15
2.5.1 Final Slopes; Slope Angles Flatter than Critical Gradient [CCR §3502(b)(3)] ........ 15
2.5.2 Fill Slopes and Compaction Standards ................................................................. 15
2.6 Hydrology and Water Quality .............................................................................. 16
2.6.1 Surface and Groundwater Quality Protected in Accordance with Porter‐Cologne
and Clean Water Acts [CCR §3710(a)] ................................................................. 16
2.6.2 Drainage, Sediment and Erosion Control [PRC §2773(a)] .................................... 17
2.6.3 Contaminant Control and Mine Waste Disposal [PRC §2772(c)(8)(A)] ................ 18
2.6.4 In‐stream Activities [CCR §3710(b)] ..................................................................... 18
2.7 Protection of Fish and Wildlife Habitat [CCR §3503(c)] ....................................... 19
2.8 Resoiling [CCR §3503(f)] ...................................................................................... 21
2.9 Revegetation [CCR §3705] ................................................................................... 23
2.9.1 Vegetative Cover and Planting Procedures .......................................................... 23
2.9.2 Revegetation Test Plots [CCR §3705(b)] .............................................................. 25
2.9.3 Revegetation of Roads and Traffic Routes ........................................................... 25
2.9.4 Noxious Weed Management [CCR §3705(k)] ...................................................... 25
2.9.5 Plant Protection Measures, Fencing, Caging [CCR §3705(l)] ................................ 26
2.9.6 Revegetation Performance Standards and Monitoring [PRC 2773(a)] ................. 26
2.9.7 Agricultural Fertility Performance Standards [CCR §3707 and CCR §3708] ......... 27
2.10 Equipment Removal and Incidental Waste Disposal ............................................ 27
2.11 Closure of Portals, Shafts and Openings .............................................................. 28
2.12 Administrative Requirements .............................................................................. 28
2.12.1 Statement of Reclamation Responsibility [PRC §2772(c)(10)] ............................. 28
2.12.2 Financial Assurances [PRC §2773.1] .................................................................... 28
2.12.3 Lead Agency Approvals and Annual Inspection [PRC §§2772.1 and 2774] .......... 28
2.12.4 All Mining Operations Since 1/1/76 Included in Reclamation Plan [PRC §2776] . 28
2.12.5 Mining in 100‐year Floodplain and Within One Mile of State Highway Bridge [PRC
§2770.5] .............................................................................................................. 29
3.0 LEAD AGENCY REQUIREMENTS [PRC §2772(c)(11)] ......................................... 29
3.1 Butte County General Plan .................................................................................. 29
3.2 Butte County Surface Mining and Reclamation Code .......................................... 31
Pentz Pit Mine Reclamation Plan iii January 2021
TABLES
Table 1 Anticipated Progression of Mining and Reclamation ............................................. 7
Table 2 Assessor Parcel Numbers, General Plan, and Zoning ............................................. 9
Table 3 NRCS Soil Summary ............................................................................................. 10
Table 4 Revegetation Seed Mix ........................................................................................ 24
FIGURES
Figure 1 Site Vicinity Map
Figure 2 Existing Facilities
Figure 3 Site Geology Map
Figure 4 Parcel, Zoning, and Land Use Map
Figure 5 NRCS Soils Map
SHEETS
Sheet 1 Title Sheet
Sheet 2 Reclamation Grading Plan
Sheet 3 Cross‐Sections
APPENDICES
Appendix A Site Legal Description
Appendix B Owner’s Acknowledgement of Proposed End Uses
Appendix C Biological Resources Analysis
Appendix D Aquatic Resources Delineation Map
Appendix E Reclamation Related Conditions of Approval [Reserved]
Appendix F Statement of Reclamation Responsibility
Pentz Pit Mine Reclamation Plan iv January 2021
RECLAMATION PLAN SUMMARY
Mine Name: Pentz Pit Mine
California Mine ID Number: 91‐04‐0001
Mine Operator: NorCal Sand and Rock, Inc.
Mine Location: 4970 Slickens Road
Oroville, CA 95965
Latitude 39.639o and Longitude ‐121.586o
Site Contact: Michael Hickerson
Contact Phone: 503.855.8811
Owner(s): Baldwin Contracting, Inc.
Address: 1764 Skyway
Chico, CA 95928
Contact Person: Rene Vercruyssen
Contact Phone: 530.891.6555
Assessor Parcel(s): 041‐120‐075, 041‐120‐082, 041‐120‐104, 041‐720‐016,
041‐720‐002, 041‐720‐005, 041‐720‐008
Total Parcel Size(s): 462± acres
Area to be Mined/Reclaimed: 228± acres
Type of Material to be Mined: Sand and gravel
Quantity of Material to be Mined: 1.2 million cubic yards (est.)
Maximum Anticipated Depth: 40 feet, but up to 80 foot finish slope height to conform
to adjacent topography
Maximum Anticipated Floor Elev: 410’ mean sea level
Initiation Date: Active and continuous since 1970 or earlier
Anticipated Termination Date: 2031
Potential End Use(s): Gently rolling foothills
Pentz Pit Mine Reclamation Plan v January 2021
CHART OF SMARA CONTENTS [PRC §2770.5]
SMARA Section Location in Plan (e.g., Page #s) Lead Agency Checklist
SMARA Statutes (California PRC Sections 2772, 2773 and 2773.3)
2772(b) Chart of contents v (this chart) YES NO N/A
2772(c)(1) Operator and agent contact info 4 YES NO N/A
2772(c)(2) Quantity and type of materials 4 YES NO N/A
2772(c)(3) Initiation and termination dates 5 YES NO N/A
2772(c)(4) Maximum anticipated depth 5 YES NO N/A
2772(c)(5) Reclamation plan maps 5‐6, Figures, Sheets YES NO N/A
2772(c)(6) Mining description and schedule 6‐7 YES NO N/A
2772(c)(7) Proposed or potential end uses 7 YES NO N/A
2772(c)(8) Reclamation description 1‐8, 15‐29 YES NO N/A
2772(c)(9) Effect on future mining in area 8 YES NO N/A
2772(c)(10) Statement of responsibility 28, Appendix F YES NO N/A
2772(c)(11) Lead agency requirements 29‐31 YES NO N/A
2773(a) Site specific reclamation plan 3‐4, plus entirety of Plan YES NO N/A
2773.3 Requirements for metallic mines N/A YES NO N/A
SMARA Regulations, Article 1, Surface Mining and Reclamation Practice (Title 14, California CCR §3500 et seq.)
3502(a) Reclamation objectives 2‐4 YES NO N/A
3502(b)(1) Environmental setting 8‐15 YES NO N/A
3502(b)(2) Public health and safety 7 YES NO N/A
3502(b)(3) Final slopes 15 YES NO N/A
3502(b)(4) Borrow and settlement of fills 15‐16 YES NO N/A
3502(b)(5) Disposition of old equipment 27 YES NO N/A
3502(b)(6) Stream and watershed diversions 18‐19 YES NO N/A
3503(a) Soil erosion control 17‐18 YES NO N/A
3503(b) Water quality / watershed control 16‐18 YES NO N/A
3503(c) Protection of fish / wildlife habitat 19‐21 YES NO N/A
3503(d) Disposal of waste / overburden 18, 27 YES NO N/A
3503(e) Erosion and drainage 16‐18 YES NO N/A
3503(f) Resoiling 21‐23 YES NO N/A
3503(g) Revegetation 23‐27 YES NO N/A
SMARA Regulations, Article 9, Reclamation Standards (Title 14, California CCR §3700 et seq.)
3703 Wildlife and habitat protection 19‐21 YES NO N/A
3704 Backfill, grading and slopes 15‐16 YES NO N/A
3704.1 …for metallic mines N/A YES NO N/A
3705 Revegetation 23‐27 YES NO N/A
3706 Water quality, drainage, runoff 16‐18 YES NO N/A
3707 Standards for prime agriculture 27 YES NO N/A
3708 Standard for other agriculture 27 YES NO N/A
3709 Equipment storage and removal 27 YES NO N/A
3710 Surface / groundwater protection 16‐18 YES NO N/A
3711 Topsoil salvage and redistribution 21‐23 YES NO N/A
3712 Mine waste disposal 18, 27 YES NO N/A
3713 Drill holes and water wells 28 YES NO N/A
Pentz Pit Mine Reclamation Plan 1 January 2021
1.0 INTRODUCTION
This Revised Reclamation Plan (“Plan”) has been prepared in support of ongoing and vested
surface mining and reclamation activities at the NorCal Sand and Rock, Inc. (“NorCal”) Pentz Pit
Mine in Butte County, California. NorCal operates the Mine, a ±228‐acre facility that produces
sand and gravel and aggregate products, located at 4970 Slickens Road in unincorporated Butte
County (see Figure 1, Site Vicinity Map). NorCal operates pursuant to a lease with Baldwin
Contracting, Inc., doing business as Knife River Construction (“KRC”). NorCal and its
predecessors‐in‐interest including BCJ and Baldwin have been continuously mining at the site
since at least 1970. In addition to mining and reclamation, existing permitted and accessory uses
at the site include aggregate processing, stockpiling, load‐out, sales, equipment storage and
maintenance (see Figure 2, Existing Facilities). Surface mining and reclamation operations at the
site are conducted pursuant to vested mining rights and Butte County Reclamation Plan No. RP
78‐99 (“RP 78‐99”) approved on June 7, 1978.
This Plan serves to clarify the reclamation mapping boundaries and contours to cover existing
and planned reclamation activities and achieve current surface mining reclamation standards.
NorCal’s operations continue to reclaim the site by removing the non‐native Cherokee hydraulic
mine tailings that have washed down and filled portions of Sawmill Creek Ravine (“Ravine”). In
doing so, NorCal plans to restore the property to a more natural, native terrain over time. The
planned post‐mining end use is gently rolling foothills, which is consistent with the original
condition of the site and the end use approved under RP 78‐99.
1.1 Plan Organization
Section 2.0 of this Plan provides an overview of reclamation activities and is generally organized
around California Surface Mining and Reclamation Act (“SMARA”) requirements, beginning with
SMARA’s key statutory requirements. Section 3.0 of this Plan addresses specific Butte County
(lead agency) requirements, where those requirements supplement or amplify the requirements
covered in Section 2.0.
This Plan has been prepared pursuant to the following requirements associated with the
reclamation of mined lands:
California Surface Mining and Reclamation Act of 1975, as amended (Public Resource
Code §2710 et seq.);
State Mining and Geology Board SMARA implementing regulations (California Code of
Regulations, Title 14, §3500 et seq.);
Butte County General Plan; and
Butte County Code (“BCC”), Chapter 13, Article II, Surface Mining and Reclamation (“SMR
Code”).
Pentz Pit Mine Reclamation Plan 2 January 2021
Many statutory and regulatory sections of SMARA are either presented verbatim or paraphrased
throughout to facilitate a better understanding of Plan contents and requirements.
Requirements found in Article 1 (14 CCR §3500 et seq.) and Article 9 (14 CCR §3700 et seq.) of
SMARA’s implementing regulations are addressed under combined resource headings where
possible, to minimize duplication of Plan contents. SMARA citations and standards that follow
section headings in italics have been abbreviated.
1.2 Site History and Current Operating Entitlements
NorCal and its predecessors, including BCJ and KRC, have been continuously mining for sand and
gravel and producing aggregate products at the Mine since 1970 or earlier. In recent years until
2018, BCJ was operating the Mine, including in areas that were not explicitly covered by RP 78‐
99. In 2018, NorCal assumed the position of lessee for purposes of operating and reclaiming the
Mine. NorCal’s operations continue to reclaim the site by removing the non‐native Cherokee
hydraulic mine tailings that have washed down and filled the Ravine. In doing so, NorCal plans
to restore the property to a more natural, native terrain over time.
1.3 Vested Rights
SMARA exempts a vested rights holder from the need to acquire a permit to mine from the local
permitting agency as long as such vested rights continue and as long as no substantial changes
are made in the mining operation (Cal. Pub. Resources Code § 2776(a)). Under SMARA, a person
is deemed to have a vested right if, “prior to January 1, 1976, the person has, in good faith and
in reliance upon a permit or other authorization, if the permit or other authorization was
required, diligently commenced surface mining operations and incurred substantial liabilities for
work and materials necessary for the surface mining operations.” (Id.) The SMR Code, enacted
in 1993, similarly provides that any surface mining operation authorized to operate under a
permit issued prior to January 1, 1976, is exempt from the requirement to obtain a surface mining
permit (SMR Code §13‐113).
As stated in Section 1.2 above, the Mine has been continuously mined since 1970 or earlier, long
before the effective dates of SMARA (1976) and the SMR Code (1993). Butte County has
recognized the vested rights at the Mine since at least as far back as 1978.
1.4 Purpose for Revised Reclamation Plan [CCR §3502(a)]
In October 2018, the County performed an annual surface mine inspection and found that,
overall, operations have been performed in a manner that is consistent with the original RP 78‐
99 and would not preclude the site from reclamation. However, the County noted that
excavations appear to have extended beyond the approved boundaries of RP 78‐99, and
requested that the operator work to update its reclamation plan boundary.
Whether the County’s statement is accurate is uncertain; however, the Operator agrees that the
reclamation plan should be updated to include measures consistent with RP 78‐99 that result in
reclamation of all mine tailings.
Pentz Pit Mine Reclamation Plan 3 January 2021
In response, NorCal submitted application to the County for processing of this Plan as a minor
modification to the existing RP 78‐99 pursuant to BCC Section 13‐118 (Minor Modification). This
Plan has been developed to provide an environmentally superior update to the original RP 78‐99
and to accomplish the following objectives:
1. Update the original RP 78‐99 reclamation plan mapping to clearly delineate existing Mine
boundaries.
2. Encompass within the Mine boundary all existing disturbances that were not originally
explicitly denoted in RP 78‐99, without expanding those disturbances any further into
areas that were not already covered by RP 78‐99. This includes the areas south of the
existing processing plant site (disturbed by others) as well as a “gap area” east of the plant
where reclamation will continue to occur. The original RP 78‐99 already provides for
mining upstream of the existing “gap area.”
3. Apply the current reclamation standards, as set forth in SMARA CCR §3700 et seq., to all
additional portions of the reclamation boundary.
4. Identify the locations of existing temporary stream crossings in the Ravine.
5. Lay the necessary ground work for obtaining subsequent regulatory agency
authorizations for future stream crossings and restoration of the Ravine.
Both the County and NorCal believes that this Plan is consistent with the definition of a Minor
Modification, as defined in BCC §13‐103, because the proposed changes primarily serve to
address corrective measures recommended within the County’s 2018 Inspection Report, and do
not represent a substantial change to the activities described in the original RP 78‐99 or to the
goals and terms contained within it. NorCal’s operations continue to be conducted pursuant to
vested rights and the objectives for reclamation are well‐established by the original RP 78‐99 and
County file for the Mine. This Plan is consistent with the goals of the original RP 78‐99 for a return
to gently rolling foothills. Reclamation activities would continue to remove the non‐native
Cherokee hydraulic mine tailings that have washed down into the Ravine and restore the
property to a more natural state over time.
As part of the Plan modification, NorCal proposes no increase in production levels, no changes in
the existing methods of mining (other than better tracking of the annual progress of reclamation
through implementation of the new grading plan), and no new increase in areas approved for
mining beyond those disturbances that have already occurred. Reclamation activity would not
result in new significant environmental effects or a substantial increase in the severity of
previously identified environmental effects. Instead, this Plan will ensure beneficial reclamation
of areas that are not explicitly denoted in the original RP 78‐99 (where no explicit reclamation
performance standards were previously described).
This Plan addresses reclamation pursuant to SMARA and its implementing regulations for those
areas subject to vested mining rights including those areas originally covered under RP 78‐99.
Consistent with PRC §2773(a), this Plan is specific to these properties and based upon the
Pentz Pit Mine Reclamation Plan 4 January 2021
character of the site and surrounding areas. Site‐specific performance standards are included for
evaluating compliance with this Plan.
Consistent with SMARA Public Resources Code (“PRC”) §2712, this Plan has been developed to
assure that:
(a) Adverse environmental effects are prevented or minimized and that mined lands are
reclaimed to a usable condition which is readily adaptable for alternative land uses.
(b) The production and conservation of minerals are encouraged, while giving consideration
to values relating to recreation, watershed, wildlife, range and forage, and aesthetic
enjoyment.
(c) Residual hazards to the public health and safety are eliminated.
While the purpose of this Plan is to describe reclamation activities, ongoing vested surface mining
activities (e.g., excavation, material handling and aggregate processing) are also described and
referenced throughout for contextual purposes.
2.0 SURFACE MINING AND RECLAMATION ACT REQUIREMENTS
2.1 Description of Mining Operations
2.1.1 Name and Address of Operator and Agent [PRC §2772(c)(1)]
Operator:
NorCal Sand and Rock, Inc.
P.O. Box 8107
Chico, CA 95927
Contact: Michael Hickerson
Telephone: 503.855.8811
Email: mhickerson@ncsr‐co.com
2.1.2 Quantity and Type of Mineral to be Mined [PRC §2772(c)(2)]
Moving forward, approximately 1.2 million cubic yards of aggregates consisting of sand and
gravel is anticipated be mined. These aggregates were deposited in the Ravine as hydraulic
mining tailings from the historic Cherokee mine. Of this total, up to 15% (or 0.2 million cubic
yards) is anticipated to be discharged to silt ponds as aggregate process wash losses. The
remaining 1.0 million cubic yards (1.65 million tons at 1.65 tons per cubic yard) is anticipated to
be produced as saleable product. The recoverable aggregate varies in gradation from fine sand
to coarse gravel about 12 inches in diameter. As originally documented in RP 78‐99, the Mine is
anticipated to produce up to 250,000 cubic yards per year.
Pentz Pit Mine Reclamation Plan 5 January 2021
2.1.3 Initiation and Termination Dates [PRC §2772(c)(3)]
Surface mining operations are active and have been continuous since 1970 or earlier. The
estimated termination date for the surface mining operation is December 31, 2031, depending
on market conditions. This date is based on an estimated forward‐looking annual average
production rate of 150,000 tons per year.
2.1.4 Maximum Anticipated Depth of Mining [PRC §2772(c)(4)]
The maximum anticipated depth of the surface mining operation is generally ±40 feet below
ground surface (“bgs”) to a maximum bottom elevation of 410 feet msl in the west pit area (see
Sheets 2 and 3). However, in order to conform the east pit area side slopes to the surrounding
topography, the height of the reclaimed slope on the south side of the east pit area may be left
at ±80 feet (measured from crest to toe).
While this Plan reflects best available data, development of the mine excavations may vary due
to geologic, engineering, economic, and/or market conditions. As such, mining operations may
or may not reach the maximum depths and/or extents shown, and final reclamation contours
may vary throughout the site. Reclamation would, in any case, be completed according to the
standards described later in this Plan. Deviations from the Plan would be evaluated pursuant to
14 CCR §3502(d).
2.1.5 Reclamation Plan Map Requirements [PRC §2772(c)(5)]
Size, Legal Description, and Owners of Surface and Mineral Interests [PRC §2772(c)(5)(A)]
Surface and mineral interests for the areas subject to mining are owned by Baldwin Contracting,
Inc. Ownership information and the overall Plan footprint acreage is shown on Sheet 1. The Plan
boundary encompasses ±228 acres. Additional information relating to the legal descriptions for
the Plan boundary are found in Appendix A, Site Legal Description.
Property Lines, Setbacks, and Reclamation Plan Boundary [PRC §2772(c)(5)(B)]
Property lines, applicable setbacks and the Plan boundary are shown on Sheets 1 and 2.
Existing and Final Topography [PRC §2772(c)(5)(C)]
Existing topography is shown on Sheets 1 and 2. The topography of the site has been almost
entirely altered from its natural state as a result of past and present mining. Elevations within the
Plan boundary range from approximately 650 feet msl (at the east corner) to approximately 386
feet msl (at the west boundary). The planned final topography of the site is shown on Sheets 2
and 3.
Geologic Description [PRC §2772(c)(5)(D)]
See Figure 3, Site Geology Map.
Pentz Pit Mine Reclamation Plan 6 January 2021
Railroads, Utilities, Access, and Roads [PRC §2772(c)(5)(E)]
Site access, roads, notable utilities, and nearby rail lines are shown on Sheets 1 and 2 and Figure
2. The closest railroad line is approximately 1,400 feet to the southeast of the Plan boundary.
Preparation by Licensed Professionals As Required [PRC §2772(c)(5)(F)]
The Plan sheets have been prepared and stamped by Wayne Chang (Chang Consultants, Inc.), a
California‐licensed engineer.
2.1.6 Mining Description and Time Schedule [PRC §2772(c)(6)]
Mining Methods
The Mine is an open pit sand and gravel mine. No blasting is necessary. Mining/reclamation
operations will continue to progress with the removal of limited vegetation and soils that may lie
above marketable sand and gravel deposits. These vegetative and soil materials are only present
in limited locations and in limited quantities, since any native soils have either been covered by
Cherokee mine tailings or historically been washed downstream. Overlying materials, when
encountered, are removed using excavators and/or scrapers aided by a motor grader and
bulldozer as needed. As overburden is encountered, it will be directly placed or stockpiled for
later use to build berms and haul roads, cap silt ponds, and prepare a revegetation substrate.
After overlying materials are removed, sand and gravel is excavated using conventional
earthmoving equipment such as front‐end loaders, hydraulic excavators, and bulldozers.
Following excavation, the sand and gravel is transported by truck to the existing processing plant
where it is processed and sold as construction materials.
Equipment Use
Equipment employed at the site includes conventional scrapers, excavators, front‐end loaders,
motor graders and bulldozers. Haul trucks are used to transport materials from excavation areas
to the processing plant. Aggregate processing operations employ conventional sand and gravel
processing equipment, such as scrubbers (to wash aggregates), screens (to wash and sort
aggregates), crushers (to resize and reshape materials), conveyors (to move material between
processing plant components and stockpiles), and bins (for storage). Support equipment
includes, but is not limited to, water trucks (for dust control), truck scales, portable and
submersible water pumps, service/maintenance vehicles, trucks, cranes, loaders and fork‐lifts.
Schedule for Completion of Mining and Commencement of Reclamation
NorCal will continue to carry out reclamation at the earliest possible time on those portions of
the mined lands that will not be subject to further surface mining disturbances. Depending on
seasonal site conditions, mining may occur in both the east and west pit areas separately or at
the same time. Final reclamation, consisting of slope reclamation, revegetation and equipment
removal will generally commence as soon as final grades are achieved. An estimated time
schedule for mining and the commencement of reclamation is provided in Table 1, below.
Pentz Pit Mine Reclamation Plan 7 January 2021
TABLE 1
ANTICIPATED PROGRESSION OF MINING AND RECLAMATION
Area Mining
(Start)
Mining
(End)
Reclamation
(Start)
Reclamation
(End)
1. East Pit Active 2031 Ongoing 2034
2. West Pit Active 2031 Ongoing 2034
3. Processing Plant ‐‐ ‐‐ 2031 2034
Notes:
1. Anticipated mining schedule assumes annual production of approximately 150,000 tons per year.
2. Anticipated progression is approximate only. Actual timelines will vary depending on market and geologic
conditions.
3. The reclamation end date includes three years for monitoring.
This anticipated sequence and schedule is dependent upon many factors such as securing
regulatory entitlements, fluctuations in market demands, and need for specific aggregate
products. The reclamation end dates listed represent the anticipated date by which physical
reclamation activity will be complete. In addition to market conditions, monitoring periods for
specific aspects of reclamation (e.g., revegetation monitoring) may extend the final date of
reclamation sign‐off beyond these dates.
2.1.7 Public Health and Safety (Exposure) [CCR §3502(b)(2)]
Implementation of this Plan is not anticipated to jeopardize public health and safety during
mining or reclamation activity. The Mine is located on private property and the public is neither
presently exposed to the active operating areas at the site, nor will be during mining or
reclamation activity. All visitors to the site are required to sign‐in and undergo site‐specific safety
training as appropriate. Safety measures such as fencing, signs, and setbacks are employed to
ensure safety and restrict access. No portals, shafts, tunnels or other openings to underground
workings are mapped or proposed.
2.2 End Land Use
2.2.1 Proposed or Potential End Uses [PRC §2772(c)(7)]
The planned post‐mining end use is gently rolling foothills, which is consistent with the original
conditions of the site and the end use approved under RP 78‐99. NorCal’s operations continue
to reclaim the site by removing the non‐native Cherokee hydraulic mine tailings that have washed
down and filled portions of the Ravine. In doing so, NorCal plans to restore the property to a
more natural, native terrain over time.
The owner’s acknowledgment of the end use is evidenced by their consent to file application for
this Plan (see Appendix B, Owner’s Acknowledgement of Proposed End Uses).
Pentz Pit Mine Reclamation Plan 8 January 2021
2.2.2 Reclamation Measures Adequate for the End Use [PRC §2772(c)(8)]
As detailed later in this Plan, reclamation will generally involve the following actions to support
the planned end use:
1. Finish grading of pit slopes and surrounding areas to Plan specifications.
2. Decommissioning and removal of aggregate processing plant facilities, conveyors and
mining equipment.
o The following may be left to facilitate the planned end use: office trailer, fencing,
perimeter and screening berms, site access roads, groundwater wells, and utilities.
3. Decommissioning of temporary interior access roads by removing road base materials
(where present).
4. Redistributing stockpiled topsoil/growth media (if any) in preparation for revegetation.
5. Ripping, discing and/or scarifying disturbed areas as needed to relieve compaction and
remove rills or other surface irregularities to establish a suitable root zone in preparation
for revegetation.
6. Revegetation with native seed mixes as set forth in this Plan.
7. Implementation of best management practices as needed to minimize erosion and
sedimentation pursuant to applicable standards.
8. Collecting and disposing of any incidental refuse or garbage in accordance with applicable
standards.
2.2.3 Impact of Reclamation on Future Mining in the Area [PRC §2772(c)(9)]
Implementation of this Plan will not preclude future mining in the area if marketable resources
are found, subject to first obtaining necessary approvals to do so.
2.3 Environmental Setting [CCR §3502(b)(1)]
2.3.1 Site Location
The site is located at 4970 Slickens Road in unincorporated Butte County along the boundary
between the base of the Sierra Nevada foothills and the eastern edge of the Sacramento Valley
floor in Butte County, California (USGS Cherokee 7.5 minute quadrangle). See Figure 1. The Plan
boundary is located within Township 21 North, Range 3 East (Sections 25 and 30) and Range 4
East (Section 30), Mt. Diablo Base and Meridian. The Mine site office is located at Latitude
39.639o and Longitude ‐121.586o.
2.3.2 Assessor Parcels, Zoning and General Plan Designations
The Assessor Parcel Numbers within the Plan boundary are shown on Table 2, below. The Butte
County General Plan designates the site as “Agriculture” and the site’s current zoning
Pentz Pit Mine Reclamation Plan 9 January 2021
classifications are “AG‐40” (agriculture with 40 acre minimum parcel size) and “AG‐160”
(agriculture with 160 acre minimum parcel size). See Figure 4, Parcel, Zoning, and Land Use Map.
TABLE 2
ASSESSOR PARCEL NUMBERS, GENERAL PLAN, AND ZONING
APN Acres (±) General Plan Zoning
041‐120‐075 88.8 Agriculture AG‐40
041‐120‐082 76.2 Agriculture AG‐40
041‐120‐104 15.5 Agriculture AG‐40
041‐720‐016 53.4 Agriculture AG‐40
041‐720‐002 165.9 Agriculture AG‐160
041‐720‐005 36.7 Agriculture AG‐40
041‐720‐008 25.0 Agriculture AG‐40
Total: 461.5
Source: Butte County Assessor, Parcel Search (retrieved March 31, 2020).
2.3.3 Access and Utilities
Access roads, waterways and utilities are shown on Figure 2 as well as Sheets 1 and 2. Access to
the site is currently provided via the main entrance at Wheelock Road. On‐site utilities include
power and water from an on‐site well.
The access points and roads that will remain are shown on Sheets 1 and 2.
2.3.4 Geology
The Mine is located on an aggregate fan of mine tailings deposited along the boundary between
the base of the Sierra Nevada foothills and the eastern edge of the Sacramento Valley floor in
Butte County, California (USGS Cherokee 7.5 minute quadrangle). See Figure 3. The tailings are
believed to have been deposited primarily from the Cherokee hydraulic mine approximately one
mile to the east and upstream of the site. In addition to these tailings, the northern portion of
the site is mapped as Chico Formation (Kc), from the Late Cretaceous period, comprised of
fossiliferous marine sandstone; lenticular beds of pebble to cobble conglomerate; and minor
siltstone.
2.3.5 Soils
Table 3 below summarizes the soil units mapped for the site by the Natural Resources
Conservation Service. The distribution of these soil types across the property is shown on Figure
5, NRCS Soils Map. Approximately 95 percent of the Mine is mapped as Typic Xerofluvents,
sandy‐skeletal, 0 to 2 percent slopes. Significant quantities of topsoil are not expected to be
encountered in carrying out the objectives of this Plan.
Pentz Pit Mine Reclamation Plan 10 January 2021
TABLE 3
NRCS SOIL SUMMARY
Map Unit
Symbol Map Unit Name Typical Profile
361 Typic Xerofluvents, sandy‐skeletal, 0
to 2 percent slopes
A ‐ 0 to 3 inches: gravelly loamy coarse sand
C1 ‐ 3 to 9 inches: very gravelly loamy coarse sand
C2‐5 ‐ 9 to 40 inches: very gravelly coarse sand
C6 ‐ 40 to 50 inches: gravelly sand
C7 ‐ 50 to 98 inches: extremely gravelly coarse sand
365 Palexerults, 15 to 30 percent slopes A ‐ 0 to 2 inches: gravelly loam
Bt1 ‐ 2 to 12 inches: gravelly loam
Bt2 ‐ 12 to 20 inches: clay loam
2Bt3 ‐ 20 to 29 inches: silty clay
2BCt ‐ 29 to 46 inches: silty clay
2C ‐ 46 to 65 inches: silty clay
2Cd ‐ 65 to 75 inches: bedrock
370 Palexerults, 2 to 15 percent slopes A ‐ 0 to 2 inches: gravelly loam
Bt1 ‐ 2 to 12 inches: gravelly loam
Bt2 ‐ 12 to 20 inches: clay loam
2Bt3 ‐ 20 to 29 inches: silty clay
2BCt ‐ 29 to 46 inches: silty clay
2C ‐ 46 to 65 inches: silty clay
2Cd ‐ 65 to 75 inches: bedrock
376 Flag canyon‐Wickscorner, 2 to 5
percent slopes
A ‐ 0 to 3 inches: gravelly loam
Bt1 ‐ 3 to 9 inches: very gravelly loam
Bt2 ‐ 9 to 14 inches: very gravelly loam
2Bt3 ‐ 14 to 30 inches: very gravelly clay loam
3Btq1 ‐ 30 to 53 inches: extremely gravelly sandy clay
loam
3Btq2 ‐ 53 to 65 inches: extremely gravelly sandy clay
669 Orosh ore‐Mounthope‐Dunstone, 3 to
15 percent slopes
A ‐ 0 to 2 inches: gravelly loam
Bt1 ‐ 2 to 15 inches: gravelly clay loam
Bt2 ‐ 15 to 28 inches: very cobbly clay loam
Bt3 ‐ 28 to 34 inches: extremely gravelly clay loam
Crt ‐ 34 to 44 inches: bedrock
670 Orosh ore‐Mounthope‐Dunstone, 15
to 30 percent slopes
A ‐ 0 to 2 inches: gravelly loam
Bt1 ‐ 2 to 15 inches: gravelly clay loam
Bt2 ‐ 15 to 28 inches: very cobbly clay loam
Bt3 ‐ 28 to 34 inches: extremely gravelly clay loam
Crt ‐ 34 to 44 inches: bedrock
671 Orosh ore‐Mounthope‐Dunstone, 30
to 50 percent slopes
A ‐ 0 to 2 inches: gravelly loam
Bt1 ‐ 2 to 15 inches: gravelly clay loam
Bt2 ‐ 15 to 28 inches: very cobbly clay loam
Bt3 ‐ 28 to 34 inches: extremely gravelly clay loam
Crt ‐ 34 to 44 inches: bedrock
Pentz Pit Mine Reclamation Plan 11 January 2021
2.3.6 Seismicity
There are no active faults mapped within the Plan boundary and the site is not within an
Earthquake Fault Zone as mapped by the California Geological Survey. Therefore, the potential
for ground rupture due to onsite active faulting is considered low. The closest known active fault
is the Bangor fault zone located to the southeast of Oroville (California Geologic Survey).
2.3.7 Biological Resources and Communities
Biological Resources Services, LLC (“BRS”) assessed the potential for sensitive biological
communities, special‐status plant and wildlife species, and sensitive biological resources at the
site (see Appendix C, Biological Resources Analysis). BRS completed field assessments in January
2020. No designated critical habitat for federally threatened or endangered species are located
on site. BRS also conducted a preliminary delineation of Waters of the United States for the site
(see Appendix D, Aquatic Resources Delineation Map). The key findings of BRS’ biological and
aquatic resources assessments are summarized below.
Vegetative Communities
Based on the results of BRS’ assessment, the Plan boundary supports 13 plant communities that
consist of:
1. Annual grassland
2. Chaparral
3. Foothill pine‐interior live oak woodland
4. Blue oak woodland
5. Valley oak‐sycamore riparian forest
6. Cottonwood riparian woodland
7. Willow riparian scrub
8. Settling ponds
9. Fresh water pond
10. Quarry pond
11. Mining related depression
12. Ruderal
13. Developed
These communities provide habitat to a number of common species of wildlife and may provide
suitable habitat for certain special‐status plant and wildlife species. Historic mining activities
have disturbed many of these communities but reclamation activities are expected to improve
Pentz Pit Mine Reclamation Plan 12 January 2021
the functions and values of these habitats over time as the property is restored to a more natural
state.
Special Status Plant Species
Based on the results of BRS’ assessment, the following special‐status plant species have potential
to occur in the Plan area:
1. Big‐scale balsamroot (Balsamorhiza macrolepis). CNPS List 1B.2.
2. Dissected‐leaved toothwort (Cardamine pachystigma var. dissectifolia). CNPS List 1B.2.
3. White‐stemmed clarkia (Clarkia gracilis ssp. albicaulis). CNPS List 1B.2.
4. Mildred’s clarkia (Clarkia mildrediae ssp. mildrediae). CNPS List 1B.3.
5. Mosquin’s clarkia (Clarkia mosquinii). CNPS List 1B.1.
6. Clifton’s eremogone (Eremogone cliftonii). CNPS List 1B.3.
7. California satintail (Imperata brevifolia), CNPS List 2B.1.
8. Red Bluff dwarf rush (Juncus leiospermus var. leiospermus). CNPS List 1B.1.
9. Colusa Layia (Layia septentrionalis). CNPS List 1B.2.
10. Ahart’s Paronychia (Paronychia ahartii). CNPS List 1B.1.
11. California Beaked‐Rush (Rhynchospora californica). CNPS List 1B.1.
12. Brownish Beaked‐Rush (Rhynchospora capitellata). CNPS List 2B2.
13. Sanford’s Arrowhead (Sagittaria sandfordii). CNPS List 1B2.
14. Butte County Checkerbloom (Sidalcea robusta). CNPS List 1B.2.
However, none of these species were observed on the site.
Special Status Wildlife Species
Based on the results of BRS’ assessment, special‐status wildlife species could potentially occur in
the annual grassland, chaparral, woodland, riparian, and seasonal wetland habitats supported by
the Study Area. In addition, some state‐protected raptors could forage on the area. The
following special status wildlife species may have potential to occur on site:
Invertebrates
1. Vernal Pool Fairy Shrimp (Branchinecta lynchi). Federally Threatened.
2. Vernal Pool Tadpole Shrimp (Lepidurus packardi). Federally Endangered.
3. California Linderiella (Linderiella occidentalis). Federal Species of Special Concern.
4. Valley elderberry longhorn beetle (Desmocerus californicus dimorphus). Federally
Threatened.
Pentz Pit Mine Reclamation Plan 13 January 2021
The seasonal and emergent wetland habitats and mining related depressions within the Plan area
may provide suitable conditions to support the vernal pool fairy shrimp, vernal pool tadpole
shrimp, and California linderiella. However, no further mining‐related activities are planned in
these areas. The Study Area does not occur within designated critical habitat for vernal pool fairy
and tadpole shrimp. None of these species were observed on site and no impacts to these species
are expected as a result of reclamation.
While two elderberry shrubs were found within the Plan area, BRS carefully examined the stems
of both shrubs for the presence of exit holes that may indicate presence of the valley elderberry
longhorn beetle – no exit holes were detected.
Amphibians
1. Foothill Yellow‐Legged Frog (Rana boylii). Federal Species of Special Concern, California
Species of Special Concern. Not observed.
The relatively high‐velocity flows observed within the intermittent stream associated with the
Ravine may preclude the presence of Foothill Yellow‐legged frog within the Plan area. However,
lower velocity tributaries into this system, as well as lower down the valley floor towards, and in,
Dry Creek, may provide potentially suitable habitat for this species. Protocol‐level surveys would
need to be conducted to determine presence/absence of this species prior to performing work
in these areas.
Reptiles
1. Northwestern Pond Turtle (Actinemys marmorata). California Species of Special Concern.
Not observed.
The mosaic of slow‐moving mine tailing streams and historic settling ponds in the willow riparian
scrub habitat located in the far western portion of the Plan area could provide potentially suitable
habitat for this species. However, mining is not planned in these areas.
Birds
1. Cooper’s Hawk (Accipiter cooperii) and Sharp‐shinned Hawk (Accipiter striatus); State
Protected. Not observed.
2. Tricolored Blackbird (Agelaius tricolor). Federal Species of Special Concern, California
Species of Special Concern. Not observed.
3. Golden Eagle (Aquila chrysaetos). California Species of Special Concern, State Protected.
Present.
4. Red‐Shouldered Hawk (Buteo lineatus). State Protected. Present.
Pentz Pit Mine Reclamation Plan 14 January 2021
Mammals
1. Western mastiff bat (Eumops perotis californicus); California Special Concern species. Not
observed.
2. Silver‐haired bat (Lasionycteris noctivagans), California Special Concern species. Not
observed.
Fisheries
No special‐status fisheries are present or have potential to occur at the site. While delta smelt
were identified on the USFWS IPaC Letter as potentially occurring in the vicinity of the Plan area,
the Plan area does not provide suitable aquatic habitat for this species.
2.3.8 Hydrology
Groundwater
No mining is planned in groundwater. Groundwater elevations are expected to vary depending
upon the amount and intensity of rainfall in the area. Based on estimates found in the report
titled Spring & Fall 2019 Groundwater Level Conditions, published by Butte County Water and
Resources Conservation, groundwater may occur within 15 feet below ground surface in the
lower elevation of the site. A freshwater pond that was formerly excavated into groundwater
serves as a source of make‐up water for the processing plant. Water used in processing
aggregates is recycled and none is wasted.
Regulated Wetlands and Waters
BRS conducted a preliminary jurisdictional determination (PJD) of wetland and “other waters” in
January 2020, which identified the presence of regulated waters of the U.S. within the Plan area.
A small portion of Dry Creek crosses through the Plan area along the far western boundary, and
an unnamed intermittent stream associated with Sawmill Ravine occurs throughout the length
of the Plan area flowing in an east‐to‐west direction. Various mining related depressions and
ephemeral drainages are also present in portions of the Plan area. Some of these features may
be considered jurisdictional by either the U.S. Army Corps of Engineers (“USACE”), California
Department of Fish and Wildlife (“CDFW”) and/or Regional Water Quality Control Board
(“RWQCB”). If so, any proposed mining activities associated within said features would be subject
to permits from these agencies.
Based on information obtained during the January 2020 field delineation, BRS determined that
there are a total of 37.785 acres of potentially jurisdictional wetland features mapped within the
Study Area (see Appendix D). Of this total, 0.013 acres were mapped as seasonal wetland, 0.855
acres were mapped as emergent wetlands, and 36.917 acres were mapped as willow riparian
scrub. There are also approximately 11.089 acres/8820.1 linear feet of “other waters” associated
with Dry Creek and Sawmill Ravine that are potentially jurisdictional. The vast majority of these
waters will be avoided.
Pentz Pit Mine Reclamation Plan 15 January 2021
The Plan area also contains “other waters” comprised of active industrial ponds and mining
related depressions, which should not be jurisdictional pursuant to 33 CFR §328.3. As stated in
33 CFR §328.3, water‐filled depressions created in dry land incidental to mining or construction
activity including pits excavated for obtaining fill, sand, or gravel that fill with water would not
meet the definition of waters of the U.S.
2.4 Effect on Surrounding Land Uses [CCR §3502(b)(1)]
2.4.1 Surrounding Land Uses
The predominant land uses in the general vicinity of the site are aggregate mining, open space,
cattle grazing, and very low density rural residential. The reclaimed Lucky 7 mine, which was
once a part of the original Pentz Pit mine boundary, is located to the north of the site.
2.4.2 Effect that Reclaimed Site Conditions May Have on Surrounding Land Uses
As described above, the planned end use for the Mine is gently rolling foothills, which is
consistent with the original conditions of the site and the end use approved under RP 78‐99.
NorCal’s operations will continue to reclaim the site by removing the non‐native Cherokee
hydraulic mine tailings that have washed down and filled portions of the Ravine. In doing so,
NorCal plans to restore the property to a more natural, native terrain over time. Accordingly, as
compared to present conditions at the site, implementation of this Plan should have a beneficial
(rather than adverse) effect on surrounding land uses.
2.5 Slope Stability and Disposition of Fill Materials
2.5.1 Final Slopes; Slope Angles Flatter than Critical Gradient [CCR §3502(b)(3)]
CCR §3704(f). Final cut slopes have minimum factor of safety for end use and conform
with surrounding topography and/or approved end use.
Final cut slopes will be left at 2H:1V or flatter and conform to surrounding topography to the
extent practicable (see Sheets 2 and 3). The finish slope angles are flatter than the natural angle
of repose of the material, as evidenced by steep standing slope faces along the north and south
sides of the east pit area. These finish slopes are adequate for the planned end use.
2.5.2 Fill Slopes and Compaction Standards
CCR §3502(b)(4). The source and disposition of fill materials used for backfilling or grading
shall be considered in the reclamation plan. Where end uses are sensitive
to settlement, include compaction of the fill materials in conformance with
good engineering practice.
CCR §3704(a). For urban use, fill compacted in accordance with UBC, local grading
ordinance, or other methods approved by the lead agency.
Pentz Pit Mine Reclamation Plan 16 January 2021
CCR §3704(b). For resource conservation, compact to standard for that end use.
CCR §3704(d). Final reclamation fill slopes not exceed 2:1, except when allowed by site‐
specific engineering analysis, and can be revegetated.
CCR §3704(e). At closure, final landforms of fills conform with surrounding topography
and/or approved end use.
Final reclamation fill slopes, if any, will not exceed 2H:1V. Backfills should not be necessary to
achieve the design finish slopes. Backfill for urban uses, human occupancy, or resource
conservation purposes is also not proposed. Final landforms have been specifically designed to
be suitable for the planned end use.
2.6 Hydrology and Water Quality
2.6.1 Surface and Groundwater Quality Protected in Accordance with Porter‐Cologne and
Clean Water Acts [CCR §3710(a)]
CCR §3706(a). Mining and reclamation to protect downstream beneficial uses.
CCR §3706(b). Water quality, recharge, and groundwater storage that is accessed by
others shall not be diminished, except as allowed by plan.
CCR §3503(b)(2). Substantially prevent siltation of groundwater recharge areas.
Surface and groundwater will continue to be protected from siltation and pollutants as required
by the Federal Clean Water Act, the California Porter‐Cologne Water Quality Control Act, County
ordinances, RWQCB and the State Water Resources Control Board.
The Operator will comply with National Pollutant Discharge Elimination System (“NPDES”)
Industrial Storm Water General Permit requirements, including implementation of a Storm Water
Pollution Prevention Plan (“SWPPP”) with Best Management Practices (“BMPs”) to control
erosion, sedimentation, and pollution. As required, the Operator will also implement a Spill
Prevention, Control, and Countermeasure Plan (“SPCC Plan”) and Hazardous Materials Business
Plan pursuant to 40 CFR Part 112 and 19 CCR Section 2729, respectively.
Surface mining and reclamation activities are not expected to affect downstream beneficial uses
of water, or the quality of water, recharge potential, or storage capacity of groundwater aquifers.
Based on the anticipated maximum depth of excavation (to elevation 410 feet msl), groundwater
is not expected to be encountered and a buffer of up to 15 feet should exist between
groundwater levels and the fully developed mine floor. Water used in processing aggregates is
recycled and none is wasted. Water lost through evaporation or incorporated into product is
replaced from a freshwater pond that was formerly excavated in groundwater (see Figure 2 for
the location of this pond).
Pentz Pit Mine Reclamation Plan 17 January 2021
2.6.2 Drainage, Sediment and Erosion Control [PRC §2773(a)]
CCR §3503(a)(3). Erosion control facilities constructed and maintained where necessary.
CCR §3503(b)(1). Settling ponds used where they will provide significant benefit to water
quality.
CCR §3503(e). Grading and revegetation to minimize erosion and convey surface runoff to
natural drainage courses or interior basins. Spillway protection.
CCR §3706(c). Erosion and sedimentation controlled during all phases of construction,
operation, reclamation, and closure of surface mining operation to
minimize siltation of lakes and water courses per RWQCB/SWRCB.
CCR §3706(d). Surface runoff and drainage controlled to protect surrounding land and
water resources. Erosion control methods designed for not less than 20
year/1 hour intensity storm event.
CCR §3706(e). Altered drainages shall not cause increased erosion or sedimentation.
Drainage and Erosion Control
This Plan is designed to minimize erosion and retain direct precipitation and run‐on in the interior
mining areas. As required by CCR §3706(d), erosion control methods have been designed for the
20 year/1 hour intensity storm event (see Sheet 1, Note 4). Surface runoff will be allowed to
collect in the mine floor before it evaporates, infiltrates, or is used on‐site (e.g., for dust control).
The Operator will comply with the NPDES General Permit requirements by implementing a
SWPPP that includes BMPs to control erosion, sedimentation, and pollution. These measures will
ensure that water courses are protected from erosion, gullying, sedimentation and potential
contamination. Slopes will be vegetated with appropriate native seed mixes once final
reclamation grades are achieved.
Settling Ponds and Basins (CCR §3503(b)(1))
This Plan incorporates the continued use of settling ponds to capture and settle aggregate
process wash fines (or silts) from the aggregate production process as is typical of aggregate
mines. Settling ponds have been used at the site since the onset of aggregate processing
activities. See Figure 2 for the location of settling ponds. The Operator will continue to use the
settling ponds until they reach capacity, at which time the ponds will be revegetated. The use of
settling ponds will continue to minimize the potential sedimentation of Dry Creek (downstream
of the site).
Pentz Pit Mine Reclamation Plan 18 January 2021
2.6.3 Contaminant Control and Mine Waste Disposal [PRC §2772(c)(8)(A)]
CCR §3503(a)(2). Overburden stockpiles managed to minimize water and wind erosion.
CCR §3503(d). Disposal of mine waste and overburden shall be stable and not restrict
natural drainage without suitable provisions for diversion.
CCR §3712. Mine waste and tailings, and mine waste disposal units governed by
SWRCB/IWMB (Article 1, Subchapter 1, Chapter 7, Title 27, CCR).
Mine waste will be limited to wash fines (silts) generated from aggregate processing, and general
refuse/trash. Wash fines will eventually fill the silt ponds for a return to gently sloping land in
these areas. Surplus wash fines, if any, may be blended with other native substrate materials as
a soil upgrade. Wet wash fines will not be used for any construction or engineer fill applications.
General refuse/trash will be hauled and disposed of off‐site in accordance with applicable
standards.
Settling pond areas have been designed for a generally even profile. Fill slopes, perimeter berms,
and temporary stockpiles will be seeded and wetted as needed to minimize water and wind
erosion, and will not restrict natural drainage courses. No material stockpiles will be left
following reclamation. However, any berms installed for safety along roads may be left in place
to promote safe access across the property following reclamation.
2.6.4 In‐stream Activities [CCR §3710(b)]
PRC §2772(c)(8)(B). Rehabilitation of streambanks/beds to minimize erosion.
CCR §3502(b)(6). Temporary stream and water diversions shown.
CCR §3706(f)(1). Stream diversions constructed in accordance with Fish and Game Code.
CCR §3706(f)(2). Stream diversions constructed in accordance with Federal Clean Water Act
and Rivers and Harbors Act of 1899.
CCR §3706(g). All temporary stream diversions eventually removed.
CCR §3710(c). In‐stream channel elevations and bank erosion evaluated annually using
extraction quantities, cross‐sections, aerial photos.
CCR §3710(d). In‐stream mining not cause fish to be trapped in pools or off‐channel pits,
or restrict migratory or spawning activities.
Reclamation will involve the removal of historic Cherokee mine tailings from portions of the site
and the Ravine. To accomplish this reclamation objective, limited in‐stream excavation may need
to occur.
Pentz Pit Mine Reclamation Plan 19 January 2021
In order to implement the Plan to the full extents of the design reclamation contours, temporary
stream crossings and a temporary stream diversion of a portion of the Sawmill Creek may be
needed to direct dry season flows around the reclamation footprint and back into the channel
downstream. The location of an existing temporary stream crossing is shown on Figure 2. The
temporary crossings would be developed with culverts and removed by October of each year
(i.e., the rain season). All temporary stream crossings will be removed prior to the completion of
reclamation.
The temporary stream diversion would be more specifically located in the future at the time it is
needed and would be constructed in accordance with a Lake and Streambed Alteration
Agreement between the Operator and CDFW in accordance with Fish and Game Code. The
diversion may also be subject to the jurisdiction of the USACE, who would ensure through
Department of the Army 404 permit authorizations that any necessary diversions are conditioned
to comply with the Federal Clean Water Act. The Rivers and Harbors Act is not applicable. Any
temporary diversions would be removed prior to the completion of reclamation.
Any extraction of sand and gravel from the wetted portion of the stream associated with the
Ravine will be conducted and closely monitored by the Operator to control channel degradation
and prevent increased stream bank erosion. These extraction activities would occur only after
appropriate authorizations are obtained from the applicable regulatory authorities. There are
no nearby bridge supports, pipelines, structures buried within the channel, or spawning habitats
that would be affected. Riparian vegetation downstream of the east pit mining area in what has
been mapped as riparian scrub habitat has naturally restored itself following decades of mine
and reclamation‐related disturbances (as clearly shown in the aquatic resource delineation map
included in Appendix D). Changes in channel elevations and bank erosion will be evaluated
annually using records of annual extraction quantities and benchmarked annual cross‐sections
and/or sequential aerial photographs to determinate appropriate extraction locations and rates.
This information will be made available to the County upon request.
In‐stream activities would not cause fish to be trapped or restrict migratory or spawning
activities, as the site does not support habitat for fisheries.
2.7 Protection of Fish and Wildlife Habitat [CCR §3503(c)]
CCR §3703(a). Sensitive species conserved or mitigated.
CCR §3703(b). Wildlife habitat at least as good as pre‐project, if approved end use is
habitat.
CCR §3703(c). Wetlands avoided or mitigated at 1:1 minimum.
CCR §3704(g). Piles or dumps not placed in wetlands without mitigation.
Pentz Pit Mine Reclamation Plan 20 January 2021
The Plan footprint is permitted for surface mining disturbances pursuant to vested rights and
reclamation entitlements. Nearly all of the Plan boundary has already been disturbed by past
and present surface mining activity. Limited additional habitat would be disturbed.
Although reclamation to an end use of wildlife habitat is not proposed, implementation of this
Plan will provide habitat functions and values that represent a vast improvement compared to
existing conditions at the site. The small stream associated with the Ravine in the Plan area is a
highly degraded and disturbed system resulting from the deposition of historic tailings from the
Cherokee mine to the east. Hydrologic alterations within the Ravine and in adjacent areas have
potentially altered stream flow, bank condition, and riparian vegetation as compared to historical
conditions. However, as approved under RP 78‐99, NorCal’s operations will continue to remove
the non‐native Cherokee tailings that have filled portions of the Ravine and in turn restore the
property to a more natural, native terrain over time.
Habitat disturbances associated with carrying out the objectives of this Plan will primarily be
associated with the in‐stream activities including a potential dry season diversion of a portion of
the intermittent stream associated with the Ravine. These activities will be the subject of
regulatory review and oversight, including review by regulatory agencies (e.g., USACE, U.S. Fish
and Wildlife Service, RWQCB and CDFW) who may impose specific measures for avoidance,
minimization, or mitigation of potential impacts. Where wetland features are present, they will
either be avoided or mitigated at 1:1 minimum ratios. No fills will be placed in wetlands without
proper authorizations. For any sensitive avian species, active nests will be avoided during the
nesting season or appropriate mitigation will be implemented as required by the responsible
regulatory agency.
To ensure compliance with CCR Section 3703, the Operator will append any permit conditions of
approval and mitigation measures that relate to reclamation of mined lands to this approved
Plan, pursuant to PRC Section 2772.1(b)(7)(B). Appendix E, Reclamation Related Conditions of
Approval [Reserved], is included as a placeholder for this purpose.
Ultimately, the site will be reclaimed with native habitats that better resemble conditions that
once existed prior to the deposition of Cherokee mine tailings. Accordingly, as compared to
present conditions at the site, implementation of this Plan should have a beneficial (rather than
adverse) effect on on‐site habitats.
Based on recommendations presented by BRS, the Operator will implement the following
specific measures to further protect species and habitats:
1. Implementation of a SWPPP with BMPs, such as silt fencing and check‐dams, to reduce
the potential for erosion turbidity.
2. To avoid impacts to nesting birds, the removal of tree, shrub and/or herbaceous
vegetative cover if any will generally occur outside the breeding season, which is typically
between (January) 15 February and August 30 of each year.
Pentz Pit Mine Reclamation Plan 21 January 2021
3. A nesting raptor survey will occur 72 hours prior to the removal of vegetation to
determine presence/absence of nesting raptor species. If any active raptor nests are
found, then mining‐related activity will maintain a buffer of at least 150 feet around the
nest during the breeding season from March to August and the area will be protected
until August 15 or until the young have fledged (typically 3 to 4 weeks).
4. A protocol‐level Foothill yellow‐legged survey would be conducted to determine
presence/absence of this species prior to performing work in any new areas containing
low velocity ephemeral drainage tributaries or reclamation activity adjacent to Dry Creek.
Should any mining activities take place near any confirmed species, a reasonable buffer
to be determined in consultation with CDFW will be maintained until appropriate
authorizations are obtained or activity no longer occurs in that area.
5. A protocol‐level preconstruction floristic survey will be performed prior to any new
mining disturbances to identify the location of any listed special‐status plants. Should any
mining activities take place near any confirmed listed plant species, a reasonable buffer
to be determined in consultation with CDFW will be maintained until activity no longer
occurs in that area.
2.8 Resoiling [CCR §3503(f)]
CCR §3704(c). Mine waste stockpiled to facilitate phased reclamation and separate from
growth media.
CCR §3503(a)(1). Removal of vegetation and overburden preceding mining kept to a
minimum.
CCR §3711(a). All salvageable topsoil removed. Topsoil and vegetation removal not
precede mining by more than one year.
CCR §3711(b). Topsoil resources mapped prior to stripping, location of stockpiles on map.
Topsoil and growth media in separate stockpiles.
CCR §3711(c). Soil salvage and phases set forth in plan, minimize disturbance, designed
to achieve reveg success.
CCR §3711(d). Topsoiling phase ASAP. Topsoil stockpiles not be disturbed until needed.
Topsoil stockpiles clearly identified and planted with vegetation or
otherwise protected.
CCR §3711(e). Topsoil redistributed in stable site and consistent thickness.
CCR §3707(b). Segregate and replace topsoil by horizon.
CCR §3705(e). Soil altered or other than native topsoil, requires soil analysis. Amend if
necessary.
Pentz Pit Mine Reclamation Plan 22 January 2021
Based on the site‐specific soils information, growth media for revegetation will likely be limited
to native sands and soils that may be located below the Cherokee mine tailings after final
excavation grades are achieved. As originally described in RP 78‐99, the majority of topsoil that
may have existed at the onset of reclamation operations (dating at least as far back as 1970) has
either been washed downstream or covered by the historic Cherokee mine tailings. As
excavations progress to the original ground contours on off channel areas native soil may be
exposed. At this point the excavations for aggregate recovery would stop and the native soil
could serve as a suitable revegetation substrate. No resoiling or revegetation is planned in‐
stream.
Figure 5 indicates that mining areas are overlain by fluvent soils deposited by flood events, which
are comprised of the Cherokee mine tailings. Lacking an abundance of traditional topsoil, the
sand deposits likely constitute the best available substrate materials at the site. If necessary to
achieve the planned end use, then these materials could be blended with wash fines (contained
in the settling ponds) to enhance nutrient and water holding capacity of the soils.
Prior to revegetation, the Operator will generally handle soils and prepare a revegetation
substrate in the following manner:
1. Remove soils only as necessary to access new mining areas and use them for reclamation
as soon as it can be accommodated by the mining schedule.
2. Remove all salvageable topsoil, if any distinguishable topsoil horizon can be identified, as
a separate layer. However, this is not expected based on the site‐specific soil conditions.
3. Limit topsoil and vegetation removal to not precede mining by more than one year, unless
a longer time period is approved by the County.
4. Where possible, place soils that have been removed (if any) for direct use in reclamation.
Where salvaged topsoil cannot be used immediately for reclamation, stockpile it
separately from other overburden and do not disturb until needed for reclamation.
5. Install signage for topsoil stockpiles (if any) to keep them clearly distinguishable from
other stockpiled materials.
6. Seed soil stockpiles with an appropriate seed mixture as needed to prevent water and
wind erosion and to discourage weed growth (see erosion control seed mix in Section
2.9.1 below).
7. Prior to resoiling, rip, disc and/or scarify fill areas as needed to relieve compaction and
remove rills, ruderal vegetation, or other surface irregularities.
8. Redistribute available topsoil (or surplus process wash fines) in preparation for
revegetation, with a target thickness of 4 to 6‐inches of growth media atop other native
substrate materials in the mine floor or on mine slopes.
Pentz Pit Mine Reclamation Plan 23 January 2021
o The thickness of soil redistributed on the site during reclamation will vary. The
target thickness of 4 to 6‐inches is only a guideline based on available site specific
soil information. It is possible that the existing sand deposit will represent the
best available revegetation substrate for the site.
The site is not located on prime agriculture ground and reclamation to prime agriculture is not
proposed; therefore, segregation and replacement of topsoil by horizons (CCR §3707(b)) is not
required.
2.9 Revegetation [CCR §3705]
2.9.1 Vegetative Cover and Planting Procedures
CCR §3503(g). Revegetation and plant survival (use available research).
CCR §3705(a). Vegetative cover, suitable to end use, self‐sustaining. Baseline studies
documenting cover, density and species richness.
CCR §3705(c). Decompaction of site.
CCR §3705(g). Use native plant species, unless exotic species meet end use.
CCR §3705(h). Plant during correct season.
CCR §3705(i). Use soil stabilizing practices and irrigation, when necessary to establish
vegetation.
CCR §3707(d). Fertilizers and amendments not contaminate water.
This revegetation plan is specific to the property and includes site‐specific criteria for evaluations
of compliance with this Plan’s revegetation objectives. Consideration has been given to the
topography, resoiling characteristics (including limited soil availability), and climate of the mined
areas. As disturbed areas become available for reclamation, revegetation will generally proceed
in the following manner:
1. Substrate Preparation. As described in Section 2.8, each area to be re‐vegetated will be
treated as necessary to create or improve the soil substrate. These measures will include
scarification of existing substrate to relieve compaction as well as addition of any available
growth media available at the site to areas that lack suitable soil substrate. Scarification
may consist of discing, ripping, deep ripping, or a combination of these methods
depending on the texture of the substrate and the extent of compaction.
2. Application of Herbicides. Application of herbicides may be used ahead of planting to
minimize potential for weed growth.
Pentz Pit Mine Reclamation Plan 24 January 2021
3. Seeding. Following substrate preparation a seed mix (described below) will be applied via
hydro‐seed (most effective for slopes) or broadcast seed method (suitable for other
graded areas such as the reclaimed plant site and silt ponds). Ideally, hydroseeding will
be conducted in the early fall season (October‐November) to take advantage of the
natural rainfall for seed germination. The seed will be mixed with mulch, fertilizer and
tackifier as needed for each situation.
4. Monitoring. A qualified biologist or botanist will monitor re‐vegetated areas annually for
a minimum of three years to assess whether revegetation is proceeding successfully.
Revegetation success will be judged pursuant to the performance standards outlined later
in this Plan. The monitoring program shall be considered complete if during the last two
years plantings required no human intervention. If intervention is necessary after the
second year of monitoring, then remedial measures will be implemented and monitoring
will continue until such time as the performance standards can be met or this Plan is
modified in consultation with the County. Monitoring reports will summarize the
reclamation responsibilities, construction and revegetation completed, monitoring
implemented, and revegetation results compared to established success criteria. Photo
documentation and field data will also be provided in appendices to the monitoring
reports. If it is apparent that some reclamation features may not achieve intended success
criteria, then potential remediation opportunities will be evaluated or suggested and
provided in the report.
Although RP 78‐99 indicated that revegetation would occur with native seed as part of final
reclamation, the plan provided no specific seed mix for this purpose. Table 4, below, provides a
suitable revegetation seed mix to support the planned end use. This mix includes naturalized
species that are suitable for dryland grazing to reduce future fire hazards at the site. In addition,
the native substrate may contain a seedbank of other species that may germinate. The seeding
is primarily proposed to ensure that there is sufficient grass cover to stabilize reclaimed areas for
erosion control. The seed mix may be supplemented with other native species, such as
wildflower, at the time of planting.
The species chosen for inclusion in the seed mixes are intended to be self‐sustaining without
dependence on irrigation, or ongoing applications of soil amendments or fertilizers, provided that
planting takes place in the fall and subsequent rainfall is not abnormally low. As such, irrigation
should not be needed.
TABLE 4
REVEGETATION SEED MIX
Plant Species1 Common Name Application Rate
Bromus carinatus California Brome
45 lbs per acre
(total)
Elymus glaucus Blue Wildrye
Festuca microstachys Small Fescue
Trifolium willdenovii Tomcat Clover
Pentz Pit Mine Reclamation Plan 25 January 2021
Notes:
1. Seed mix by Pacific Coast Seed.
2. Composition of seed mix (and appropriate modifications) to be determined based on
availability from suppliers, cost, test plot results (if applicable) and species determined
most suitable at the time of planting.
3. Ideally, revegetation will occur in early fall (i.e., October/November).
Soil Stabilizing Practices and Irrigation
Should any supplemental soil stabilizing practices be needed, straw mulch, fiber rolls, erosion
control blankets and/or other BMPs will be used as necessary to control soil erosion.
2.9.2 Revegetation Test Plots [CCR §3705(b)]
A revegetation test plot for the revegetation seed mix will be placed at the previously mined
areas to the south of the processing plant as shown on Sheet 1, unless the County waives the
requirement to conduct test plots pursuant to 14 CCR § 3705(b). The test plot will be conducted
simultaneously with ongoing mining and reclamation. The application rates for the seed mix
presented in Table 4 above may be adjusted based on the results of test plot monitoring to the
extent required by and consistent with 14 CCR § 3705(b).
2.9.3 Revegetation of Roads and Traffic Routes
CCR §3705(d). Roads stripped of roadbase materials, resoiled and revegetated, unless
exempted.
CCR §3705(f). Temporary access not bladed. Barriers installed.
The on‐site road network is planned to be left in place for safety, fire protection, and to facilitate
the planned end use. However, any temporary interior access roads and stream crossings used
to access mining areas will be removed. Barriers such as berms and k‐rails will continue to be
used to restrict access around the mine to keep unauthorized vehicles out. No new temporary
access routes are anticipated to be needed for reclamation.
2.9.4 Noxious Weed Management [CCR §3705(k)]
During the revegetation establishment period, 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. Noxious weeds will be removed using a combination of herbicides,
mechanical controls, and hand weeding. In some cases, complete eradication may not be feasible
unless the weed‐infested patches are small. Noxious weed identification and management will
be an element of the revegetation monitoring period overseen by a qualified biologist.
Note: Noxious weeds are those weeds listed by the California Department of Food and Agriculture.
Pentz Pit Mine Reclamation Plan 26 January 2021
2.9.5 Plant Protection Measures, Fencing, Caging [CCR §3705(l)]
The proposed revegetation is not anticipated to require fencing, caging, or other plant protection
measures, as grazing is not anticipated during the revegetation establishment period. To be sure,
the site will not be grazed for at least the first two years following reclamation to protect initial
seeding efforts and promote revegetation.
2.9.6 Revegetation Performance Standards and Monitoring [PRC 2773(a)]
CCR 3705(m). Success quantified by cover, density and species‐richness. Standards
proposed in plan. Sample method set forth in plan and sample size provide
80 percent confident level, as minimum.
CCR §3705(j). If irrigated, demonstrate self‐sustaining without for two years minimum.
Reclamation will be measured against the following revegetation success criteria. As a reminder,
irrigation is not proposed.
Cover / Density: Minimum 50% total cover (excluding noxious weeds)
Species richness: Minimum 2 species per 1 meter x 1 meter plot (excluding noxious
weeds)
Noxious weeds: Not to exceed greater than 10% total cover
Note: Success criteria will be updated, if necessary, in consultation with the Lead Agency
following monitoring of the proposed test plot.
Monitoring
Qualified biologists, botanists or revegetation specialists will monitor re‐vegetated areas
annually for a minimum of three years after seeding to assess whether revegetation is proceeding
successfully. Revegetation success will be judged pursuant to the performance standards
presented above. Performance standards will only be considered to be met if the plantings
required no human intervention during the preceding two years. If intervention is necessary
after the second year of monitoring, then remedial measures will be implemented and
monitoring will continue for another two years.
Qualitative Monitoring. Under most circumstances the success or failure of revegetated areas in
relation to established performance standards should be immediately evident. In these
circumstances, qualitative monitoring is sufficient documentation of the condition and cover of
the revegetated areas. Qualitative monitoring consists of a visual determination of the
percentage of cover of each plant species in each restoration area.
Quantitative Monitoring. Quantitative monitoring would only be conducted if revegetation
monitors have significant doubt as to whether a particular area meets the standards outlined
Pentz Pit Mine Reclamation Plan 27 January 2021
above. In these cases, monitoring will include a minimum of twenty, 1 meter x 1 meter plots to
determine total average cover, species richness, and noxious weed establishment. In each year
that quantitative monitoring is conducted, square meter plots would be randomly placed in each
reclamation unit (i.e., mine slopes, plant site, silt ponds). No less than 20 randomly located plots
would be distributed across each site, and additional plots would be established as necessary to
reach the 80 percent confidence interval. The locations of each plot would be recorded on a map
or will be recorded using a GPS receiver.
2.9.7 Agricultural Fertility Performance Standards [CCR §3707 and CCR §3708]
CCR §3707(a). Return prime agriculture to fertility level specified in approved plan.
CCR §3707(c). Productivity rates equal pre‐project or similar site for two consecutive
years. Rates set forth in plan.
CCR §3708. Other ag capable of sustaining crops common to area.
The Mine is not located on prime agricultural lands. Therefore, performance standards set forth
in CCR §3707 (required for agriculture end uses on prime agricultural lands) do not apply.
Consistent with RP 78‐99, the Mine will be reclaimed to gently rolling foothills that may support
cattle grazing. Therefore, the performance standards set forth in CCR §3708 for crop
sustainability also do not apply.
2.10 Equipment Removal and Incidental Waste Disposal
CCR §3709(a). Equipment stored in designated area and waste disposed of according to
ordinance.
CCR §3709(b). Structures and equipment dismantled and removed.
CCR §3502(b)(5). Disposition of old equipment.
Equipment used in mining and reclamation will be stored at the plant site shown on Sheet 1 and
removed from the site following final reclamation.
All processing facilities, conveyors, and truck scale will be dismantled and removed as part of
reclamation. Buildings (such as the office and shop buildings), fences and the road networks
servicing the Mine may be left in place to facilitate the planned end use and promote access
between properties.
Any incidental refuse or garbage will be collected, hauled off‐site and disposed of in accordance
with state and local standards.
Pentz Pit Mine Reclamation Plan 28 January 2021
2.11 Closure of Portals, Shafts and Openings
CCR §3713(a). Drill holes, water wells, monitoring wells completed or abandoned in
accordance with laws.
CCR §3713(b). All portals, shafts, tunnels, or openings, gated or protected from public
entry, but preserve access for wildlife.
No portals, shafts, tunnels or other openings to underground workings are mapped or proposed.
No drill holes (other than temporary drill holes that may be used for geologic exploration) are
proposed. Any water wells or monitoring wells installed in support of surface mining or
reclamation activities will be left in place to facilitate future use of the property or abandoned in
accordance with state and local laws and regulations.
2.12 Administrative Requirements
2.12.1 Statement of Reclamation Responsibility [PRC §2772(c)(10)]
Please see Appendix F, Statement of Reclamation Responsibility.
2.12.2 Financial Assurances [PRC §2773.1]
Financial assurances are in place and will remain in effect for the duration of the mining operation
and any additional period until reclamation is complete. The Operator’s Financial Assurance Cost
Estimate (“FACE”) will continue to be updated annually and submitted to the County for review
within 30 days of each of the County’s annual surface mining inspections. Financial assurances
mechanisms (“FAM”), which provide financial security for reclamation requirements, may be
adjusted (up or down as appropriate) based on the updated FACE.
2.12.3 Lead Agency Approvals and Annual Inspection [PRC §§2772.1 and 2774]
Upon Plan approval, and subsequent County and regulatory agency approvals for work in the
wetted portions of the Ravine, the conditions of approval and/or mitigation measures pertinent
to reclamation of mined lands will be added to this Plan pursuant to PRC §2772.1(b)(7)(B).
Appendix E is included as a placeholder for this purpose.
The Operator will submit a Mining Operation Annual Report to DMR and the County. This report
will summarize the previous year’s production and reclamation activities. SMARA also requires
the County to conduct an annual inspection of the site to ensure compliance with the approved
Plan.
2.12.4 All Mining Operations Since 1/1/76 Included in Reclamation Plan [PRC §2776]
No reclamation or reclamation plan approval is required for lands disturbed by surface mining
operations conducted before January 1, 1976, which have not since been disturbed by surface
Pentz Pit Mine Reclamation Plan 29 January 2021
mining operations (SMARA §2776). All areas subject to mining operations since January 1, 1976
as well as areas planned to be disturbed in the future are included in this Plan.
2.12.5 Mining in 100‐year Floodplain and Within One Mile of State Highway Bridge [PRC
§2770.5]
Mining will not occur within the 100‐year floodplain of Dry Creek as mapped by the Federal
Emergency Management Agency (“FEMA”) on its Flood Insurance Rate Map (“FIRM”) No.
06007C0575E, which became effective January 6, 2011. Therefore, Caltrans notification is not
required.
3.0 LEAD AGENCY REQUIREMENTS [PRC §2772(C)(11)]
Section 3.0 of this Plan addresses specific lead agency reclamation requirements, where it is
believed those requirements either supplement or amplify the requirements of SMARA as
outlined in Section 2.0. This part is not intended to restate or address every SMARA code section
or policy related to the reclamation of mined lands.
Surface mine reclamation is regulated by Butte County primarily through three documents:
1. Butte County General Plan – contains language that provides general guidance on how
and where mining should occur in the County.
2. Butte County Code, Chapter 13, Article II, Surface Mining and Reclamation – addresses
mining reclamation plans, financial assurances, reporting, inspections and violations.
Given the Operator’s vested rights to mine, this Section 3.0 only addresses requirements that
specifically relate to the reclamation of mined lands, and not those requirements associated with
regulation of the mining activities, including any associated environmental review or land use
approvals.
3.1 Butte County General Plan
The County General Plan recognizes that sand and gravel mining plays a significant role in the
County’s economy. Table ED‐1 of the Economic Development Element of the General Plan
indicates that as of 2016 “natural resources, mining and construction” accounts for 4,700 jobs or
approximately six percent of the total nonfarm workforce. An explicit goal of the General Plan,
as described in the Conservation and Open Space Element, is to “protect economically viable
mineral resources and related industries while avoiding land use conflicts and environmental
impacts from mining activities.” (Id. at p. 10‐36).
The General Plan contains the following policies that are applicable to the reclamation of mined
lands:
W‐P1.2 The County shall cooperate with State and local agencies in efforts to identify and
eliminate or minimize all sources of existing and potential point and non‐point
Pentz Pit Mine Reclamation Plan 30 January 2021
sources of pollution to ground and surface waters, including leaking fuel tanks,
discharges from storm drains, auto dismantling, dump sites, sanitary waste
systems, parking lots, roadways and logging and mining operations.
W‐P1.7 Agriculture, logging, mining, recreational vehicle use and other open space uses
shall follow best management practices to minimize erosion and protect water
resources.
As described in Section 2.6.1, above, surface and groundwater will continue to be protected from
siltation and pollutants as required by the Federal Clean Water Act, the California Porter‐Cologne
Water Quality Control Act, County ordinances, RWQCB and the State Water Resources Control
Board. The Operator will comply with NPDES Industrial Storm Water General Permit
requirements, including implementation of a SWPPP with BMPs to control erosion,
sedimentation, and pollution. As required, the Operator will also implement a SPCC Plan and
Hazardous Materials Business Plan pursuant to 40 CFR Part 112 and 19 CCR Section 2729,
respectively. As such, this implementation of this Plan will be consistent with policies W‐P1.2
and W‐P1.7.
COS‐P12.4 Prior to approval of any new or expanded mining operation, the applicant shall
demonstrate that the operation will not create significant nuisances, hazards or
adverse environmental effects.
Approval of this Plan does not constitute approval of any new or expanded mining operation. As
described in Section 1.4, above, this Plan has been developed to provide an environmentally
superior update to the original RP 78‐99 and to clearly delineate existing Mine boundaries,
encompasses within the Mine boundary all existing disturbances that were not originally
approved under RP 78‐99, apply current reclamation standards pursuant to SMARA, identify the
locations of temporary ephemeral stream crossings in the Ravine, and lay the necessary ground
work for obtaining subsequent regulatory agency authorizations for future stream crossings and
restoration of the Ravine.
NorCal proposes no increase in production levels, no changes in the existing methods of mining,
and no new increase in areas approved for mining beyond those disturbances that have already
occurred. Reclamation activity would not result in new significant environmental effects or a
substantial increase in the severity of previously identified environmental effects. Instead, this
Plan will ensure beneficial reclamation of areas that are not currently covered by the original RP
78‐99 (where no performance standards or financial assurances are currently in place).
COS‐P12.5 New mineral haul routes shall avoid landslides, highly erodible soils, residential
areas and schools, when feasible.
No new mineral haul routes are planned.
Pentz Pit Mine Reclamation Plan 31 January 2021
COS‐P12.7 Mined property shall be left in a condition suitable for reuse in conformance with
the General Plan land use designations and in accordance with the California
Surface Mining and Reclamation Act (SMARA).
Section 2.0 of this Plan describes how the property will be left in a condition suitable for the
planned end use of gently rolling foothills in accordance with SMARA. The General Plan land use
designation for the site is agriculture and the planned end use will support future dryland grazing
consistent with this designation.
3.2 Butte County Surface Mining and Reclamation Code
The SMR Code recognizes that the extraction of minerals is essential to the continued economic
well‐being of the County and to the needs of society, and that reclamation of mined lands is
necessary to prevent or minimize adverse effects on the environment and to protect the public
health and safety. (SMR Code, Section 13‐101). The purpose of the SMR Code is to create and
maintain an effective and comprehensive surface mining and reclamation policy with regulation
of surface mining operations so as to assure that:
(1) Adverse environmental effects are prevented or minimized and mined lands are
reclaimed to a usable condition that is readily adaptable for alternative land use;
(2) The production and conservation of minerals are encouraged, while giving
consideration to values relating to recreation, watershed, wildlife, range and
forage lands, and aesthetic enjoyment;
(3) Residual hazards to the public health and safety are eliminated;
(4) The reclamation of mined lands as provided in this article will provide for the
protection and subsequent beneficial use of the mined and reclaimed land.
The SMR Code Section 13‐108 describes the standards for reclamation as well as reclamation
plan contents. Each of these standards has been addressed in Section 2.0 of this Plan and are
therefore not repeated here for the sake of brevity.
FIGURES
Disclaimer: The data was mapped for planning purposes only. No liability isassumed for accuracy of the data shown.
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.
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....
....E'E'E'E'E'E'
Lake Oroville
Grub Flat Reservoir
Wilson Reservoir
Morgan Reservoir
Tom JonesReservoir
Sugarloaf
Flag Canyon
Sausage Mtn
Glover RIdge
Sawmill Ravine
North Table Mtn
MessillaValley
West Branch Bridge
CherokeePentzJames
CampbellFlat
¬«70 Dry Creek RdDurham-Pentz Rd
Che
r
o
k
e
e
R
d
Wheelock RdFlag Canyon RdCoal Canyon RdPe
n
t
z
R
d
Dry Creek
600 1300400100011
0
0
1400
70012005001500900800
1200
10001200
5
0
0
100090050060060080
0
6
0
0 13001500
7001200130
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1
5
0
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Plan Boundary
Data: United State Geological Survey, Cherokee and Oroville Quadrangles California 7.5'. 2018. Data Downloadable Online. Accessed [01/27/2020].
Legend:Figure 1 1/4/2021
Project Area
Site Vicinity MapPentz Pit MineNorCal Sand and Rock, Inc.
CannonReservoir
Slickens Rd
Rail Road
Disclaimer: The data was mapped for planning purposes only. No liability isassumed for accuracy of the data shown.
´0 1,000 2,000500 Feet
Aerial photo adapted from Google Earth Imagery dated 12/11/2018.
Legend:1/4/2021Figure 2Existing FacilitiesPentz Pit MineNorCal Sand and Rock, Inc.
Plan Boundary – 228 Acres
OfficeWheelock RdSlickens Rd¬«70
Settling Ponds
Freshwater Pond
Haul R o u te
ActiveMining
Rail RoadActiveMiningStream Crossing Saw m illC r e e k
Sawmill Creek
Former ReclaimedMining Area
Site Access Dry CreekDry CreekProcessingPlant
Disclaimer: The data was mapped for planning purposes only. No liability isassumed for accuracy of the data shown.
´0 1,000 2,000500 Fe e t
t
Kc
Kc
Jmo
Ei
Ei
Ae rial ph oto ad apte d from Google Earth Im age ry d ate d 12/11/2018.S ource s: G.J. S auce d o and D.L. Wagne r. 1992. Ge ologic Map of th e Ch ico Quad rangle , California. Vie wable online . 2020. Acce sse d [03/31/2020].
Le ge nd :1/4/2021Figure 3Site Geology MapPentz Pit MineNorCal Sand and Rock, Inc.
Plan Bound ary – 228 Acre sWheelock RdSlickens Rd¬«70
Geologic Unitt - Dre d ge or m ine tailings (185 Acre s)Kc - Ch ico Form ation (33.6 Acre s)Ei - Ione Form ation (3.5 Acre s)Jm o - Monte d e Oro Form ation (5.5 Acre s)
t
Disclaimer: The data was mapped for planning purposes only. No liability isassumed for accuracy of the data shown.
´0 1,000 2,000500 Feet
041-720-002AG-160 /Agriculture
041-120-075AG-40 /Agriculture
041-120-082AG-40 /Agriculture
041-720-016AG-40 /Agriculture 041-720-005AG-40 /Agriculture
041-720-008AG-40 /Agriculture
041-120-104AG-40 /Agriculture
Aerial photo adapted from Google Earth Imagery dated 12/11/2018.Parcel Zoning & General Plan Land Use linew ork from Bu tte Cou nty. Dated 04/03/18.
Legend:1/4/2021Figure 4Plan Bou ndary – 228 AcresParcels Zoning / General Plan Land UseAG-40 / Agricu ltu reAG-160 / Agricu ltu re
Parcel, Zoning, and Land Use MapPentz Pit MineNorCal Sand and Rock, Inc.
Disclaimer: The data was mapped for planning purposes only. No liability isassumed for accuracy of the data shown.
´0 1,000 2,000500 Feet
361 365
370
376
671
670
365 670
669
370
Aerial ph oto adapted from Goog le Earth Im ag ery dated 12/11/2018.S ources: Natural Resources Conserv ation S erv ice, United S tates Departm ent of Ag riculture. S oil S urv ey Geog raph ic (S S URGO) datab ase for Butte Area, California, Parts of Butte and Plum as Counties California. Av ailab le online. 2020. Accessed [01/28/2020].
Leg end:1/4/2021Figure 5
Plan Boundary – 228 Acres
361
Wheelock RdSlickens Rd¬«70
NRCS Soils Units361 - Typic Xerofluv ents, sandy-skeletal, 0 to 2 percent slopes (217.3 Acres)365 - Palexerults, 15 to 30 percent slopes (5.5 Acres)370 - Palexerults, 2 to 15 percent slopes (1.8 Acres)376 - Flag canyon-Wickscorner, 2 to 5 percent slopes (1.1 Acres)669 - Orosh ore-Mounth ope-Dunstone , 3 to 15 percent slopes (0.3 Acre)670 - Orosh ore-Mounth ope-Dunstone, 15 to 30 percent slopes (0.8 Acre)671 - Orosh ore-Mounth ope-Dunstone, 30 to 50 percent slopes (0.9 Acre)
NRCS Soils MapPentz Pit MineNorCal Sand and Rock, Inc.
SHEETS
APPENDICES
APPENDIX A
SITE LEGAL DESCRIPTION
LEGAL DESCRIPTION
APN: 041-120-082
LEGAL DESCRIPTION
APN: 041-120-104
LEGAL DESCRIPTION
APN: 041-120-075
LEGAL DESCRIPTION
APN: 041-720-016
LEGAL DESCRIPTION
APN: 041-720-002
LEGAL DESCRIPTION
APN: 041-720-008
LEGAL DESCRIPTION
APN: 041-720-005
APPENDIX B
OWNER’S ACKNOWLEDGMENT OF
PROPOSED END USES
APPENDIX C
BIOLOGICAL RESOURCES ANALYSIS
BIOLOGICAL RESOURCES ANALYSIS
FOR THE
PENTZ PIT MINE STUDY AREA
BUTTE COUNTY, CALIFORNIA
Prepared for:
COMPASS LAND GROUP
3140 Peacekeeper Way, Suite 102
McClellan, CA 95652
Attn: Yasha Saber
Prepared by:
BIOLOGICAL RESOURCES SERVICES LLC
2127 Owl Meadow St.
Folsom, California 95630
Phone: 925.330.7202
Email: chrisbronny@gmail.com
Contact: Chris Bronny
FEBRUARY 2020
ii
TABLE OF CONTENTS
SUMMARY .................................................................................................................................... 1
1.0 INTRODUCTION ................................................................................................................ 2
2.0 LOCATION .......................................................................................................................... 2
3.0 STUDY AREA DESCRIPTION .......................................................................................... 2
4.0 REGULATORY SETTING ................................................................................................. 3
4.1 Federal Regulatory Setting ........................................................................................ 3
4.1.1 Plants and Wildlife ............................................................................................ 3
4.1.2 Wetlands/Waters ............................................................................................... 3
4.1.3 Migratory Bird Treaty Act ................................................................................ 4
4.2 State Regulatory Setting ............................................................................................ 5
4.2.1 Plants and Wildlife ............................................................................................ 5
4.2.2 Wetlands/Waters ............................................................................................... 5
4.2.3 Butte County General Plan – Oak Woodland Mitigation Ordinance ............... 6
5.0 METHODS OF ANALYSIS FOR GENERAL BIOLOGICAL RESOURCES .................. 7
5.1 Soils Evaluation ......................................................................................................... 8
5.2 Plant Survey Methods ................................................................................................ 8
5.2.1 Review of Literature and Data Sources ............................................................ 9
5.2.2 Field Surveys .................................................................................................... 9
5.3 Wildlife Survey Methods ........................................................................................... 9
5.3.1 Review of Literature and Data Sources ............................................................ 9
5.3.2 Field Surveys .................................................................................................... 9
6.0 RESULTS FOR GENERAL BIOLOGICAL RESOURCES ............................................. 10
6.1 Soil Evaluation Results ............................................................................................ 10
6.2 Plant Survey Results ................................................................................................ 22
6.2.1 Floristic Inventory and Habitat Characterization ............................................ 22
6.2.1.2 Annual Grassland ....................................................................................... 22
6.2.1.3 Chaparral ..................................................................................................... 22
6.2.1.4 Mixed Foothill Pine-Interior Live Oak Woodland ..................................... 23
6.2.1.5 Blue Oak Woodland .................................................................................... 23
6.2.1.6 Valley Oak-Sycamore Riparian Forest ....................................................... 23
6.2.1.7 Cottonwood Riparian Woodland ................................................................ 24
6.2.1.8 Willow Riparian Scrub ............................................................................... 24
6.2.1.9 Industrial Ponds and Mining Related Depressions ..................................... 24
6.2.1.10 Ruderal ...................................................................................................... 25
6.2.1.11 Developed ................................................................................................. 26
6.2.2 Special-Status Plant Species ........................................................................... 26
6.3.2 Special-Status Wildlife Species ...................................................................... 31
7.0 CONCLUSIONS ................................................................................................................ 38
7.1 Wetlands .................................................................................................................. 38
7.2 Special-Status Plants ................................................................................................ 38
7.3 Special-Status Wildlife ............................................................................................ 39
iii
7.4 Butte County General Plan – Oak Woodland Mitigation Ordinance ...................... 40
8.0 RECOMMENDATIONS ................................................................................................... 40
9.0 LITERATURE CITED ....................................................................................................... 42
iv
ATTACHMENTS
ATTACHMENT 1 FIGURES
Figure 1 Regional Map
Figure 2 Site Vicinity and USGS Map
Figure 3 Aerial Photograph
Figure 4 Map of CNDDB Reports of Special-Status Plants
Figure 5 Map of CNDDB Reports of Special-Status Animals
Figure 6 Biological Communities
Figure 7 Soils Map
ATTACHMENT 2 TABLES
Table 1 Plant Species Observed Within the Survey Area
Table 2 Wildlife Species Observed Within/Adjacent to the Survey
Area
Table 3 Special-Status Species Occurring within the Cherokee,
Paradise West, Paradise East, Pulga, Hamlin Canyon, Berry
Creek, Shippee, Oroville and Oroville Dam 7.5 Minute
Quadrangle Maps
ATTACHMENT 3 SITE PHOTOGRAPHS
ATTACHMENT 4 USFWS IPaC Letter
1
SUMMARY
Valley Sand and Rock (VSR, or Operator) operates the Pentz Pit Mine pursuant to vested mining
rights and a Butte County Reclamation Plan. VSR’s operations facilitate reclamation of the site
by removing non-native hydraulic mine tailings that have washed down from the historic
Cherokee Mine (off-site) and deposited into portions of Sawmill Creek Ravine. VSR’s
operations will aid in restoring the property to a more natural, native terrain over time. VSR is in
the process of updating its current Reclamation Plan to cover existing and planned reclamation
activities at the Mine.
On 15, 17 and 22 January 2020, a reconnaissance-level field survey of the Pentz Pit Mine (Study
Area) was conducted for the purpose of identifying sensitive plant and wildlife species, sensitive
habitats, and potential biological constraints. The surveyed area for this report incorporates
approximately 232 acres located at the base of the Sierra Nevada foothills north of Highway 70 and
east of Highway 191 in Butte County, California.
In summary, based on the reconnaissance survey, it was found that the site contains regulated
waters of the United States and State of California, including a portion of Dry Creek, an
unnamed intermittent blue line feature associated with Sawmill Ravine, and wetland features
occurring along the boundaries of the gravel mining operations. It is assumed that these features
would be regulated by the US Army Corps of Engineers (Corps), Regional Water Quality
Control Board (RWQCB) and California Department of Fish & Wildlife (CDFW). As such,
permit applications would have to be prepared and submitted to these agencies seeking
authorization of any fill or impact associated with these potentially jurisdictional features. In
addition, the site contains numerous quarry ponds and mining related depressions within the
footprint of the active mining and processing operations.
Due to the presence of suitable habitat types and soil conditions within the Study Area, several
special-status plant species have been identified as having the potential to occur on the Study
Area. These include various species of Clarkia (Clarkia spp.), Red Bluff dwarf rush (Juncus
leiospermus var. aharti) and Butte County checkerbloom (Sidalcea robusta).
Special-status wildlife species including conservancy fairy shrimp (Branchinecta conservatio),
vernal pool fairy shrimp (Branchinecta lynchi), vernal pool tadpole shrimp (Lepidurus packardi),
California linderiella (Linderiella californica), foothill yellow-legged frog (Rana boylii) and
northwestern pond turtle (Actinemys marmorata) have the potential to occur within the Study
Area based on the presence of suitable habitat types evaluated in January 2020. The Study Area
and adjacent lands also provide nesting and foraging habitat for a number of raptors including
golden eagle (Aquila chrysaetos), bald eagle (Haliaeetus leucocephalus), and red-shouldered
hawk (Buteo lineatus), which were observed during the January 2020 surveys.
2
1.0 INTRODUCTION
At the request of VSR, Biological Resources Services (BRS) conducted a biological resources
analysis of the Study Area, which is located in Butte County, California. This biological
resources analysis includes pertinent literature on relevant background information and habitat
characteristics of the site including the California Natural Diversity Database (CNDDB 2020)
and the California Native Plant Society’s (CNPS) Inventory of Rate and Endangered Vascular
Plants of California, the United States Fish and Wildlife Service’s (USFWS) IPaC query and a
review of information related to species of plants and animals that could potentially utilize the
described habitats. A general field reconnaissance investigation of the Study Area was
conducted on 15, 17 and 22 January 2020. This report documents the methods, results and
conclusions for the reconnaissance-level surveys conducted for the Study Area.
2.0 LOCATION
The Study Area is located at the base of the Sierra Nevada foothills north of Highway 70 and
east of Highway 191 in Butte County, California (USGS Cherokee 7.5 minute quadrangle).
Attachment 1, Figure 1 depicts the regional location of the Study Area in Butte County. Figure 2
illustrates the vicinity of the Study Area in relationship to the city of Oroville and Oroville Dam
and identifies the location of the Study Area on the USGS 7.5 Quadrangle Map for Cherokee.
Figure 3 provides an aerial photograph of the Study Area.
From Sacramento, access to the Study Area is attained by taking Highway 99 north towards
Chico, then take Highway 70 north towards Oroville. At the Highway 149/70 split, take
Highway 70 and go northeast to the interchange with Wheelock Road and proceed north of
Wheelock to the mine entrance on Slickens Road. Access to the Study Area is authorized by
checking in at the on-site office of the Pentz Pit Mine.
3.0 STUDY AREA DESCRIPTION
The majority of the 232-acre Study Area is a sand and gravel mining operation consisting of
historic and actively mined areas. Current operations are focused on reclamation involving the
removal of sand tailings along Sawmill Ravine, which is an intermittent stream system
associated with the greater Lower Butte watershed. These tailings have been deposited in the
ravine as a result of discharges from the historic Cherokee mine located east of the project site.
The middle and lower reaches of this stream contain large patches of willow riparian scrub,
cottonwood riparian woodland and some emergent wetland habitats. Other portions of the Study
Area consists of patches of grazed annual grassland, riparian forest associated with Dry Creek,
foothill pine-interior live oak woodland, blue oak woodland, and chaparral, which are found
primarily along the northern, far western and far eastern portions. A number of mining related
depressions occur throughout the Study Area in areas that have been mined, along with historic
and active settling ponds.
The elevation ranges from approximately 653 feet mean sea level (msl) at the far eastern corner
of the Study Area to approximately 386 feet msl in the far southwestern corner of the Study
Area. The topography of the site favors drainage from the Sierra Nevada foothills east towards
the Sacramento Valley floor of the greater Central Valley. Structures occurring on the Study
3
Area include an office and maintenance trailer; developed lands consist of previously excavated
areas, numerous old and active haul roads, aggregate stockpiles, mine tailings, and infrastructure
associated with mining and processing (e.g., conveyors, hoppers, etc.).
The Study Area is bordered on all sides by open space consisting of rangeland, some residential
parcels, and previously mined areas on lands outside of the parcel boundaries. Representative
photographs of the Study Area can be viewed in Attachment 3.
4.0 REGULATORY SETTING
4.1 Federal Regulatory Setting
4.1.1 Plants and Wildlife
The federal Endangered Species Act (ESA) of 1973 (16 USC 1531 et seq., as amended) prohibits
federal agencies from authorizing, permitting, or funding any action that would result in
biological jeopardy to a plant or animal species listed as Threatened or Endangered under the
Act. Listed species are taxa for which proposed and final rules have been published in the
Federal Register (U.S. Fish and Wildlife Service [USFWS], 2006a and 2006b). If a proposed
project may jeopardize listed species, Section 7 of the ESA requires consideration of those
species through formal consultations with the USFWS. Federal Proposed species (USFWS,
2006c) are species for which a proposed listing as Threatened or Endangered under ESA has
been published in the Federal Register. If a proposed project may jeopardize proposed species,
Section 7 of the ESA affords consideration of those species through informal conferences with
USFWS. The USFWS defines federal Candidate species as “those taxa for which we have on
file sufficient information on biological vulnerability and threats to support issuance of a
proposed rule to list, but issuance of the proposed rule is precluded by other higher priority
listing actions” (USFWS, 2007c). Federal Candidate species are not afforded formal protection,
although USFWS encourages other federal agencies to give consideration to Candidate species in
environmental planning.
4.1.2 Wetlands/Waters
The federal government, acting through the U.S. Army Corps of Engineers (Corps) and the
Environmental Protection Agency (EPA), has jurisdiction over all “waters of the United States”
as authorized by §404 of the Clean Water Act (CWA) and §10 of the Rivers and Harbors Act of
1899 (33 CFR Parts 320-330). Projects that cause the discharge of dredged or fill material into
waters of the United States require permitting by the Corps. Actions affecting small areas of
jurisdictional waters of the United States may qualify for a Nationwide Permit (NWP), provided
conditions of the permit are met, such as avoiding impacts to threatened or endangered species or
to important cultural sites. Projects that affect larger areas or which do not meet the conditions
of an NWP require an Individual Permit. The process for obtaining an Individual Permit requires
a detailed alternatives analysis and development of a comprehensive mitigation and monitoring
plan.
4
Waters of the United States are classified as wetlands, navigable waters, or other waters.
Wetlands are transitional habitats between upland terrestrial areas and deeper aquatic habitats
such as rivers and lakes. Under federal regulation, wetlands are defined as “those areas that are
inundated or saturated by surface or ground water at a frequency and duration sufficient to
support, and that under normal conditions do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions” (33 CFR Part 328.3[b]). Swamps, marshes, bogs,
fens and estuaries are all defined as wetlands, as are seasonally saturated or inundated areas such
as vernal pools, alkali wetlands, seeps, and springs. In addition, portions of the riparian habitat
along a river or stream may be a wetland where the riparian vegetation is at or below the
ordinary high water mark and thus also meets the wetland hydrology and hydric soil criteria.
Navigable waters include all waters subject to the ebb and flow of the tides, including the open
ocean, tidal bays, and tidal sloughs. Navigable waters also include some large, non-tidal rivers
and lakes, which are important for transportation in commerce. The jurisdictional limit over
navigable waters extends laterally to the entire water surface and bed of the waterbody landward
to the limits of the mean high tide line. For non-tidal rivers or lakes, which have been designated
(by the Corps) to be navigable waters, the limit of jurisdiction along the shoreline is defined by
the ordinary high water mark. Other waters refer to waters of the United States other than
wetlands or navigable waters. Other waters include streams and ponds, which are generally open
water bodies and are not vegetated. Other waters can be perennial or intermittent water bodies
and waterways. The Corps regulates other waters to the outward limit of the ordinary high water
mark. Streams should exhibit a defined channel, bed and banks to be delineated as other waters.
Areas not considered to be jurisdictional waters include non-tidal drainage and irrigation ditches
excavated on dry land, artificially-irrigated areas, artificial lakes or ponds used for irrigation or
stock watering, small artificial water bodies such as swimming pools, and water-filled
depressions with no outlet for drainage (33 CFR, Part 328), as well as …water-filled depressions
created in dry land incidental to mining or construction activity including pits excavated for
obtaining fill, sand or gravel that fill with water [33 CFR §328.3(b)(4)(v)].
4.1.3 Migratory Bird Treaty Act
Raptors are migratory bird species protected by international treaty under the Migratory Bird
Treaty Act (MBTA) of 1918 (16 U.S.C. 703-711). The MBTA makes it unlawful to take,
possess, buy, sell, purchase, or barter any migratory bird listed in 50 C.F.R. Part 10, including
feathers or other parts, nests, eggs, or products, except as allowed by implementing regulations
(50 C.F.R. 21). Sections 3503, 3503.5, and 3800 of the California Department of Fish and Game
Code prohibit the take, possession, or destruction of birds, their nests or eggs. Implementation of
the take provisions requires that project-related disturbance at active nesting territories be
reduced or eliminated during critical phases of the nesting cycle (varies by geographic area, but
typically between (January) February 1 - August 15 (30), annually). Disturbance that causes nest
abandonment and/or loss of reproductive effort (e.g., killing or abandonment of eggs or young)
or the loss of habitat upon which the birds depend is considered "take" and is potentially
punishable by fines and/or imprisonment. Such taking would also violate federal law protecting
migratory birds (e.g., MBTA).
5
4.2 State Regulatory Setting
4.2.1 Plants and Wildlife
Project permitting and approval requires compliance with California Environmental Quality Act
(CEQA), the 1984 California Endangered Species Act (CESA), and the 1977 Native Plant
Protection Act (NPPA). The CESA and NPPA authorize the California Fish and Game
Commission to designate Endangered, Threatened and Rare species and to regulate the taking of
these species (§§2050-2098, Fish & Game Code). The California Code of Regulations (Title 14,
§670.5) lists animal species considered Endangered or Threatened by the State.
The Natural Heritage Division of the California Department of Fish and Wildlife (CDFW)
administers the state rare species program. The CDFW maintains lists of designated
Endangered, Threatened, and Rare plant and animal species (CDFG, 2008a and 2008b). Listed
species either were designated under the NPPA or designated by the Fish and Game
Commission. In addition to recognizing three levels of endangerment, the CDFW can afford
interim protection to candidate species while they are being reviewed by the Fish and Game
Commission.
The CDFW also maintains a list of animal species of special concern (CDFG, 2006), most of
which are species whose breeding populations in California may face extirpation. Although
these species have no legal status, the CDFW recommends considering them during analysis of
proposed project impacts to protect declining populations and avoid the need to list them as
endangered in the future.
Under the provisions of §15380(d) of the CEQA Guidelines, the project lead agency and CDFW,
in making a determination of significance, must treat non-listed plant and animal species as
equivalent to listed species if such species satisfy the minimum biological criteria for listing. In
general, the CDFW considers plant species on List 1A (Plants Presumed Extinct in California),
List 1B (Plants Rare, Threatened, or Endangered in California and elsewhere), or List 2 (Plants
Rare, Threatened, or Endangered in California, But More Common Elsewhere) of the California
Native Plant Society's (CNPS) Inventory of Rare and Endangered Vascular Plants of California
(Skinner and Pavlik 1994) as qualifying for legal protection under §15380(d). Species on CNPS
List 3 or 4 may, but generally do not, qualify for protection under this provision.
Sensitive habitats include riparian corridors, wetlands, critical habitats for legally protected
species and CDFW Species of Special Concern, areas of high biological diversity, areas
providing important wildlife habitat, and unusual or regionally restricted habitat types. Habitat
types considered sensitive include those listed on the California Natural Diversity Data Base’s
(CNDDB) working list of “high priority” habitats (i.e., those habitats that are rare or endangered
within the borders of California) (Holland 1986).
4.2.2 Wetlands/Waters
The Regional Water Quality Control Board (RWQCB) regulates activities in wetlands and other
waters through §401 of the Clean Water Act. Section 401 requires a state water quality
certification for projects subject to 404 regulation. Requirements of the certification include
6
mitigation for loss of wetland habitat. California Fish and Game Code §§1600-1607 require the
CDFW be notified of any activity that could affect the bank or bed of any stream that has value
to fish and wildlife. Upon notification, the CDFW has the discretion to execute a Lake and
Streambed Alteration Agreement. The CDFW defines streams as follows:
“... a body of water that flows at least periodically...through a bed or channel having
banks and supporting fish and other aquatic life. This includes watercourses having a
subsurface flow that supports or has supported riparian vegetation.” (Stream Bed Alteration Program, California Department of Fish and Wildlife).
In practice, CDFW authority is extended to any “blue line” stream shown on a USGS
topographic map, as well as unmapped channels with a definable bank and bed. Wetlands, as
defined by the Corps, need not be present for CDFW to exert authority.
4.2.3 Butte County General Plan – Oak Woodland Mitigation Ordinance
The Oak Woodland Mitigation Ordinance of the Butte County General Plan states the following:
The Draft Oak Woodland Mitigation Ordinance (November 2017) has been prepared to address
impacts from proposed development (referred to as discretionary projects in the draft
Ordinance). The draft ordinance focuses on the oak woodland as a habitat type. The Ordinance
proposes that more than 10% removal of oak woodland canopy area is considered a significant
impact subject to replacement (Butte 2018).
Currently, the impacts of discretionary projects on oak woodlands are reviewed on a case-by-
case basis. Adoption of an oak woodlands ordinance would assist in defining impact thresholds
under CEQA, standardizing practices so applicants know what to expect from the project review
process, provide guidance how to avoid or minimize impacts to oak woodlands and allow staff to
process applications more efficiently. There are a number of Goals, Policies and Action items
from General Plan 2030 that support an oak woodland ordinance. Staff has also found that one
option for mitigation of impacts to oak woodlands, payment to the Oak Woodlands Conservation
Fund cannot currently be fulfilled by an applicant. The State will not accept payment unless the
local jurisdiction has adopted a fee. The Ordinance as drafted is applicable only to discretionary
projects – those that can be approved or denied and impact oak woodlands. Development
Services has prepared this draft based on a consultant prepared version.
The Ordinance is drafted to be applicable to discretionary projects. Examples of discretionary
projects include Subdivision Maps, Parcel Maps, Use Permits, and Minor Use Permits. These
are applications that are subject to a public hearing and may be approved, denied or modified.
Because they are discretionary, such applications are commonly subject to review under the
California Environmental Quality Act (CEQA).
The following items are changes that were made between the July 2018 draft and November
2017 draft. Three of the main changes are as follows:
The new DRAFT includes a change in the definition of Oak Woodland. This changes
the applicability of the Ordinance. The definition no longer requires oaks to be 10% of
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the tree canopy in order for the project to be subject to the Ordinance. This simplifies
this portion of the draft ordinance and expands the applicability of the ordinance. This is
a significant change from the previous draft.
The new DRAFT sets a cap for the removal of oak woodlands by requiring that 30%
remain (no more than 70% removal). This is borrowed from the Butte County Oak
Woodland Management Plan. While the context of that plan is voluntary and is a
recommendation regarding firewood removal, Butte County is proposing this same
percentage as a cap for discretionary projects.
The new DRAFT adds the Alternate Project Design and Review section. This section
is to address projects that are not consistent with the ordinance. The ordinance is
intended to serve as the steps for environmental review and mitigation. Projects that are
consistent with the ordinance need not have additional CEQA review as it pertains to oak
woodlands. This Alternate section recognizes that there may be projects that cannot
comply with the ordinance standards. This section provides an answer for this situation –
it requires that any project that is not consistent with the ordinance have its own project-
specific analysis for oak woodlands.
5.0 METHODS OF ANALYSIS FOR GENERAL BIOLOGICAL RESOURCES
A special-status plant and wildlife species database search and review was conducted using the
CNDDB and other sources. An additional search was conducted for special-status plants using
California Native Plant Society Inventory On-Line (CNPS). Special-status species reports were
accessed by searching the CNDDB database by the Cherokee, Paradise West, Paradisew East,
Pulga, Hamlin Canyon, Berry Creek, Shippee, Oroville, and Oroville Dam 7.5-minute
quadrangles, which surround the Study Area, and by examining those species that have been
identified in the vicinity of the Study Area. The CNDDB report was used to focus special-status
species analysis of the site prior to the reconnaissance surveys.
A BRS biologist (with expertise in botany and wetlands ecology) conducted a reconnaissance-
level survey of the Study Area on 15, 17 and 22 January 2020. Existing conditions, observed
plants and wildlife, adjacent land use, soils, wetland and “other waters” features and potential
biological resource constraints were recorded during the visit. Plant and wildlife species
observed within and adjacent to the Study Area during the reconnaissance survey are included in
Attachment 2, Tables 1 and 2.
The objectives of the field surveys were to determine the potential presence or absence of
special-status species habitat listed in the CNDDB database (CNDDB 2020) and to identify any
wetland areas that could be potentially regulated by the Corps (Section 404) or state (Section
401). In addition, the BRS botanist/biologist looked for other potential sensitive species or
habitats, which may not have been obvious from background database reports or research.
Surveys conducted after the growing season or conducted outside of the specific flowering
period for a special-status plant cannot conclusively determine the presence or absence of such
plant species; therefore, site conditions and habitat type were used to determine potential for
8
occurrence. When suitable habitat was observed to support a special-status plant or animal
species it was noted in the discussion for that particular species. Regulatory agencies evaluate
the possibility of occurrence based on habitats observed on-site and the degree of connectivity
with other special-status animal habitats in the vicinity of the Study Area. These factors are
discussed in each special-status plant or animal section. Potential for occurrence of each special-
status or protected plant and animal species was evaluated using the following criteria.
Present: The species has been recorded by CNDDB or other literature as occurring on
the Study Area and/or was observed on the Study Area during the reconnaissance survey
or protocol surveys.
May Occur: The species has been recorded by CNDDB or other literature as occurring
within five miles of the Study Area, and/or was observed within five miles of the Study
Area, and/or suitable habitat for the species is present on the Study Area or its immediate
vicinity.
Not Likely to Occur: The species occurs within five miles of the Study Area but only
marginally suitable habitat conditions are present. The Study Area is likely to be used
only as incidental foraging habitat or as an occasional migratory corridor.
Presumed Absent: The species will not occur on the Study Area due to the absence of
suitable habitat conditions. Alternatively if directed or protocol-level surveys were done
during the proper occurrence period and the species was not found it will be presumed
absent.
Sources consulted for agency status information include USFWS (2008a, 2008b) and IPaC query
and letter (Attachment 4) for federally listed species and CDFG (2008a) for State of California
listed species. Based on information from the above sources, BRS developed a target list of
special-status plants and animals with the potential to occur within or in the vicinity of the Study
Area (Attachment 2, Table 3).
5.1 Soils Evaluation
The soils present within a Study Area may determine if habitat on the site is suitable for certain
special-status plants and animals. The host plants of some special-status invertebrates may also
require specific soil conditions. In the absence of suitable soil conditions, special-status plants or
animals requiring those conditions would be presumed absent. Information regarding soil
characteristics for the Study Area was obtained by viewing the Natural Resources Conservation
Service (NRCS) Web Soil Survey report for the Study Area (NRCS 2020).
5.2 Plant Survey Methods
The purposes of the botanical surveys were (1) To characterize the habitat types (plant
communities) of the study area; (2) to determine whether any suitable habitat for any special-
status plant species, occurs within the study area; and (3) to determine whether any sensitive
habitat types (wetlands) occur within the study area, (4) and to determine if any special-status
plant species occur in the Study Area area. Site conditions and plant habitat surveys are
important tools in determining the potential occurrence of plants not recorded during surveys
9
(e.g., special-status plants) because presence cannot conclusively be determined if field surveys
are conducted after the growing season or conducted outside a specific flowering period.
5.2.1 Review of Literature and Data Sources
The BRS botanist conducted a query of literature and special-status species databases in order to
identify special-status plant species and sensitive habitat types with potential to occur in the
Study Area. Sources reviewed include: CNDDB occurrence records (CNDDB 2020) and CNPS
Inventory (Skinner and Pavlik 1994) for the Cherokee, Paradise West, Paradise East, Pulga,
Hamlin Canyon, Berry Creek, Shippee, Oroville, and Oroville Dam USGS 7.5 quadrangles; and
standard flora (The Jepson Manual, 2nd Edition (TJM2, 2012). From the above sources, a list of
special-status plant species with potential to occur in the Study Area vicinity was developed
(Attachment 2, Table 3).
5.2.2 Field Surveys
A BRS botanist conducted a reconnaissance-level survey to determine habitat types and the
potential for special-status plants based on the observed habitat types on 15, 17 and 22 January
2020. All vascular plant species that were identifiable at the time of the survey were recorded
and identified using keys and descriptions in TJM2. The habitat types occurring within the Study
Area were characterized according to pre-established categories. In classifying the habitat types
on the site, the generalized plant community classification schemes of A Manual of California
Vegetation (Sawyer and Keeler-Wolf 1995) were consulted. The final classification and
characterization of the habitat types of the study area were based on field observations.
5.3 Wildlife Survey Methods
The purposes of the wildlife surveys were to identify special-status wildlife species and/or
potential special-status wildlife habitats within the Study Area.
5.3.1 Review of Literature and Data Sources
A query of literature and data sources was conducted in order to determine which special-status
wildlife species had potential to occur in the vicinity of the Study Area. Current agency status
information was obtained from USFWS (2008b) and IPaC report for species listed as Threatened
or Endangered, as well as Proposed and Candidate species for listing, under the federal ESA; and
from CDFW (2008a, 2008b) for species listed as Threatened or Endangered by the state of
California under the CESA, or listed as “species of special concern” by CDFW. From the above
sources, a list of special-status wildlife species with potential to occur in the Study Area vicinity
was developed (Attachment 2, Table 3).
5.3.2 Field Surveys
General Wildlife Survey – A BRS biologist conducted surveys of species habitat within the
entire Study Area, including visible portions of the adjacent properties during the January 2020
surveys. The purpose of the habitat surveys was to evaluate wildlife habitats and the potential
for any protected species to occur on or adjacent to the Study Area.
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Reconnaissance-Level Raptor Survey – A preliminary reconnaissance-level raptor survey was
conducted in the Study Area during the three-day January 2020 site assessment. This survey was
conducted with the use of binoculars and notes were taken for each species occurrence.
Additionally, utility poles and perch sites in the vicinity of the Study Area were observed. All
raptor activity within and adjacent to the area was recorded during the reconnaissance-level
observation period.
6.0 RESULTS FOR GENERAL BIOLOGICAL RESOURCES
The search and review of the CNDDB database reports revealed the occurrence of special-status
plant and wildlife species that occur in chaparral, cismontane woodland, valley and foothill
grassland, riparian scrub, meadows and seeps, and freshwater marshes and swamp habitats
(CNDDB 2020). The CNDDB database and background data were reviewed for the Cherokee,
Paradise West, Paradise East, Pulga, Hamlin Canyon, Berry Creek, Shippee, Oroville, and
Oroville Dam 7.5 minute quadrangles. A map showing the locations of special-status plants and
animals reported in the vicinity of the Study Area is included as Attachment 1, Figures 4 and 5,
respectively. Those animals listed in Attachment 2, Table 1 were reviewed for their potential to
occur on the Study Area based on general habitat types. Some of the plant and animal species
identified by the CNDDB in the quadrangles require a specific microhabitat that was found not
to occur within the Study Area. Based on our analysis of existing vegetative assemblages
occurring within the Study Area, a map showing the extent of existing plant communities (along
with their potential to provide habitat functions and values for local wildlife populations), is
provided in Attachment 1, Figure 6.
6.1 Soil Evaluation Results
The USDA Natural Resources Conservation Service (formerly the Soil Conservation Service)
mapped eight soil types within the Study Area: Typic Xerofluvents, Ultic Haploxeralfs,
Palexerults (2 mapped soil units), Flagcanyon-Wickscorner, and Oroshore-Mounthope-Dunstone
(3 mapped soil units) (NRCS 2020). The majority of the Study Area – where past and current
mining occurs – are Typic Xerofluvents, sandy-skeletal, 0 to 2 percent slopes. A small inclusion
of UlticHaploxeralfs, sandstone, low elevation, complex, 2 to 5 percent slopes occurs along the
extreme eastern boundary in association with Dry Creek. Of the two mapped soil units of
Palexerults, Palexerults with 15 to 30 percent slopes occurs along the extreme southern boundary
in the eastern portion of the Study Area, while Palexerults with 2 to 15 percent slopes occurs
along the far northeastern and east-central portions of the Study Area. A small inclusion of
Flagcanyon-Wickscorner, 2 to 5 percent slopes occurs along the east-central boundary, while
three soil units of Oroshore-Mounthope-Dunstone 15 to 30 percent slopes - occur as small
inclusions along the far eastern portion of the Study Area. A detailed map of these soils for the
Study Area can be found in Attachment 1, Figure 7. The following provides a brief description
of the eight mapped soil units:
361: Typic Xerofluvents, sandy-skeletal, 0 to 2 percent slopes
Map Unit Composition
Typic Xerofluvents, sandy-skeletal—85 percent Minor components—15 percent
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Characteristics of Typic Xerofluvents, Sandy-Skeletal
Slope: 0 to 2 percent
Geomorphic position: Stream terraces
Parent material: Sandy and gravelly alluvium generated from hydraulic mines and
derived from sedimentary rocks
Observed vegetation: Annual grasses and forbs and, in riparian areas, cottonwood,
California sycamore, valley oak, black walnut, California grape, and willows
Texture of the surface layer: Gravelly loamy coarse sand
Percentage of the surface covered by rock fragments: 0 to 10 percent medium,
subrounded gravel
Restrictive feature: None identified Shrink-swell potential: Low (LEP of less than 3)
Hydrologic properties (based on typical depth to a restrictive feature or 60 inches) Altered hydrology: Natural hydrology has been significantly altered. Sediment pulses
were released into drainageways during hydraulic mining activities. These sediments
quickly filled in natural channels and built up on the flood plain. Levees constructed on
the flood plain were intended to confine the mine sediments. Some levees were breached,
and natural channels are becoming reestablished.
Annual flooding frequency: Rare Annual ponding frequency: None
Depth to a water table (zone of saturation): 20 to 98 inches
Available water capacity: Very low (about 1.3 inches)
Natural drainage class: Well drained
Surface runoff (bare conditions): Very low
Hydric soil status: Not hydric
Hydrologic soil group: A
Typical profile A—0 to 3 inches; gravelly loamy coarse sand C1—3 to 9 inches; very gravelly loamy
coarse sand
C2—9 to 16 inches; very gravelly coarse sand
C3—16 to 22 inches; very gravelly coarse sand
C4—22 to 30 inches; very gravelly coarse sand
C5—30 to 40 inches; very gravelly coarse sand C6—40 to 50 inches; gravelly sand
C7—50 to 98 inches; extremely gravelly coarse sand
Minor Components in Map Unit 361
Typic Xerofluvents, coarse-loamy, and similar soils
Composition: 9 percent Slope: 0 to 2 percent
Geomorphic position: Areas of hydraulic-mine sediment on stream terraces Hydric soil status: Not hydric
Soils that have a loamy-skeletal substratum Composition: 3 percent Slope: 0 to 2 percent
Geomorphic position: Areas of hydraulic-mine sediment on stream terraces Hydric soil status: Not hydric
Soils that have a clayey buried substratum
Composition: 3 percent Slope: 0 to 2 percent
Geomorphic position: Areas of hydraulic-mine sediment on stream terraces
Hydric soil status: Not hydric
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362: Ultic Haploxeralfs, sandstone, low elevation, complex, 2 to 5 percent slopes
Map Unit Composition
Ultic Haploxeralfs, sandstone, low elevation, very deep—60 percent
Ultic Haploxeralfs, sandstone, low elevation, deep—25 percent
Minor components—15 percent
Characteristics of Ultic Haploxeralfs, Sandstone, Low Elevation, Very Deep
Slope: 2 to 5 percent
Geomorphic position: Footslopes on hills
Parent material: Fine-loamy residuum weathered from sandstone
Observed vegetation: Annual grasses and forbs and blue oak Texture of the surface layer: Sandy loam
Percentage of the surface covered by rock fragments: 0 to 5 percent well rounded gravel Depth to a restrictive feature (paralithic bedrock): 60 to 90 inches
Shrink-swell potential: Moderate (LEP of 3 to less than 6)
Hydrologic properties (based on typical depth to a restrictive feature or 60 inches)
Annual flooding frequency: None
Annual ponding frequency: None
Water table (zone of saturation): None observed
Available water capacity: High (about 8.8 inches)
Natural drainage class: Well drained
Surface runoff (bare conditions): Very low
Hydric soil status: Not hydric
Hydrologic soil group: B
Typical profile A—0 to 2 inches; sandy loam
Bt1—2 to 8 inches; sandy clay loam Bt2—8 to 18 inches; sandy clay loam
Bt3—18 to 28 inches; sandy clay loam
Bt4—28 to 39 inches; sandy clay loam
BCt—39 to 49 inches; sandy clay loam
C1—49 to 56 inches; sandy clay loam
C2—56 to 70 inches; sandy loam
Characteristics of Ultic Haploxeralfs, Sandstone, Low Elevation, Deep
Slope: 2 to 5 percent
Geomorphic position: Convex footslopes on hills
Parent material: Fine-loamy residuum weathered from sandstone Observed vegetation: Annual grasses and forbs and blue oak
Texture of the surface layer: Fine sandy loam Percentage of the surface covered by rock fragments: 0 to 5 percent well rounded gravel
Depth to a restrictive feature (paralithic bedrock): 40 to 60 inches Shrink-swell potential: Low (LEP of less than 3)
Hydrologic properties (based on typical depth to a restrictive feature or 60 inches)
Annual flooding frequency: None
Annual ponding frequency: None
Water table (zone of saturation): None observed
Available water capacity: Moderate (about 6.0 inches)
Natural drainage class: Well drained
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Surface runoff (bare conditions):
Hydric soil status: Not hydric
Hydrologic soil group: B
Typical profile
A—0 to 3 inches; fine sandy loam
Bt1—3 to 8 inches; sandy clay loam
Bt2—8 to 15 inches; sandy clay loam
BCt1—15 to 24 inches; fine sandy loam
BCt2—24 to 32 inches; loam
BCt3—32 to 41 inches; very fine sandy loam Cr—41 inches; bedrock
365: Palexerults, 15 to 30 percent slopes
Map Unit Composition
Palexerults gravelly loam—80 percent
Minor components—20 percent
Characteristics of Palexerults Gravelly Loam Slope: 15 to 30 percent
Geomorphic position: Footslopes and backslopes on hills
Parent material: Fine-loamy colluvium derived from volcanic and sedimentary rocks over
clayey residuum weathered from claystone
Observed vegetation: Annual grasses and forbs; oaks, buckbrush, and manzanita at the
higher elevations
Texture of the surface layer: Gravelly loam
Percentage of the surface covered by rock fragments: 0 to 10 percent rounded cobbles, 0
to 5 percent angular stones, 0 to 3 percent angular boulders, 0 to 20 percent medium, rounded gravel
Depth to a restrictive feature (densic bedrock): 60 to 90 inches Shrink-swell potential: High (LEP of 6 to 9)
Hydrologic properties (based on typical depth to a restrictive feature or 60 inches)
Annual flooding frequency: None
Annual ponding frequency: None
Water table (zone of saturation): None observed
Available water capacity: High (about 8.8 inches)
Natural drainage class: Well drained
Surface runoff (bare conditions): High
Hydric soil status: Not hydric
Hydrologic soil group: C
Typical profile
A—0 to 2 inches; gravelly loam Bt1—2 to 12 inches; gravelly loam
Bt2—12 to 20 inches; clay loam Bt3—20 to 29 inches; silty clay
BCt—29 to 46 inches; silty clay
C—46 to 65 inches; silty clay 2Cd—65 inches; bedrock
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370: Palexerults, 2 to 15 percent slopes
Map Unit Composition
Palexerults gravelly loam—80 percent
Minor components—20 percent
Characteristics of Palexerults Gravelly Loam
Slope: 2 to 15 percent
Geomorphic position: Footslopes on hills
Parent material: Fine-loamy colluvium derived from volcanic and sedimentary rocks over
clayey residuum weathered from claystone
Observed vegetation: Annual grasses and forbs; oaks, buckbrush, and manzanita at the higher elevations
Texture of the surface layer: Gravelly loam Percentage of the surface covered by rock fragments: 0 to 10 percent rounded cobbles, 0
to 5 percent angular stones, 0 to 3 percent angular boulders, 0 to 20 percent medium,
rounded gravel
Depth to a restrictive feature (densic bedrock): 60 to 90 inches
Shrink-swell potential: High (LEP of 6 to 9)
Hydrologic properties (based on typical depth to a restrictive feature or 60 inches)
Annual flooding frequency: None
Annual ponding frequency: None
Water table (zone of saturation): None observed
Available water capacity: High (about 8.8 inches)
Natural drainage class: Well drained
Surface runoff (bare conditions): Medium
Hydric soil status: Not hydric Hydrologic soil group: C
Typical profile
A—0 to 2 inches; gravelly loam
Bt1—2 to 12 inches; gravelly loam
Bt2—12 to 20 inches; clay loam
Bt3—20 to 29 inches; silty clay
BCt—29 to 46 inches; silty clay
C—46 to 65 inches; silty clay
Cd—65 inches; densic bedrock
376: Flagcanyon-Wickscorner, 2 to 5 percent
Map Unit Composition
Flagcanyon gravelly loam—50 percent Wickscorner loam—35 percent
Minor components—15 percent
Characteristics of Flagcanyon Gravelly Loam
Slope: 2 to 5 percent
Geomorphic position: Alluvial fans on Table Mountain
Parent material: Loamy and gravelly alluvium over cemented, clayey, and extremely
gravelly alluvium derived from basalt
Observed vegetation: Annual grasses and forbs and olive orchards
15
Texture of the surface layer: Gravelly loam
Percentage of the surface covered by rock fragments: 0 to 10 percent medium,
subangular gravel, 0 to 15 percent subangular cobbles
Depth to a restrictive feature (duripan): 20 to 40 inches
Shrink-swell potential: Moderate (LEP of 3 to less than 6)
Hydrologic properties (based on typical depth to a restrictive feature or 60 inches)
Annual flooding frequency: None
Annual ponding frequency: None
Depth to a water table (zone of saturation): 16 to 40 inches
Available water capacity: Low (about 2.7 inches)
Natural drainage class: Moderately well drained
Surface runoff (bare conditions): Medium Hydric soil status: Not hydric
Hydrologic soil group: C
Typical profile
A—0 to 3 inches; gravelly loam
Bt1—3 to 9 inches; very gravelly loam
Bt2—9 to 14 inches; very gravelly loam
Bt3—14 to 30 inches; very gravelly clay loam
Btq1—30 to 53 inches; extremely gravelly duripan
Btq2—53 to 65 inches; extremely gravelly duripan
Characteristics of Wickscorner Loam
Slope: 2 to 5 percent
Geomorphic position: Alluvial fans on Table Mountain
Parent material: Loamy alluvium over gravelly and clayey alluvium derived from basalt Observed vegetation: Annual grasses and forbs and olive orchards
Texture of the surface layer: Loam Percentage of the surface covered by rock fragments: 0 to 5 percent medium, subrounded
gravel, 0 to 5 percent subrounded cobbles
Depth to a restrictive feature (duripan): 60 to 84 inches
Shrink-swell potential: High (LEP of 6 to 9)
Hydrologic properties (based on typical depth to a restrictive feature or 60 inches)
Annual flooding frequency: None
Annual ponding frequency: None
Depth to a water table (zone of saturation): 50 to 84 inches
Available water capacity: Moderate (about 6.7 inches)
Natural drainage class: Moderately well drained
Surface runoff (bare conditions): Low Hydric soil status: Not hydric
Hydrologic soil group: B
Typical profile A—0 to 2 inches; loam
Bt1—2 to 8 inches; loam
Bt2—8 to 22 inches; gravelly clay loam
Bt3—22 to 38 inches; very gravelly clay loam
Bt4—38 to 59 inches; very gravelly clay
Bt5—59 to 72 inches; extremely gravelly sandy clay
Bt6—72 to 84 inches; extremely gravelly sandy clay
16
669: Oroshore-Mounthope-Dunstone, 3 to 15 percent
Map Unit Composition
Oroshore gravelly loam—35 percent
Mounthope loam—25 percent
Dunstone gravelly loam—20 percent
Minor components—20 percent
Characteristics of Oroshore Gravelly Loam
Slope: 3 to 15 percent
Geomorphic position: Ridgetops and footslopes on metamorphic hills Parent material: Gravelly and loamy residuum weathered from metamorphic rocks
Observed vegetation: Annual grasses and forbs, blue oak, interior live oak, canyon live oak, foothill pine, buckbrush, manzanita, toyon, and Pacific poison oak
Texture of the surface layer: Gravelly loam
Percentage of the surface covered by rock fragments: 5 to 30 percent angular gravel, 0 to
25 percent angular cobbles, 0 to 10 percent angular stones, 0 to 10 percent angular
boulders
Depth to a restrictive feature (paralithic bedrock): 20 to 40 inches
Shrink-swell potential: Moderate (LEP of 3 to less than 6)
Hydrologic properties (based on typical depth to a restrictive feature or 60 inches)
Annual flooding frequency: None
Annual ponding frequency: None
Water table (zone of saturation): None observed
Available water capacity: Low (about 4.1 inches)
Natural drainage class: Well drained Surface runoff (bare conditions
Hydric soil status: Not hydric Hydrologic soil group: B
Typical profile
A—0 to 2 inches; gravelly loam
Bt1—2 to 15 inches; gravelly clay loam
Bt2—15 to 28 inches; very cobbly clay loam
Bt3—28 to 34 inches; extremely gravelly clay loam
Crt—34 inches; bedrock
Characteristics of Mounthope Loam
Slope: 3 to 15 percent Geomorphic position: Ridgetops and footslopes on metamorphic hills
Parent material: Fine-loamy residuum weathered from metamorphic rocks Observed vegetation: Interior live oak, canyon live oak, foothill pine, blue oak,
buckbrush, manzanita, toyon, and Pacific poison oak Texture of the surface layer: Slightly decomposed plant material
Percentage of the surface covered by rock fragments: 0 to 15 percent coarse, subangular
gravel, 0 to 10 percent subangular cobbles, 0 to 15 percent subangular stones, 0 to 15
percent subangular boulders
Depth to a restrictive feature (paralithic bedrock): 40 to 60 inches
Shrink-swell potential: Moderate (LEP of 3 to less than 6)
Hydrologic properties (based on typical depth to a restrictive feature or 60 inches)
17
Annual flooding frequency: None
Annual ponding frequency: None
Water table (zone of saturation): None observed
Available water capacity: Moderate (about 6.7 inches)
Natural drainage class: Well drained
Surface runoff (bare conditions): Medium
Hydric soil status: Not hydric
Hydrologic soil group: B
Typical profile
Oi—0 to 1 inch; slightly decomposed plant material
A—1 to 3 inches; loam Bt1—3 to 7 inches; loam
Bt2—7 to 15 inches; loam Bt3—15 to 22 inches; gravelly clay loam
Bt4—22 to 26 inches; gravelly clay loam
Bt5—26 to 31 inches; very gravelly clay loam
Bt6—31 to 42 inches; very gravelly clay loam
Bt7—42 to 52 inches; gravelly clay loam
Cr—52 inches; bedrock
Characteristics of Dunstone Gravelly Loam
Slope: 3 to 15 percent
Geomorphic position: Ridgetops and footslopes on metamorphic hills
Parent material: Loamy residuum weathered from metamorphic rocks
Observed vegetation: Annual grasses and forbs, blue oak, interior live oak, canyon live
oak, foothill pine, buckbrush, manzanita, toyon, and Pacific poison oak Texture of the surface layer: Gravelly loam
Percentage of the surface covered by rock fragments: 0 to 5 percent subangular cobbles, 0 to 2 percent subangular stones, 0 to 1 percent subangular boulders
Depth to a restrictive feature: 10 to 20 inches to paralithic bedrock; 20 to 40 inches to
lithic bedrock
Shrink-swell potential: Moderate (LEP of 3 to less than 6)
Hydrologic properties (based on typical depth to a restrictive feature or 60 inches)
Annual flooding frequency: None
Annual ponding frequency: None
Water table (zone of saturation): None observed
Available water capacity: Very low (about 1.9 inches)
Natural drainage class: Well drained
Surface runoff (bare conditions): Very high Hydric soil status: Not hydric
Hydrologic soil group: D
Typical profile A1—0 to 4 inches; gravelly loam
A2—4 to 6 inches; gravelly loam
Bt1—6 to 10 inches; gravelly loam
Bt2—10 to 15 inches; very gravelly loam
Crt—15 to 37 inches; bedrock
R—37 inches; bedrock
18
670: Oroshore-Mounthope-Dunstone, 15 to 30 percent
Map Unit Composition
Oroshore gravelly loam—35 percent
Mounthope loam—25 percent
Dunstone gravelly loam—20 percent
Minor components—20 percent
Characteristics of Oroshore Gravelly Loam
Slope: 15 to 30 percent
Geomorphic position: Ridgetops and side slopes on metamorphic hills
Parent material: Gravelly and loamy residuum and/or colluvium derived from metamorphic rocks
Observed vegetation: Annual grasses and forbs, blue oak, interior live oak, canyon live oak, foothill pine, buckbrush, manzanita, toyon, and Pacific poison oak
Texture of the surface layer: Gravelly loam
Percentage of the surface covered by rock fragments: 5 to 30 percent angular gravel, 0 to
25 percent angular cobbles, 0 to 10 percent angular stones, 0 to 10 percent angular
boulders
Depth to a restrictive feature (paralithic bedrock): 20 to 40 inches
Shrink-swell potential: Moderate (LEP of 3 to less than 6)
Hydrologic properties (based on typical depth to a restrictive feature or 60 inches)
Annual flooding frequency: None
Annual ponding frequency: None
Water table (zone of saturation): None observed
Available water capacity: Low (about 4.1 inches)
Natural drainage class: Well drained Surface runoff (bare conditions): High
Hydric soil status: Not hydric Hydrologic soil group: B
Typical profile
A—0 to 2 inches; gravelly loam
Bt1—2 to 15 inches; gravelly clay loam
Bt2—15 to 28 inches; very cobbly clay loam
Bt3—28 to 34 inches; extremely gravelly clay loam
Crt—34 inches; bedrock
Characteristics of Mounthope Loam
Slope: 15 to 30 percent Geomorphic position: Ridgetops and side slopes on metamorphic hills
Parent material: Fine-loamy residuum and/or colluvium derived from metamorphic rocks Observed vegetation: Interior live oak, canyon live oak, foothill pine, blue oak,
buckbrush, manzanita, toyon, and Pacific poison oak Texture of the surface layer: Slightly decomposed plant material
Percentage of the surface covered by rock fragments: 0 to 15 percent coarse, subangular
gravel, 0 to 10 percent subangular cobbles, 0 to 15 percent subangular stones, 0 to 15
percent subangular boulders
Depth to a restrictive feature (paralithic bedrock): 40 to 60 inches
Shrink-swell potential: Moderate (LEP of 3 to less than 6)
Hydrologic properties (based on typical depth to a restrictive feature or 60 inches)
19
Annual flooding frequency: None
Annual ponding frequency: None
Water table (zone of saturation): None observed
Available water capacity: Moderate (about 6.7 inches)
Natural drainage class: Well drained
Surface runoff (bare conditions): High
Hydric soil status: Not hydric
Hydrologic soil group: B
Typical profile
Oi—0 to 1 inch; slightly decomposed plant material
A—1 to 3 inches; loam Bt1—3 to 7 inches; loam
Bt2—7 to 15 inches; loam Bt3—15 to 22 inches; gravelly clay loam
Bt4—22 to 26 inches; gravelly clay loam
Bt5—26 to 31 inches; very gravelly clay loam
Bt6—31 to 42 inches; very gravelly clay loam
Bt7—42 to 52 inches; gravelly clay loam
Cr—52 inches; bedrock
Characteristics of Dunstone Gravelly Loam
Slope: 15 to 30 percent
Geomorphic position: Ridgetops and side slopes on metamorphic hills
Parent material: Loamy residuum and/or colluvium derived from metamorphic rocks
Observed vegetation: Annual grasses and forbs, blue oak, interior live oak, canyon live
oak, foothill pine, buckbrush, manzanita, toyon, and Pacific poison oak Texture of the surface layer: Gravelly loam
Percentage of the surface covered by rock fragments: 0 to 5 percent subangular cobbles, 0 to 2 percent subangular stones, 0 to 1 percent subangular boulders
Depth to a restrictive feature: 10 to 20 inches to paralithic bedrock; 20 to 40 inches to
lithic bedrock
Shrink-swell potential: Moderate (LEP of 3 to less than 6)
Hydrologic properties (based on typical depth to a restrictive feature or 60 inches)
Annual flooding frequency: None
Annual ponding frequency: None
Water table (zone of saturation): None observed
Available water capacity: Very low (about 1.9 inches)
Natural drainage class: Well drained
Surface runoff (bare conditions): Very high Hydric soil status: Not hydric
Hydrologic soil group: D
Typical profile A1—0 to 4 inches; gravelly loam
A2—4 to 6 inches; gravelly loam
Bt1—6 to 10 inches; gravelly loam
Bt2—10 to 15 inches; very gravelly loam
Crt—15 to 37 inches; bedrock
R—37 inches; bedrock
20
671: Oroshore-Mounthope-Dunstone, 15 to 30 percent slopes
Map Unit Composition Oroshore gravelly loam—35 percent
Mounthope loam—25 percent Dunstone gravelly loam—20 percent
Minor components—20 percent
Characteristics of Oroshore Gravelly Loam Slope: 30 to 50 percent
Geomorphic position: Side slopes in canyons and on metamorphic hills
Parent material: Gravelly and loamy residuum and/or colluvium derived from
metamorphic rocks
Observed vegetation: Annual grasses and forbs, blue oak, interior live oak, canyon live
oak, foothill pine, buckbrush, manzanita, toyon, and Pacific poison oak
Texture of the surface layer: Gravelly loam
Percentage of the surface covered by rock fragments: 5 to 30 percent angular gravel, 0 to
25 percent angular cobbles, 0 to 10 percent angular stones, 0 to 10 percent angular
boulders
Depth to a restrictive feature (paralithic bedrock): 20 to 40 inches Shrink-swell potential: Moderate (LEP of 3 to less than 6)
Hydrologic properties (based on typical depth to a restrictive feature or 60 inches) Annual flooding frequency: None
Annual ponding frequency: None
Water table (zone of saturation): None observed
Available water capacity: Low (about 4.1 inches)
Natural drainage class: Well drained
Surface runoff (bare conditions): High
Hydric soil status: Not hydric
Hydrologic soil group: B
Typical profile
A—0 to 2 inches; gravelly loam
Bt1—2 to 15 inches; gravelly clay loam
Bt2—15 to 28 inches; very cobbly clay loam Bt3—28 to 34 inches; extremely gravelly clay loam
Crt—34 inches; bedrock
Characteristics of Mounthope Loam
Slope: 30 to 50 percent
Geomorphic position: Side slopes in canyons and on metamorphic hills
Parent material: Fine-loamy residuum and/or colluvium derived from metamorphic rocks
Observed vegetation: Interior live oak, canyon live oak, foothill pine, blue oak,
buckbrush, manzanita, toyon, and Pacific poison oak
Texture of the surface layer: Slightly decomposed plant material
Percentage of the surface covered by rock fragments: 0 to 15 percent coarse, subangular
gravel, 0 to 10 percent subangular cobbles, 0 to 15 percent subangular stones, 0 to 15
percent subangular boulders Depth to a restrictive feature (paralithic bedrock): 40 to 60 inches
Shrink-swell potential: Moderate (LEP of 3 to less than 6) Hydrologic properties (based on typical depth to a restrictive feature or 60 inches)
Annual flooding frequency: None
21
Annual ponding frequency: None
Water table (zone of saturation): None observed
Available water capacity: Moderate (about 6.7 inches)
Natural drainage class: Well drained
Surface runoff (bare conditions):
Hydric soil status: Not hydric
Hydrologic soil group: B
Typical profile
Oi—0 to 1 inch; slightly decomposed plant material
A—1 to 3 inches; loam
Bt1—3 to 7 inches; loam
Bt2—7 to 15 inches; loam
Bt3—15 to 22 inches; gravelly clay loam
Bt4—22 to 26 inches; gravelly clay loam
Bt5—26 to 31 inches; very gravelly clay loam
Bt6—31 to 42 inches; very gravelly clay loam
Bt7—42 to 52 inches; gravelly clay loam
Cr—52 inches; bedrock
Characteristics of Dunstone Gravelly Loam
Slope: 30 to 50 percent
Geomorphic position: Side slopes in canyons and on metamorphic hills
Parent material: Loamy residuum and/or colluvium derived from metamorphic rocks
Observed vegetation: Annual grasses and forbs, blue oak, interior live oak, canyon live
oak, foothill pine, buckbrush, manzanita, toyon, and Pacific poison oak
Texture of the surface layer: Gravelly loam
Percentage of the surface covered by rock fragments: 0 to 5 percent subangular cobbles, 0
to 2 percent subangular stones, 0 to 1 percent subangular boulders
Depth to a restrictive feature: 10 to 20 inches to paralithic bedrock; 20 to 40 inches to
lithic bedrock
Shrink-swell potential: Moderate (LEP of 3 to less than 6)
Hydrologic properties (based on typical depth to a restrictive feature or 60 inches)
Annual flooding frequency: None
Annual ponding frequency: None
Water table (zone of saturation): None observed
Available water capacity: Very low (about 1.9 inches)
Natural drainage class: Well drained
Surface runoff (bare conditions): Very high
Hydric soil status: Not hydric
Hydrologic soil group: D
Typical profile
A1—0 to 4 inches; gravelly loam
A2—4 to 6 inches; gravelly loam
Bt1—6 to 10 inches; gravelly loam
Bt2—10 to 15 inches; very gravelly loam
22
Crt—15 to 37 inches; bedrock
R—37 inches; bedrock
6.2 Plant Survey Results
6.2.1 Floristic Inventory and Habitat Characterization
In classifying the habitat types in the Study Area area, generalized plant community
classification schemes were used (Sawyer and Keeler-Wolf 1995). The final classification and
characterization of the habitat types of the Study Area were based on field observations.
The Study Area supports 13 habitat types that consist of annual grassland, chaparral, foothill
pine-interior live oak woodland, blue oak woodland, valley oak-sycamore riparian forest,
cottonwood riparian woodland, willow riparian scrub, settling ponds, fresh water pond, quarry
pond, mining related depression, ruderal and developed. Each habitat is described in further
detail below. A description of the plant species present within each habitat type is provided
below. Dominant plant species are noted. A complete list of plant species observed on the
Study Area can be found in Attachment 2, Table 1.
6.2.1.2 Annual Grassland
A relatively undisturbed example of this habitat occurs along the northeastern portion of the
Study Area where a new haul road will be developed; remaining areas are primarily found in the
eastern half where it occurs in relatively open portions in the herbaceous understory of mixed
foothill pine-interior live oak and blue oak woodland. Dominant species within these areas
appear to be largely comprised of non-native annual grasses and broad-leaved plants. Non-native
plants identifiable at this time (either as seedlings or fragmented stems from the previous
season’s growth) included bromes (Bromus diandrus and B. madritensis), fescue (Festuca
(myuros)), and medusahead grass (Elymus caput-medusae); non-native broad-leaved plants
included longbeak stork’s bill (Erodium botrys), dove’s-foot geranium (Geranium molle), vetch
(Vicia spp.), rose clover (Trifolium hirtum), yellow-star thistle (Centaurea solstitialis), and short-
pod mustard (Hirschfeldia incana).
While infrequent, native forbs (i.e., wildflowers) that were observed included tarweed
(Holocarpha sp.), fiddleneck (Amsinckia sp.), turkey mullein (Croton setiger), navarretia
(Navarretia sp.), Clarkia (Clarkia sp.), clover (Trifolium sp.) and species of the Themidaceae
family (e.g., Brodiaea, Dichlostema, etc.).
6.2.1.3 Chaparral
This habitat type occurs on sandy-gravelly terraces and bluffs above Sawmill Ravine in the far
eastern portion of the Study Area. The dominant vegetative cover consists of various species of
widely scattered manzanita, including common manzanita (Arctostaphylos manzanita ssp.
manzanita), greenleaf manzanita (Arctostaphylos patula) and whiteleaf manzanita
(Arctostaphylos viscida ssp. viscida). The gravelly-sandy substrates supported a sparse
herbaceous understory that included vetch (Vicia asp.), Spanish clover (Acmispon americanus
var. americanus), California fuschia (Epilobium (canum), lupine (Lupinus spp.) and clarkia
23
(Clarkia spp.). Shrubs included coyote brush (Baccharis pilularis), poison oak (Toxicodendron
diversilobum), ceanothus (Ceanothus sp.) and toyon (Hereomeles arbutifolia), which often
delineated the ecotone between chaparral and foothill pine-interior live oak and blue oak
woodland habitats.
6.2.1.4 Mixed Foothill Pine-Interior Live Oak Woodland
Mixed foothill pine-interior live oak woodland occurs primarily along the north-central and
eastern portions of the Study Area; this habitat type frequently intergrades with chaparral in the
eastern portion and occurs as fragmented stands on old elevated mine tailings throughout the
previously mined portions of the Study Area. Dominant trees were foothill pine (Pinus sabiniana)
and interior live oak (Quercus wislizeni var. wislizeni). Shrubs in the understory consisted of
manzanita, toyon, poison oak, coyote brush and in some areas, French broom (Genista
monspessulana). The herbaceous understory consisted of miner’s lettuce (Claytonia perfoliata),
field-hedge parsley (Torilis (arvensis)), hedge-hog dogtail (Cynosurus echinatus), deer grass
(Muhlenbergia rigens), rip-gut brome (Bromus diandrus), sedge (Carex sp.), California
polypody (Polypodium californicum), goldback fern (Pentagramma triangularis), bird’s-foot
fern (Pellaea mucronata var. mucronata) and blue dicks (Dichelostemma capitatum ssp.
capitatum).
6.2.1.5 Blue Oak Woodland
Blue Oak Woodland occurs primarily along the southern boundary at the far eastern portion of
the Study Area and intergrades with adjacent chaparral and mixed foothill pine-interior live oak
woodland habitats. Canopy dominance is exhibited by blue oak (Quercus douglasii); sub-
dominant trees include interior live oak and foothill pine. The shrub layer in this habitat type was
somewhat sparse, with toyon, poison oak and some manzanita present. The herbaceous
groundlayer vegetation association was similar to mixed foothill pine-interior live oak, with a
higher percentage of various species of annual grasses and forbs often found in annual grassland
habitats, including blue dicks, small-flowered melicgrass (Melica imperfecta), triteleia (Triteleia
sp.), shooting stars (Primula sp.) and narrow leaf soap plant (Chlorogalum angustifolium).
6.2.1.6 Valley Oak-Sycamore Riparian Forest
A very small inclusion of this habitat type occurs along Dry Creek along the far western
boundary of the Study Area. Valley oak (Quercus lobata) and western sycamore (Platanus
racemosa) were the co-dominant woody tree species in this habitat type. Sub-dominant trees
included Fremont’s cottonwood (Populus fremontii ssp. fremontii) and arroyo willow (Salix
lasiolepis). The well-developed shrub and lliana layers consisted of poison oak, Himalayan
blackberry (Rubus armeniacus), Dutchman’s pipe (Aristolochia californica) and California wild
grape (Vitis californica), with infestations of French broom in some areas. Patches of stinging
nettle (Urtica dioica ssp. holosericea) were common along the banks of Dry Creek.
24
6.2.1.7 Cottonwood Riparian Woodland
This habitat type borders the left and right banks of the Sawmill Ravine stream feature in the
north-central portion of the Study Area. While the dominant tree species is Fremont’s
cottonwood, the age and size class of the existing stand is of fairly recent origin and thus lacks a
well-structured woody canopy with shrub and herbaceous layer associates. While coyote brush
was present, this habitat type has a very severe infestation of Spanish broom (Spartium junceum)
in the understory.
6.2.1.8 Willow Riparian Scrub
Two large wetland areas consisting of willow riparian scrub habitat occur in the Study Area; this
habitat type intergrades with emergent wetlands and mining related depressions found in other
portions of the Study Area. The dominant tree species is sandbar willow (Salix exigua); sub-
dominant woody species include arroyo willow, red willow (Salix laevigata), and white alder
(Alnus rhombifolia). Poison oak, Himalayan blackberry and mulefat (Baccharis salicifolia) are
the primary shrub species present. The herbaceous understory consists of a number of
hydrophytic graminoids including various species of sedge (Carex spp.) rush (Juncus spp.),
miniature tule (Isolepis cernua) and tall flatsedge (Cyperus eragrostis); other species include
giant horsetail (Equisetum telmateia ssp. braunii).
6.2.1.9 Industrial Ponds and Mining Related Depressions
The Study Area includes settling ponds, fresh water pond, quarry pond, and mining related
depressions that are associated with mining and reclamation operations at the site.
As stated in 33 CFR §328.3, water-filled depressions created in dry land incidental to mining or
construction activity including pits excavated for obtaining fill, sand, or gravel that fill with
water may not meet the definition of waters of the U.S.
Settling Ponds
Two types of settling ponds are present within the Study Area: Active and historic. Active
settling ponds are located in close proximity to the operational batch plant where mined
aggregate materials are processed and stockpiled. The largest active settling pond intercepts
discharges directly from the mainstem channel of Sawmill Ravine via a spillway where turbid
waters are allowed to settle before being discharged into the far-western complex of old mine
tailings and braided channels that eventually discharge over a second spillway adjacent to Dry
Creek. Very little emergent vegetation was observed growing along the edges of these active
settlings ponds; tall flatsedge and cattail were the most common species present.
Historic settling ponds were located primarily north and west of the active settling ponds in close
proximity to Dry Creek and could be classified as largely dominated by emergent marsh habitat
with woody co-dominance exhibited by arroyo willow, red willow and Fremont’s cottonwood.
Various species of rush (Juncus spp.), dock (Rumex spp.), cattail, California tule, Himalayan
blackberry and willow weed (Persicaria (lapathifolia)) were commonly observed.
25
The settling ponds are presumed to be non-jurisdictional pursuant to 33 CFR §328.3.
Fresh Water Pond
A single, fresh water pond feature occurs on the northeast side of the aggregate processing plant.
The fresh water pond is presumed to be non-jurisdictional pursuant to 33 CFR §328.3.
Quarry Pond
A single, deep pond feature (i.e., greater than six (6.6) feet in depth) occurs just south of the
active haul road and is labeled QP (i.e., quarry pond). The quarry pond is presumed to be non-
jurisdictional pursuant to 33 CFR §328.3.
Mining Related Depressions
Mining-related depressions occur throughout portions of the Study Area that have been mined in
the past. Most of these features have vegetative assemblages similar to those found in seasonal
and emergent wetlands. However, they represent a complex of active industrial mining ponds
that may not meet the definition of waters of the U.S. Some of these features intercept and pond
direct precipitation and sheetflow runoff during the rainy season. Observed robust emergent
monocots were cattail (Typha sp.) and California tule (Schoenoplectus californicus). Graminoid
species include tall flatsedge, miniature tule, common spike rush (Eleocharis macrostachya),
spreading rush (Juncus effusus), tapertip rush (Juncus acuminatus) iris-leaved rush (Juncus
xiphioides), broomsedge bluestem (Andropogon virginicus var. virginicus), annual beardgrass
(Polypogon monspeliensis), and perennial ryegrass (Festuca perenne). Other hydrophytic
associates include western goldenrod (Euthamia occidentalis), willow weed (Persicaria
(lapathifolia)), cudweed (Pseudognaphalium beneolens) and pennyroyal (Mentha pulegium).
Where present, woody tree and shrub species include sandbar willow, arroyo willow, Fremont’s
cottonwood and mulefat. While cottonwood seedlings may be present, larger saplings and trees
were mostly uncommon. The mining related depressions are presumed to be non-jurisdictional
pursuant to 33 CFR §328.3.
6.2.1.10 Ruderal
Ruderal (i.e., disturbance) habitats are associated with areas that have undergone and/or continue
to undergo some type of disturbance regime to the existing vegetative cover. Disturbance
activities may be natural (e.g., flooding, fire, landslides) or anthropogenic (e.g., discing, mowing,
spraying).
Ruderal assemblages were most commonly observed in the former quarry portions of the Study
Area where the historic soil profile has been altered or eliminated by past mining activities (i.e.,
those areas where sand and gravel substrates lack substantial vegetative cover such as old quarry
floors, old mine tailings or along unmined edges of relict stands of foothill pine-interior live oak
woodland areas along the far western and southern portions of the Study Area).
Dominant non-native annual grasses and broad-leaved plants observed included bromes, fescue,
medusahead grass, longbeak storks bill, vetch, rose clover, yellow-star thistle short-pod mustard
and stinkweek (Dittrichia graveolens).
26
6.2.1.11 Developed
Developed areas found throughout the Study Area had little to no standing vegetative cover and
included the active aggregate batch/processing area, active stockpiles, maintenance and trailer
areas, sand extraction (as part of mining and reclamation) in the eastern portion and active haul
roads.
6.2.2 Special-Status Plant Species
Special-status plant species include species listed as Rare, Threatened, or Endangered by the
USFWS (2008a) or by the State of California (CDFG 2008a). Federal Proposed and Candidate
species (USFWS, 2008b) are also special-status species. Special-status species also include
species listed on List 1A, List 1B, or List 2 of the CNPS Inventory (Skinner and Pavlik, 1994;
CNPS 2008). All species in the above categories fall under state regulatory authority under the
provisions of CEQA, and may also fall under federal regulatory authority. Considered special-
status species are species included on List 3 (Plants About Which We Need More Information—A
Review List) or List 4 (Plants of Limited Distribution—A Watch List) of the CNPS Inventory.
These species are considered to be of lower sensitivity and generally do not fall under specific state
or federal regulatory authority. Specific mitigation considerations are not generally required for List
3 and List 4 species and are therefore no longer addressed in this report.
Attachment 2, Table 1 includes a list of special-status plants with the potential to occur within or
in the immediate vicinity of the Study Area based on a review of the USGS 7.5 minute
quadrangles for Cherokee, Paradise West, Paradise East, Pulga, Hamlin Canyon, Berry Creek,
Shippee, Oroville, and Oroville Dam. The special-status plant species identified by the CNDDB
as potentially occurring on the Study Area are known to occur within specific habitat types. The
specific habitats or “micro-climate” necessary for some of the plant species to occur are not
found within the boundaries of the subject Study Area. The habitats necessary for the CNDDB
reported plant species consist of valley and foothill grassland, meadows, seeps, cismontane
woodland, chaparral, freshwater marshes and swamps, riparian scrub; preferred soil substrates
include sandy, rocky, and granitic. The following List 1 and List 2 special-status plant species
were reviewed for their potential to occur within the Study Area:
Big-scale balsamroot (Balsamorhiza macrolepis). CNPS List 1B.2
This perennial herb is a member of the Sunflower Family (Asteraceae) that blooms from March
through June in chaparral, cismontane woodland and valley and foothill grasslands, sometimes
occurring in serpentinite outcroppings at elevations ranging from 45 - 1555 meters.
This California endemic is threatened by grazing and also potentially threatened by residential,
recreational, and energy development, and by non-native plants. Annual grassland along the
northeastern portion of the Study Area could provide potentially suitable habitat to support this
species. This species was not observed during the January 2020 field surveys.
27
Dissected-leaved toothwort (Cardamine pachystigma var. dissectifolia). CNPS List 1B.2
This perennial rhizomatous herb is a member of the Mustard Family (Brassicaceae) that blooms
from February through May in chaparral and lower montane coniferous forest usually in
serpentinite or rocky outcroppings at elevations ranging from 255 - 2100 meters.
This California endemic is threatened by non-native plants, road and trail maintenance, vehicles,
and alteration of fire regimes. Many collections lack tubers, which aid in identification.
Chaparral habitat in the far eastern portion of the Study Area could provide potentially suitable
habitat to support this species. This species was not observed during the January 2020 field
surveys.
White-stemmed clarkia (Clarkia gracilis ssp. albicaulis). CNPS List 1B.2
This annual herb is a member of the Evening Primrose Family (Onagraceae) that blooms from
May through July in chaparral and cismontane woodland, sometimes in serpentinite soil
substrates at elevations ranging from 245 - 1085 meters.
This California endemic is threatened by threatened by urbanization and non-native plants and
possibly threatened by erosion. Chaparral and mixed foothill pine-interior live oak woodland
habitats in the far eastern portion of the Study Area could provide potentially suitable habitat to
support this species. This species was not observed during the January 2020 field surveys.
Mildred’s clarkia (Clarkia mildrediae ssp. mildrediae). CNPS List 1B.3
This annual herb is a member of the Evening Primrose Family (Onagraceae) that blooms from
May through August in lower montane coniferous forest and cismontane woodland, often in
sandy, usually granitic soil substrates at elevations ranging from 245 - 1710 meters.
This California endemic is threatened by threatened by road maintenance. Cismontane woodland
habitats in the far eastern portion of the Study Area could provide potentially suitable habitat to
support this species. This species was not observed during the January 2020 field surveys.
Mosquin’s clarkia (Clarkia mosquinii). CNPS List 1B.1
This annual herb is a member of the Evening Primrose Family (Onagraceae) that blooms from
May through July (September) in lower montane coniferous forest and cismontane woodland,
with rocky soil substrates, including roadsides at elevations ranging from 185 - 1490 meters.
This California endemic is threatened by vehicles and potentially threatened by road
maintenance, overshading and non-native plants. Cismontane woodland habitats in the far
eastern portion of the Study Area could provide potentially suitable habitat to support this
species. This species was not observed during the January 2020 field surveys.
28
Clifton’s eremogone (Eremogone cliftonii). CNPS List 1B.3
This perennial herb is a member of the Pink Family (Caryophyllaceae) that blooms from April
through September in upper and lower montane coniferous forest and chaparral openings,
usually with granitic soil substrates at elevations ranging from 455 - 2080 meters.
This California endemic is threatened by alteration of fire regime, logging, road construction,
road maintenance, and vehicles. Chaparral habitat in the far eastern portion of the Study Area
could provide potentially suitable habitat to support this species. This species was not observed
during the January 2020 field surveys.
California satintail (Imperata brevifolia), CNPS List 2B.1
This perennial rhizomatous herb is a member of the Grass Family (Poaceae) that blooms from
September through May in mesic chaparral, coastal scrub, Mojavean desert scrub, meadows and
seeps (often alkali) and riparian scrub at elevations ranging from 0 - 1215 meters.
Many collections old; need field surveys. Records from Butte County may represent escapes
from ornamental plantings. Threatened by development and agriculture. Mistakenly classified as
a noxious weed in California from 1960 to 2004. Willow riparian scrub habitat in the central
portion of the Study Area could provide potentially suitable habitat to support this species. This
species was not observed during the January 2020 field surveys.
Red Bluff dwarf rush (Juncus leiospermus var. leiospermus). CNPS List 1B.1
This diminuitive annual herb is a member of the Rush Family (Juncaceae) that blooms from
March through June and inhabits vernally mesic valley and foothill grassland, chaparral,
cismontane woodland, vernal pools and meadows and seeps at elevations ranging from 35 - 1250
meters.
This California endemic is threatened by development, grazing, vehicles, industrial forestry, and
agriculture. Foothill grassland, chaparral and cismontane woodland habitats in the eastern half of
the Study Area could provide potentially suitable habitat to support this species. This species
was not observed during the January 2020 field surveys.
Colusa Layia (Layia septentrionalis). CNPS List 1B.2
This annual herb is a member of the Sunflower Family (Asteraceae) that blooms from April
through May and inhabits chaparral, cismontane woodland and foothill and valley grassland,
often in sandy or serpentinite soil substrates at elevations ranging from 100 to 1095 meters.
This California endemic is threatened by development; historical occurrences need field surveys.
Foothill grassland, chaparral and cismontane woodland habitats in the eastern half of the Study
Area could provide potentially suitable habitat to support this species. This species was not
observed during the January 2020 field surveys.
29
Ahart’s Paronychia (Paronychia ahartii). CNPS List 1B.1
This perennial herb is a member of the Pink Family (Caryophyllaceae) that blooms from
February through June in cismontane woodland, vernal pools, and valley and foothill grassland
habitat at elevations ranging from 30 - 510 meters.
This California endemic is threatened by habitat loss and possibly threatened by grazing,
trampling, development, and vehicles. Cismontane woodland and chaparral habitats in the far
eastern portion of the Study Area could provide potentially suitable habitat to support this
species. This species was not observed during the January 2020 field surveys.
California Beaked-Rush (Rhynchospora californica). CNPS List 1B.1
This perennial rhizomatous herb is a member of the Sedge Family (Cyperaceae) that blooms
from May through July in bogs and fens, lower montane coniferous forest, meadows and seeps
and freshwater marshes and swamps at elevations ranging from 45 - 1010 meters.
This California endemic is threatened by marsh habitat loss. The mosaic of wetlands associated
with the willow riparian scrub habitat in the far western portion of the Study Area could provide
potentially suitable habitat to support this species. This species was not observed during the
January 2020 field surveys.
Brownish Beaked-Rush (Rhynchospora capitellata). CNPS List 2B2.
This perennial herb is a member of the Sedge Family (Cyperaceae) that blooms from July
through August in mesic upper and lower montane coniferous forest, meadows and seeps and
marshes and swamps at elevations ranging from 45 - 2000 meters.
This plant is possibly threatened by grazing and development. The mosaic of wetlands associated
with the willow riparian scrub habitat in the far western portion of the Study Area could provide
potentially suitable habitat to support this species. This species was not observed during the
January 2020 field surveys.
Sanford’s Arrowhead (Sagittaria sandfordii). CNPS List 1B2.
This emergent perennial rhizomatous herb is a member of the Water Plantain Family
(Alismataceae) that blooms from May through October (November) in assorted shallow
freshwater marshes and swamps at elevations ranging from 0 - 650 meters.
This California endemic has been extirpated from southern California, and mostly extirpated
from the Central Valley. Threatened by grazing, development, recreational activities, non-native
plants, road widening, and channel alteration and maintenance. The mosaic of wetlands
associated with the willow riparian scrub habitat in the far western portion of the Study Area
could provide potentially suitable habitat to support this species. This species was not observed
during the January 2020 field surveys.
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Butte County Checkerbloom (Sidalcea robusta). CNPS List 1B.2
This rhizomatous perennial herb is a member of the Mallow Family (Malvaceae) that blooms
April through June in chaparral and cismontane habitats at elevations ranging from 90-1600m.
This California endemic species is threatened by non-native plants and possibly threatened by
residential development and fire suppression. This species occurs in the USGS topo quad map
for Cherokee. The chaparral and cismontane woodland habitats within the Study Area could
provide potentially suitable habitat to support this species. This species was not observed during
the January 2020 field surveys.
6.3 Wildlife Survey Results
6.3.1 General Wildlife Species and Habitats
A complete list of wildlife species observed on the Study Area can be found in Attachment 2,
Table 2. Wildlife species commonly occurring within habitat types present on the Study Area
are discussed below:
Mammal species observed (or their sign; e.g., scat, tracks, burrows) during the January 2020
surveys included bobcat (Lynx rufus; tracks), coyote (Canis latrans; tracks and scat), North
American beaver (Castor canadensis; active dam within the far western willow riparian scrub
wetland complex), black-tailed jackrabbit (Lepus californicus), western grey squirrel (Sciurus
griseus) and black-tailed deer (Odocoileus hemionus).
Despite the absence of continuous vegetative cover throughout large portions of the Study Area
due to past mining activities, wildlife species observed during the January 2020 surveys include
raptors such as red-shouldered hawk (Buteo lineatus), golden eagle (Aquila chrysaetos), bald
eagle (Haliaeetus leucocephalus) and great-horned owl (Bubo virginianus), which were observed
over the site. Aerial foragers such as American crow (Corvus brachyrhynchos) and turkey
vulture (Cathartes aura) were also observed over the Study Area. The various habitats present
within the Study Area provide ample foraging opportunities for the omnivorous Woodhouse’s
scrub-jay (Aphelocoma woodhouseii), which was also observed. Acorns from the various species
of oaks present within the Study Area provide ample foraging opportunities for the acorn
woodpecker (Melanerpes formicivorus), which was observed (along with old branch and trunk
acorn caches) during the January 2020 surveys.
Passerines such as white-crowned sparrow (Zonotrichia leucophrys), black phoebe (Sayornis
nigricans), spotted towhee (Pipilo maculatus), dark-eyed junco (Junco hyemalis), mourning
dove (Zenaida macroura), western bluebird (Sialia mexicanus), yellow-rumped warbler
(Dendroica coronata), and a species of vireo (Vireo sp.) were also observed within the Study
Area. Wild turkey (Meleagris gallopavo) were also observed in the far western portion of the
Study Area. Wilson’s snipe (Gallinago delicata) was flushed from one of the emergent marsh
habitats during the January 2020 surveys; killdeer (Charadrius vociferus) and other shorebirds
would be expected to utilize the settling ponds, emergent and seasonal wetlands and open quarry
areas for foraging and nesting opportunities.
31
Due to the abundance of woodland and open grassland habitats in the vicinity of the Study Area,
it is expected that other raptors such as red-tailed hawk (Buteo jamaicensis), Cooper’s hawk
(Accipiter cooperii), sharp-shinned hawk (Accipiter striatus) and American kestrel (Falco
sparverius) may also likely occur within the Study Area.
While no reptiles were observed during the January 2020 surveys, reptiles such as the California
kingsnake (Lampropeltis californiae), northern pacific rattlesnake (Crotalus oreganus oreganus),
gopher snake (Pituophis melanoleucus) and Sierra gartersnake (Thamnophis couchii) could
likely occur in the Study Area. The only amphibian observed during the January 2020 survey
was a Pacific tree frog (Pseudacris regilla).
6.3.2 Special-Status Wildlife Species
Attachment 2, Table 3 includes a list of special-status wildlife species with potential to occur in
the Study Area area. Special-status wildlife species include species listed as Rare, Threatened, or
Endangered by the USFWS (2008b & 2008c), as well as those species covered by the MBTA, or
those species given special protection by the State of California (CDFG, 2008b).
The search and review of the CNDDB database and USFWS IPaC reports revealed the
occurrence of special-status species could potentially occur in the annual grassland, chapparal,
cismontane woodland, riparian woodland and forest, and seasonal wetland habitats supported by
the Study Area (Attachment 1, Figure 5). In addition, some state-protected raptors could forage
on the Study Area. Attachment 2, Table 2 provides a summary of the species, their status, and
habitat requirements. Some species do not have any special protection, but are included in the
CNDDB due to their local rarity. For the analysis of the site, the following specific discussions
on the special-status wildlife included the following species:
INVERTEBRATES
Vernal Pool Fairy Shrimp (Branchinecta lynchi). Federally Threatened
Vernal pool fairy shrimp were listed as threatened by the USFWS on September 19, 1994.
Critical habitat for vernal pool fairy shrimp was originally designated on August 6, 2003. The
designation was revised on August 11, 2005 and species by unit designations were published on
February 10, 2006 (USFWS 2007a).
The vernal pool fairy shrimp occupies a variety of different vernal pool habitats, from small,
clear, sandstone rock pools to large, turbid, alkaline, grassland valley floor pools. This species
tends to occur in smaller pools and is most frequently found in pools less than 0.05 acre in size.
Vernal pool fairy shrimp typically occur in grass or mud bottomed swales, or basalt flow
depression pools in unplowed grasslands (USFWS 2007a).
Female fairy shrimp carry their eggs in a ventral brood sac. The eggs either are dropped to the
pool bottom or remain in the brood sac until the mother dies and sinks. When the pool dries out,
so do the eggs. Resting fairy shrimp eggs are referred to as cysts. These cysts remain in the dry
pool bed until rains and other environmental stimuli cause them to hatch (USFWS 2007a). Cysts
32
are capable of withstanding heat, cold and prolonged desiccation. The cyst bank in the soil may
contain cysts from several years of breeding. Mature adults have been observed in vernal pools
three to four weeks after the pools had been filled.
There are CNDDB records of this species within a 5-mile radius of the Study Area. However, the
Study Area does not occur within USFWS designated critical habitat for this species. The clear,
somewhat deep mining related depressions in the mined quarry areas along the southern
boundary could provide potentially suitable habitat to support this species. However, protocol-
level surveys would have to conducted to determine presence/absence of this species within the
Study Area.
Vernal Pool Tadpole Shrimp (Lepidurus packardi). Federally Endangered
Vernal pool tadpole shrimp were listed as threatened by the USFWS on September 19, 1994.
Critical habitat for vernal pool tadpole shrimp was originally designated on August 6, 2003. The
designation was revised on August 11, 2005 and species by unit designations were published on
February 10, 2006 (USFWS 2007b).
Vernal pool tadpole shrimp occur in a wide range of vernal pool habitats across the Central
Valley of California, from Shasta County to northwestern Tulare County. Isolated occurrences
have also been reported in Alameda and Contra Costa Counties. Vernal pool tadpole shrimp
distribution is highly fragmented (USFWS 2007b).
The vernal pool tadpole shrimp is a small crustacean in the family Triopsidae. Vernal pool
tadpole shrimp adults reach a length of two inches. This animal inhabits vernal pools containing
clear to highly turbid water that range in size. Vernal pool tadpole shrimp have been found in
pools up to 89 acres in size (USFWS 2007b).
As with the other vernal pool branchiopods described above, vernal pool tadpole shrimp
populations are reestablished from cysts that lie dormant in the dry pool sediments when pools
refill. Mature adults have been observed in vernal pools three to four weeks after the pools had
been filled.
There are CNDDB records of this species within a 5-mile radius of the Study Area. However, the
Study Area does not occur within USFWS designated critical habitat for this species. The clear,
somewhat deep mining related depressions in the mined quarry areas along the southern
boundary could provide potentially suitable habitat to support this species. However, protocol-
level surveys would have to conducted to determine presence/absence of this species within the
Study Area.
California Linderiella (Linderiella occidentalis). Federal Species of Special Concern
Found in the same vernal pool habitats as the fairy shrimp, California linderiella occur in clear
vernal pools and lakes. They are tolerant of a wide rage of conditions, withstanding turbid
conditions and pH levels between 6.1 and 8.5. They are able to tolerate temperature conditions
from 41 to 85 F. Like the fairy shrimp, eggs become encysted during dry conditions and hatch
33
when the vernal pools refill. Threats to this species include habitat loss, alteration of vernal pool
hydrology, water contamination, off-road vehicle use and invasive non-native species.
While there are no CNDDB records for this species occurring within a 5-mile radius of the Study
Area, the clear, somewhat deep mining related depressions throughout the mined areas in the
southern portions of the Study Area may support this species. However, protocol-level surveys
would have to conducted to determine presence/absence of this species within the Study Area.
Valley elderberry longhorn beetle (Desmocerus californicus dimorphus). Federally
Threatened
The VELB was federally listed on August 8, 1980. Critical habitat was designated at the same
time. A Recovery Plan for this species was released on June 28, 1984, but is now outdated. In
February 2007, USFWS prepared a five-year review for this species, which recommends
delisting of VELB (USFWS 2007c), and a delisting proposal has been recently released (USFWS
2012b).
VELB is limited to portions of the Central Valley, below 3,000 feet in elevation (USFWS
1999a). The range of the VELB extends throughout California’s Central Valley and associated
foothills from about the 3,000-foot elevation contour on the east and the watershed of the Central
Valley on the west. Portions of Shasta County are included in this range.
The VELB is dependent on its host plant, elderberry (Sambucus sp.), which is a common
component of riparian corridors and adjacent upland areas in the Central Valley. There are four
stages of this species life: egg, larva, pupa, and adult. Females deposit eggs on or adjacent to the
host elderberry. Egg production varies between 16 and 180 eggs (USFWS 2007c). Eggs hatch
within a few days of being deposited and larvae emerge. The larvae bore into the wood of the
host plant and create a long feeding gallery in the pith of the elderberry stem. The larvae feed on
the pith of the plant for one to two years. When a larva is ready to pupate, it chews an exit hole
to the outside of the stem and then plugs it with frass. The larva then retreats into the feeding
gallery and constructs a pupal chamber from wood and frass. The larvae metamorphose between
December and April; the pupal stage lasts about a month. The adult remains in the chamber for
several weeks after metamorphous, and then emerges from the chamber through the exit hole.
Most records for adults occur from late-April to mid-May (USFWS 2007c). Adults feed on
elderberry leaves and mate within the elderberry canopy.
VELB occurs most frequently and is most abundant in significant riparian zones that are well
developed. Within significant riparian zones, VELB primarily occurs within the riparian
corridor but can occur infrequently in non-riparian scrub habitats adjacent to the riparian
corridor. VELB exit holes are usually found on stems or branches of one inch in diameter or
greater (Barr 1991, Collinge et al. 2001 in Talley et al. 2006) and are found infrequently in
smaller stems (1.3-2 cm) (Halstead and Oldham 1990, Talley 2005 in Talley et al. 2006). In the
northern portion of the VELB’s range, exit holes are most frequently observed in stems and
branches 5 to 10 cm in diameter (Barr 1991, Collinge et al. 2001 in Talley et al. 2006).
34
Only two elderberry shrubs were observed within the Study Area. Both were carefully examined
for the presence of potential VELB exit holes; no exit holes were found.
AMPHIBIANS
Foothill Yellow-Legged Frog (Rana boylii). Federal Species of Special Concern, California
Species of Special Concern
The foothill yellow-legged frog is a medium-sized frog with a slim waist, long legs, and webbing
on the hind feet. The skin is grainy rather than smooth and ridges on the sides (dorsolateral folds)
are not distinct. This species is strongly associated with shallow, low-gradient channels with
riffles that have unconsolidated coarse substrates; however, the range of aquatic habitat in which
they have been found in is diverse; frogs have been observed in permanent and intermittent
streams with low to relatively high gradients, alluvial and bedrock channels (Leidy et al. 2009),
stream-associated backwaters and isolated pools (Hayes and Jennings 1988), and slow-moving
rivers with mud-substrates. They occupy habitat ranging from sea level to approximately 5,800
feet. Suitable habitat may be seasonal refugia (non-breeding habitat), breeding and rearing sites,
or movement corridors.
The relatively high-velocity flows observed within the channel of the stream system associated
with Sawmill Ravine may preclude the presence of this species within the Study Area. However,
lower velocity tributaries into this system, as well as lower down the valley floor towards, and in,
Dry Creek, may provide potentially suitable habitat for this species.
There are CNDDB records for this species within a 5-mile radius of the Study Area. However,
protocol-level surveys would have to conducted to determine presence/absence of this species
within the Study Area. No yellow-legged frogs were observed during the January 2020 field
surveys.
California Red-Legged Frog (Rana draytonii). Federally Threatened, California Species of
Special Concern
This medium-sized frog has a slim waist, smooth skin and webbing on the hind feet. Ridges (i.e.,
dorsolateral folds) on the upper sides are prominent. When extended, the legs are relatively long,
and the eyes are outward oriented. The California red-legged frog spends most of its life in and
near sheltered backwaters of ponds, marshes, springs, streams, and reservoirs. Deep pools with
dense stands of overhanging willows and an intermixed fringe of cattails are considered optimal
habitat. Eggs, larvae, metamorphs, and adults also have been found in ephemeral creeks and
drainages and in ponds that do not have riparian vegetation.
While the absence of deep pools with suitable emergent and/or woody riparian habitat likely
precludes this species from the intermittent stream associated with Sawmill Ravine, the mosaic
of mining related depressions and historic settling ponds in the far western portion of the Study
Area may provide suitable future breeding habitat for this species. However, possible high
turbidity levels in the water column associated with mining operation runoff and the absence of
burrow complexes of fossorial mammals (e.g., California ground squirrels) in close proximity to
35
the Study Area for upland dispersal habitat after the breeding season likely precludes the
presence of this species. No red-legged frogs were observed during the January 2020 field
surveys.
REPTILES
Northwestern Pond Turtle (Actinemys marmorata). California Species of Special Concern
The northwestern pond turtle is a thoroughly aquatic turtle that may be found in marshes, ponds,
streams and irrigation ditches where aquatic vegetation is present. The turtles, which range from
nine to ten inches in size, require basking sites and suitable upland habitat for egg laying.
Suitable breeding upland habitats may consist of sandy banks or grassy open fields. The western
pond turtle has a dark brown to olive-colored carapace with hexagonal scales that lack prominent
markings.
Nesting and incubation occur from April to September, with a peak time for mating and egg
laying occurring from March to May. Most nests are with 90 meters (300 feet) of water.
Activity slows from November to February. During the winter when water and air temperatures
cool, usually from September to March, the turtles begin to hibernate. During hibernation,
turtles either bury themselves in the mud at the bottom of ponds or will bury themselves on land
in duff (top layer of decomposing vegetation and soil). Some turtles travel more than a half mile
to over-winter on land, though many select the nearest wooded or shrubby area they can bury in.
Turtles then emerge from hibernation in the spring to start the yearly cycle again.
While there are no CNDDB records for this species within a 5-mile radius of the Study Area, the
mosaic of slow-moving mine tailing streams and historic settling ponds in the willow riparian
scrub habitat located in the far western portion could provide potentially suitable habitat for this
species. No pond turtles were observed during the January 2020 field surveys.
Giant Garter Snake (Thamnophis gigas). Federally and State Threatened
Giant garter snake (GGS) was listed by USFWS as threatened on October 20, 1993. A Draft
Recovery Plan was drafted for the species on July 2, 1999 and a five year review was conducted
in September 2006 (USFWS 2009b). No change in listing status was recommended in the five
year review and no critical habitat has been proposed for this species.
GGS occurs in wetland, rice field, and slough habitat in the Central Valley of California. They
primarily occur in the Sacramento Valley; however, recently snakes have been detected in the
San Joaquin Valley (USFWS 2009b).
The GGS is endemic to Central Valley wetlands, inhabits natural and manmade habitats, and
feeds on small fish and amphibians. The snake requires a mix of habitat components, such as
adequate water during the early-spring through late-fall active period; emergent wetland
vegetation for escape and feeding cover; grassy banks and openings for resting or basking cover;
and uplands to escape flooding. It moves to small animal burrows and soil crevices during its
winter dormancy. Giant garter snake use of rice fields includes hunting for prey in the flooded
checks and basking on the check dams and surrounding upland habitats during the summer
36
(USFWS 1999b). The snakes move off of the fields in late summer/fall once the water is drained
from the fields, but they may still find prey concentrated in irrigation ditches (USFWS 1999b).
During the winter the snakes hibernate in burrows created by ground squirrels and other
burrowing animals. Burrows are generally in upland habitat well above the water table (USFWS
1999b). Giant garter snakes normally select burrows on south and west facing slopes for sun
exposure. The GGS breeding season is from March to April and the female gives birth to live
young from late July through early September (USFWS 2009b).
There are no CNDDB records for this species within a 5-mile radius of the Study Area. The
mosaic of slow-moving mine tailing streams and historic settling ponds in the willow riparian
scrub habitat located in the far western portion could provide potentially suitable habitat for this
species. However, the lack of open sunny basking sites, unstable gravelly-sandy substrates and
distance from preferred habitats located to the west in the greater Sacramento Valley likely
precludes the presence of this species within the Study Area. No GGS were observed during the
January 2020 field surveys.
BIRDS
Cooper’s Hawk (Accipiter cooperii) and Sharp-shinned Hawk (Accipiter striatus); State
Protected
The sharp-shinned hawk is a small raptor with short, rounded wings. This hawk has a long tail
that is squared-off at tip with prominent corners. This raptor typically flies with several quick,
snappy wingbeats and a short glide, but also soars. Its small rounded head does not project far
beyond the wings when soaring. The adult sharp-shinned hawk exhibits a red eye, black cap,
and a blue-gray back and upperwings. The white breast, belly and underwing coverts are marked
by fine, thin, reddish bars.
The Cooper’s hawk is quite similar looking to the sharp-shinned hawk, although it is slightly
larger in size and has a long rounded tail. Both hawks hunt in woodlands, riparian areas and
even densely vegetated urban areas. These raptors capture small birds, rodents and reptiles.
They often hunt along the edges of woodlands, shorelines, and riparian habitats where migrating
passerines are found. Nesting habitat for these raptors consists of woodlands, coniferous forest,
and dense oak woodland adjacent or close to open areas.
While there are no CNDDB occurrences of these species within a 5-mile radius of the Study
Area, suitable foraging habitat exists for both species throughout the Study Area. Prey items
such as passerines and squirrels were observed foraging on the Study Area throughout the
surveys. While neither species was observed during the January surveys, potential nesting
habitat occurs within the Study Area along Dry Creek and the willow and cottonwood riparian
scrub habitats in the western portion of the Study Area.
37
Tricolored Blackbird (Agelaius tricolor). Federal Species of Special Concern, California
Species of Special Concern
A close relative of the red-winged blackbird (Agelaius phoeniceus), the tricolored blackbird is
distinguished by a white patch underscoring the bright red epaulettes that are prominent in the
males of both species. Often found in large flocks of red-winged blackbirds, this species is
highly colonial. Nesting colonies usually occur in marshy habitats, often in large stands of
blackberry.
While there are no CNDDB occurrences of this species within a 5-mile radius of the Study Area,
foraging and nesting habitat exists throughout the western portion of the Study Area in the form
of emergent wetland and mining related depression habitats. This species was not observed
during the January 2020 surveys, but does have the potential to occur within the Study Area.
Golden Eagle (Aquila chrysaetos). California Species of Special Concern, State Protected
The golden eagle is typically found in open grasslands, pastures, and oak woodland, often near
lakes and rivers. Their plumage is dark brown overall, with some white at the base of the tail,
and golden-to-blonde feathers on the nape of the neck. The bill and talons are black and the cere
(soft membrane that covers the nostrils) and feet are yellow. Immature birds have a broad, white
tail band with a black edge and large white patches on the undersides of the wings at the base of
the primary feathers. Adult males weigh nine pounds with adult females weighing 12.5 pounds.
Masters of soaring, golden eagle can reach speeds up to 200 miles per hour with their 6.5 to 7.5
foot wingspans. Eggs are laid between February and May, usually with two to four eggs per
nest. Golden eagles build large stick nests in tall trees, isolated ledges, or cliff walls where they
have plenty of room to maneuver. The nest may become huge, as much as eight to ten feet
across and three to four feet deep. Threats include human disturbance, loss of habitat, shooting,
lead poisoning, and electrocution from power lines.
Suitable foraging and nesting habitat exists throughout the Study Area. An immature golden
eagle was observed during the 15 January 2020 survey and is present within the Study Area.
Red-Shouldered Hawk (Buteo lineatus). State Protected
The red-shouldered hawk is a medium-sized, slender Buteo with long legs and a long tail and is
smaller than the red-tailed hawk. Upperparts are dark with pale spotting, and rusty-reddish
feathers on the wing create the distinctive shoulder patch. The tail has several wide, dark bars;
the intervening narrow stripes and the tip of the tail are white, and there is variation in the
number of tail bars among adults and juveniles. The habitat that the red-shouldered hawk prefers
varies from bottomland hardwoods and riparian areas to upland deciduous or mixed deciduous-
conifer forest, and almost always includes some form of water, such as a swamp, marsh, river, or
pond. In the west, the red-shouldered hawk sometimes occurs in coniferous forests, and has been
expanding its range of occupied habitats to include various woodlands, including stands of
eucalyptus trees amid urban sprawl.
38
Suitable foraging and nesting habitat exists throughout the Study Area; a red-shouldered hawk
was observed during the 15 January 2020 survey along Dry Creek and is present within the
Study Area.
MAMMALS
Special-Status Bats
Bats (Order - Chiroptera) are the only mammals capable of “true” flight. They are nocturnal
feeders and locate their prey which consists of small to medium sized insects by echolocation.
Bats consume vast amounts of insects making them very effective pest control agents. They may
eat as much as their weight in insects per day. Maternity roosts comprised of only females, may
be found in buildings or mine shafts with temperatures up to 40 degrees Celsius and a high
percentage of humidity to ensure rapid growth in the young. Female bats give birth to only one
or two young annually and roost in small or large numbers. Males may live singly or in small
groups, but scientists are still unsure of the whereabouts of most males in summer.
Special-status bats with the potential to occur within the Study Area are listed below. While
special-status bats were not observed during the January 2020 surveys, they could potentially
occur within the Study Area based on the roosting and/or foraging opportunities provided by the
various woodland and forested habitats present within the Study Area.
Western mastiff bat (Eumops perotis californicus); California Special Concern species
Silver-haired bat (Lasionycteris noctivagans), California Special Concern species
7.0 CONCLUSIONS
7.1 Wetlands
Concurrent with the results of the biological assessment survey, a preliminary jurisdictional
determination (PJD) of wetland and “other waters” was conducted by BRS in January 2020,
which identified the presence of regulated waters of the U.S. within the Study Area. A small
portion of Dry Creek crosses through the Study Area along the far western boundary, and the
unnamed intermittent blue-line feature associated with Sawmill Ravine occurs throughout the
entire length of the Study Area flowing in an east-to-west direction. Various mining related
depressions and ephemeral drainages are also present in portions of the Study Area. Some of
these features may be considered jurisdictional by either the Corps, CDFW and/or RWQCB. If
so, any proposed mining activities associated within said features will be subject to permits from
these agencies.
7.2 Special-Status Plants
Several special-status plant species have the potential to occur on the Study Area based on the
presence of suitable habitats and soil types. The special-status plants that have the potential to
occur on the Study Area include big-scale balsamroot, dissected-leaved toothwort, white-
stemmed clarkia, Mildred’s clarkia, Mosquin’s clarkia, Clifton’s eremogone, California satintail,
39
Red Bluff dwarf rush, Colusa layia, Ahart’s paronychia, California beaked-rush, brownish
beaked-rush, Sanford’s arrowhead and Butte County checkerbloom.
7.3 Special-Status Wildlife
Special-Status Invertebrates – The seasonal and emergent wetland habitats and mining related
depressions within the Study Area may provide suitable conditions to support vernal pool fairy
shrimp, vernal pool tadpole shrimp, and California linderiella. The Study Area does not occur
within designated critical habitat for vernal pool fairy and tadpole shrimp.
While two elderberry shrubs were found within the Study Area, the stems of both shrubs were
carefully examined for the presence of exit holes that may indicate presence of the valley
elderberry longhorn beetle; no exit holes were detected.
Special-Status Amphibians – Dry Creek and the intermittent stream system associated with
Sawmill Ravine and the stream-associated backwaters and isolated pools within the historic
settling ponds and mine tailing willow riparian scrub habitat within the Study Area may provide
suitable conditions to support the foothill yellow-legged frog.
The Sawmill Ravine stream-associated backwaters and isolated pools within the historic settling
ponds and mine tailing willow riparian scrub habitats may provide suitable breeding habitat for
the California red-legged frog, However, possible high turbidity levels in the water column
associated with mining operation runoff and the absence of burrow complexes of fossorial
mammals (e.g., California ground squirrels) in close proximity to the Study Area for upland
dispersal habitat after the breeding season likely precludes the presence of this species.
Special-Status Reptiles – The historic settling ponds, emergent wetlands, riparian woodland and
scrub habitats along the western half of the Study Area may provide suitable conditions to
support the northwestern pond turtle. However, these same habitats, along with lack of nearby
fossorial mammals burrow for upland refugia habitat and unstable gravelly-sandy substrates do
not likely provide suitable conditions to support the giant gartersnake.
Special-Status Raptor Species – Foraging and nesting habitat for the Cooper’s hawk, sharp-
shinned hawk, golden eagle, bald eagle, red-tailed hawk, red-shouldered hawk, great-horned owl,
American kestrel and other raptors exists throughout the Study Area in the form of the annual
grassland, riparian forest, woodland and scrub, seasonal and emergent wetlands, blue oak and
mixed foothill pine-interior live oak woodland habitats. Abundant prey resources are present in
the form of bird, reptile and mammal species. Red-shouldered hawk and golden and bald eagles
were observed within the Study Area during the January 2020 surveys.
While not a state species of special concern but afforded protection by the MBTA, nesting and
foraging habitat exists on the site for the great-horned owl (Bubo virginianus), which was
observed in the Valley Oak-Sycamore Riparian Forest during the January 2020 surveys.
Special-Status Bird Species – Foraging and nesting habitat for the tricolored blackbird exists
throughout the Study Area in the form of the more brushy emergent wetland areas throughout the
Study Area.
40
Special-Status Mammals – Suitable roosting and/or foraging habitat for the western mastiff and
silver-haired bat species exists throughout the Study Area in the form of the various woodland
and forested habitats present.
7.4 Butte County General Plan – Oak Woodland Mitigation Ordinance
The new DRAFT (2018) includes a change in the definition of Oak Woodland. The definition no
longer requires oaks to be 10% of the tree canopy in order for the project to be subject to the
Ordinance. This simplifies this portion of the draft ordinance and expands the applicability of
the ordinance.
The new draft plan sets a cap for the removal of oak woodlands by requiring that 30% remain
(no more than 70% removal). This is borrowed from the Butte County Oak Woodland
Management Plan. While the context of that plan is voluntary and is a recommendation
regarding firewood removal, the county is proposing this same percentage as a cap for
discretionary projects.
8.0 RECOMMENDATIONS
Concurrent with this biological resources assessment, a wetland delineation has been
conducted in accordance with U.S. Army Corps of Engineers guidelines to determine the
extent of Corps, California Department of Fish and Game, and Regional Water Quality
Control Board jurisdictional waters falling within the Study Area boundaries. Any future
proposed mining activities that may potentially impact riverine resources associated with
Dry Creek and Sawmill Ravine, along with impacts to wetland resources associated with
the emergent and seasonal wetlands, may be subject to permits from these agencies.
Mining activities could expose soil to increased rates of erosion during project periods.
During active mining operations, runoff could adversely affect aquatic wildlife resources
within the various riverine and wetland habitats. Surface water runoff could remove
particles of fill or exposed soils from the site, or could erode soil down-gradient, if flows
are not controlled. If water is present within any of these features, deposition of eroded
material could increase turbidity, thereby endangering aquatic wildlife resources.
Implementation of appropriate mitigation measures would ensure that impacts to aquatic
organisms would be avoided or minimized. Mitigation measures may include best
management practices (BMP’s) such as silt fencing and check-dams after excavation
activities as identified in a Storm Water Pollution Prevention Plan (SWPPP).
New mining disturbances within the Study Area may result in vegetation removals that
could directly destroy nests, eggs, and immature birds, and would remove future nesting
habitat for birds, including sensitive species such as migrating songbirds. If impacts to
on-site habitats were nesting birds are detected and cannot be avoided, then the removal
of the tree, shrub and/or herbaceous vegetative cover will occur outside the breeding
season, which is typically between (January) 15 February and August 30 of each year.
41
If any active raptor nests are present within the Study Area in the future, all mining-
related activity must maintain a buffer of at least 150 feet during the breeding season
from March to August and the site protected until August 15 or until the young have
fledged (typically 3 to 4 weeks). A nesting raptor survey 72 hours prior to the removal of
vegetation and/or construction is required to determine presence/absence of nesting raptor
species.
Due to the presence of suitable habitat types, soil conditions, and recent occurrences in
the vicinity of the Study Area, several special-status plant species have been identified as
having the potential to occur within the Study Area. A protocol-level preconstruction
floristic survey should be performed prior to any new mining disturbances to identify the
location of any listed special-status plants. Should any mining activities take place near
any confirmed listed plant species, a reasonable buffer (TBD in consultation with
CDFW) established by CDFW must be maintained until mining activity no longer occurs
in that area.
If a discretionary action is required, the applicant must comply with the Butte County
General Plan – Oak Woodland Mitigation Ordinance during all phases of active mining
operations. This element discusses proper mitigation measures regarding significant
impacts to oak trees such as those that occur within the Study Area. Should any of these
trees within the Study Area require removal, the client must hire an arborist to count
individual trees and take diameter at breast height (dbh) measurements. Mitigation
measures for tree removal will be decided on by the County to reduce impacts to a less
than significant level.
42
9.0 LITERATURE CITED
Baldwin, B. G., D. H. Goldman, D. J. Keil, R. Patterson, T. J. Rosatti, AND D. H. Wilken,
editors. 2012. The Jepson manual: vascular plants of California. 2nd edition.
University of California Press, Berkeley, California, USA.
Barr, C.B. 1991. The distribution, habitat and status of the valley elderberry longhorn beetle,
Desmocerus californicus dimorphus. U.S. Fish and Wildlife Service, Sacramento.
Butte County. 2017/18. Butte County General Plan – Oak Woodland Mitigation Ordinance.
Accessed January 2020. Available online at:
https://www.buttecounty.net/dds/Planning/Butte-County-General-Plan
California Department of Fish and Wildlife Natural Diversity Data Base (CNDDB), computer
listings and map locations of historic and current recorded occurrences of special-status
species and natural communities of special concern for the USGS 7.5 minute topo
quadrangle map for Cherokee; Accessed December 2019.
California Department of Fish and Wildlife. Special Animals List; August 2019. State of
California, The Natural Resources Agency, Biogeographic Data Branch, Department of
Fish and Wildlife, California Natural Diversity Database. Available online at:
https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=109406&inline
Accessed January 2020.
_________. August 2019. State and federally listed Endangered, Threatened, and Rare Animals
of California. Available online at:
https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=109405&inline
__________. 2008. State and federally listed Endangered and Threatened animals of California.
Available online at: http://www.dfg.ca.gov/endangered/t_e_animal.pdf.
California Native Plant Society (CNPS). 2020. Inventory of Rare and Endangered Plants (on-line
edition, v6-04d1). California Native Plant Society. Sacramento, CA. Accessed January
2020. Available online at http://www.cnps.org/inventory
Holland, R.F. 1986. Preliminary Description of the Natural Communities of California. CDFG.
Natural Resources Conservation Service (NRCS), United States Department of Agriculture. Web
Soil Survey. Accessed January 2020. Available online at
http://websoilsurvey.nrcs.usda.gov.
Sawyer and Keeler-Wolf. 1995. A Manual of California Vegetation. California Native Plant
Society.
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Skinner, M. W. and B. M. Pavlik (eds.). 1994. Inventory of rare and endangered vascular plants
of California. California Native Plant Society Special Publication No. 1 (5th edition).
California Native Plant Society, Sacramento, CA. 338 pp.
Sibley, D.A. 2000. The Sibley Guide to Birds. Alfred Knopf, New York.
United States Fish and Wildlife Service. 2020. Listed species believed to or known to occur in
California. Available online at: https://ecos.fws.gov/ecp0/reports/species-listed-by-state-
report?state=CA&status=listed
__________. 2020. Species Information for the valley elderberry longhorn beetle. U.S. Fish and
Wildlife Service, Sacramento, California. Available online at:
https://www.fws.gov/sacramento/es_species/Accounts/Invertebrates/valley_elderberry_lo
nghorn_beetle/
__________. 1999b. Draft Recovery Plan for the Giant Garter Snake (Thamnophis gigas).
USFWS, Sacramento, CA. Available online at:
https://www.fws.gov/pacific/news/1999/garter.pdf
___________. 2007a. Vernal pool fairy shrimp (Branchinecta lynchi) Species Account.
Sacramento Fish and Wildlife Office. Updated October 11, 2007. Available online at
http://www.fws.gov/sacramento/es_species/es_species-accounts_invertebrates.htm
Accessed January 2020.
__________. 2007b. Vernal pool tadpole shrimp (Lepidurus packardi) Species Account.
Sacramento Fish and Wildlife Office. Updated October 15, 2007. Available online at
http://www.fws.gov/sacramento/es_species/es_species-accounts_invertebrates.htm
Accessed January 2020.
__________. 2007c. Valley Elderberry Longhorn Beetle (Desmocerus californicus dimorphus)
5-Year Review. February 2007.
Van Hatten, M. 2018. Considerations for Conserving the Foothill Yellow-Legged Frog.
California Department of Fish and Wildlife; Northern Region Habitat Conservation
Planning Branch. Available electronically at:
https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=157562&inline
ATTACHMENTS
ATTACHMENT 1
FIGURES
Figure 1 Regional Map
Figure 2 Site Vicinity and USGS Map
Figure 3 Aerial Photograph
Figure 4 Map of CNDDB Reports of Special-Status Plants
Figure 5 Map of CNDDB Reports of Special-Status Animals
Figure 6 Biological Communities
Figure 7 Soils Map
Disclaimer: The data was mapped for planning purposes only. No liability isassumed for accuracy of the data shown.
´0 8 16 Miles
^_§¨¦5
§¨¦80
UV36
UV70
UV99
UV65
UV49
UV149
UV99
UV99
UV70
UV49
UV70
UV36
UV20
UV20
UV49
UV70
UV20
Butte County
Tehama County
Plumas County
Colusa County
Glenn County
Yuba County
Nevada County
Sutter County
Sierra County
Lassen County
El Dorado County
^_Study Area
Legend:Figure 1 2/3/2020Regional MapPentz Pit MineValley Sand and Rock Butte County, California
^_
C a l i f o r n i a
Chico
Oroville
ParadiseOrland
Willows
Williams Yuba City
Gridley
QuincyCorning
Los Molinos
Red Bluff
Chester
Study Area
Disclaimer: The data was mapped for planning purposes only. No liability isassumed for accuracy of the data shown.
´0 0.5 1 Miles
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Grub Flat Reservoir
Wilson Reservoir
Morgan Reservoir
Tom JonesReservoir
Sugarloaf
Flag Canyon
Sausage Mtn
Glover RIdge
Sawmill Ravine
North Table Mtn
MessillaValley
West Branch Bridge
CherokeePentzJames
CampbellFlat
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Dry Creek
600 1300400100011
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70012005001500900800
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Study Area
Data: United State Geological Survey, Cherokee and Oroville Quadrangles California 7.5'. 2018. Data Downloadable Online. Accessed [01/27/2020].
Legend:Figure 2 2/19/2020
Study Area
Vicinity and USGS MapPentz Pit MineValley Sand and RockButte County, California
CannonReservoir
Slickens Rd
Disclaimer: The data was mapped for planning purposes only. No liability isassumed for accuracy of the data shown.
´0 1,000 2,000500 Feet
Aerial Imagery captured by Robison Engineering on 1/23/2020 & Aerial photo adapted from Google Earth Imagery dated 12/11/2018.
Legend:2/14/2020Figure 3Aerial PhotographPentz Pit MineValley Sand and RockButte County, California
Study Area - 232.6 acresWheelock RdSlickens Rd¬«70
D<>ve Rdge Rd
10
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�iles � 0 Figure 4. Map of CNDDB Occurrences of Special-Status Plants Within a 5-Mile Radius of the Study Area
Pentz Pit Mine
Butte County, California
.6.. Study Area
c:::J 5 Mile Buffer
Special Status Habitats and Plants
1. Northern Basalt Flow Vernal Pool 10. Butte County checkerbloom
2. big-scale balsamroot 11. Ahart's buckwheat
3.Colusa layia 12. pink creamsacs
4. Lewis Rose's ragwort 13. Red Bluff dwarf rush
5. dissected-leaved toothwort 14. Jepson's onion
6. Butte County golden clover 15. Butte County fritillary
7. veiny monardella 16. adobe-lily
8. Butte County meadowfoam 17. Great Valley Cottonwood Riparian Forest
9. woolly rose-mallow 18.Great Valley Willow Scrub
Symbology 1111 Plant (80m) '222J Plant (specific)
� Plant (non-specific)
� Plant (circular)
� Terrestrial Comm. (specific)
� Terrestrial Comm. (non-specific)
� Terrestrial Comm. (circular)
� Multiple (circular)
Map of CNDDB Reports
of Special-Status Plants
FIGURE 4
1"9
western
Gold Run mast@bat
c;,,r-'l""l'-6 ,,,, <1'
Dove Ridge Rd
foot ellow!I
Ca�
Co a I
fro
horned lizard
NORTH ABL,E MOUNTAIN
!hill .!fegged
OQRed Hill
tricolored blackbird
Figure 5. Map of CNDDB Occurrences of Special-Status Animals Within a 5-Mile Radius of the Study Area
Pentz Pit Mine Butte County, California .A. Study Area c::::J 5-Mile Buffer
Symbology 1111 Animal (80m)
� Animal (specific)
� Animal (non-specific)
� Animal (circular)
� Multiple (circular) EEE Sensitive EO's (Commercial only)
Map of CNDDB Reports
of Special-Status Animals
FIGURE 5
Disclaimer: The data was mapped for planning purposesonly. No liability is assumed for accuracy of the data shown.
Legend:
kjkj
Biological
Communities
Pentz Pit Mine
Valley Sand and Rock
Figure 6
kj Elderberry Shrub (EB)
Study Area - 232.6 acres
Ordinary High Water Mark
Biological Communities
Seasonal Wetland (SW) - 0.01 acre
Emergent Wetland (EW) - 0.85 acre
Willow Riparian Scrub (WRS) - 36.92 acres
Settling Pond (SP) - 1.42 acre
Fresh Water Pond (FWP) - 0.49 acre
Quarry Pond (QP) - 0.59 acre
Mining Related Depression (MRD) - 5.96 acres
Ruderal - 59.6 acres
Annual Grassland - 12.13 acres
Chaparral - 13.01 acres
Mixed Foothill Pine-Interior Live Oak Woodland
- 17.03 acres
Cottonwood Riparian Woodland - 6.10 acres
Interior Live Oak-Foothill Pine Woodland - 2.54acres
Valley Oak Cottonwood-Sycamore Riparian
Forest - 3.49 acres
Blue Oak Woodland - 1.66 acre
Developed - 67.55 acres
4970 Slickens Rd, Oroville
Butte County, California
Coordinate System:
California State Plane Zone II NAD83 (Feet)
Projection: Lambert_Conformal_Conic
Datum: North American 1983
USGS Topo Quad:Cherokee, CA
PLSS: T21N, R3E, Sections 25 and 36
T21N, R4E, Sections 30
Delineated By: Chris Bronny
Delineation Dates: 1/22/20 & 1/24/20
Map Date: 2/19/2020
Facility Aerial Imagery captured by Robison Engineering on1/23/2020 & Source: Esri, DigitalGlobe, GeoEye, EarthstarGeographics, CNES/Airbus DS, USDA, USGS, AeroGRID,
0 500 1,000250 Feet
1:6,600 ´
Map 1 Map 2
Map 3
Map 4
Highway 70Slickens Rd
Disclaimer: The data was mapped for planning purposesonly. No liability is assumed for accuracy of the data shown.
Legend:
Biological
Communities
Pentz Pit Mine
Valley Sand and Rock
Figure 6 - Map 1
kj Elderberry Shrub (EB)
Study Area - 232.6 acres
Ordinary High Water Mark
Biological Communities
Seasonal Wetland (SW) - 0.01 acre
Emergent Wetland (EW) - 0.85 acre
Willow Riparian Scrub (WRS) - 36.92 acres
Settling Pond (SP) - 1.42 acre
Fresh Water Pond (FWP) - 0.49 acre
Quarry Pond (QP) - 0.59 acre
Mining Related Depression (MRD) - 5.96 acres
Ruderal - 59.6 acres
Annual Grassland - 12.13 acres
Chaparral - 13.01 acres
Mixed Foothill Pine-Interior Live Oak Woodland- 17.03 acres
Cottonwood Riparian Woodland - 6.10 acres
Interior Live Oak-Foothill Pine Woodland - 2.54
acres
Valley Oak Cottonwood-Sycamore RiparianForest - 3.49 acres
Blue Oak Woodland - 1.66 acre
Developed - 67.55 acres
4970 Slickens Rd, Oroville
Butte County, California
Delineated By: Chris Bronny
Delineation Dates: 1/22/20 & 1/24/20
Map Date: 2/19/2020
Facility Aerial Imagery captured by Robison Engineering on1/23/2020 & Source: Esri, DigitalGlobe, GeoEye, EarthstarGeographics, CNES/Airbus DS, USDA, USGS, AeroGRID,
0 200 400100 Feet
1 inch = 200 feet ´M1 M2
M3 M4
Match Line - See Map 2
Disclaimer: The data was mapped for planning purposesonly. No liability is assumed for accuracy of the data shown.
Legend:kjkjEB-2EB-1
Biological
Communities
Pentz Pit Mine
Valley Sand and Rock
Figure 6 - Map 2
kj Elderberry Shrub (EB)
Study Area - 232.6 acres
Ordinary High Water Mark
Biological Communities
Seasonal Wetland (SW) - 0.01 acre
Emergent Wetland (EW) - 0.85 acre
Willow Riparian Scrub (WRS) - 36.92 acres
Settling Pond (SP) - 1.42 acre
Fresh Water Pond (FWP) - 0.49 acre
Quarry Pond (QP) - 0.59 acre
Mining Related Depression (MRD) - 5.96 acres
Ruderal - 59.6 acres
Annual Grassland - 12.13 acres
Chaparral - 13.01 acres
Mixed Foothill Pine-Interior Live Oak Woodland- 17.03 acres
Cottonwood Riparian Woodland - 6.10 acres
Interior Live Oak-Foothill Pine Woodland - 2.54
acres
Valley Oak Cottonwood-Sycamore RiparianForest - 3.49 acres
Blue Oak Woodland - 1.66 acre
Developed - 67.55 acres
4970 Slickens Rd, Oroville
Butte County, California
Facility Aerial Imagery captured by Robison Engineering on1/23/2020 & Source: Esri, DigitalGlobe, GeoEye, EarthstarGeographics, CNES/Airbus DS, USDA, USGS, AeroGRID,
0 200 400100 Feet
1 inch = 200 feet ´M1 M2
M3 M4
Match Line - See Map 1
Match Line - See Map 3Match Line - See Map 3
Delineated By: Chris Bronny
Delineation Dates: 1/22/20 & 1/24/20
Map Date: 2/19/2020
Disclaimer: The data was mapped for planning purposesonly. No liability is assumed for accuracy of the data shown.
Legend:kjkjEB-2EB-1
Biological
Communities
Pentz Pit Mine
Valley Sand and Rock
Figure 6 - Map 3
kj Elderberry Shrub (EB)
Study Area - 232.6 acres
Ordinary High Water Mark
Biological Communities
Seasonal Wetland (SW) - 0.01 acre
Emergent Wetland (EW) - 0.85 acre
Willow Riparian Scrub (WRS) - 36.92 acres
Settling Pond (SP) - 1.42 acre
Fresh Water Pond (FWP) - 0.49 acre
Quarry Pond (QP) - 0.59 acre
Mining Related Depression (MRD) - 5.96 acres
Ruderal - 59.6 acres
Annual Grassland - 12.13 acres
Chaparral - 13.01 acres
Mixed Foothill Pine-Interior Live Oak Woodland- 17.03 acres
Cottonwood Riparian Woodland - 6.10 acres
Interior Live Oak-Foothill Pine Woodland - 2.54
acres
Valley Oak Cottonwood-Sycamore RiparianForest - 3.49 acres
Blue Oak Woodland - 1.66 acre
Developed - 67.55 acres
4970 Slickens Rd, Oroville
Butte County, California
Facility Aerial Imagery captured by Robison Engineering on1/23/2020 & Source: Esri, DigitalGlobe, GeoEye, EarthstarGeographics, CNES/Airbus DS, USDA, USGS, AeroGRID,
0 200 400100 Feet
1 inch = 200 feet ´M1 M2
M3 M4
Match Line - See Map 4Match Line - See Map 2Match Line - See Map 2
Delineated By: Chris Bronny
Delineation Dates: 1/22/20 & 1/24/20
Map Date: 2/19/2020
Disclaimer: The data was mapped for planning purposesonly. No liability is assumed for accuracy of the data shown.
Legend:
Biological
Communities
Pentz Pit Mine
Valley Sand and Rock
Figure 6 - Map 4
kj Elderberry Shrub (EB)
Study Area - 232.6 acres
Ordinary High Water Mark
Biological Communities
Seasonal Wetland (SW) - 0.01 acre
Emergent Wetland (EW) - 0.85 acre
Willow Riparian Scrub (WRS) - 36.92 acres
Settling Pond (SP) - 1.42 acre
Fresh Water Pond (FWP) - 0.49 acre
Quarry Pond (QP) - 0.59 acre
Mining Related Depression (MRD) - 5.96 acres
Ruderal - 59.6 acres
Annual Grassland - 12.13 acres
Chaparral - 13.01 acres
Mixed Foothill Pine-Interior Live Oak Woodland- 17.03 acres
Cottonwood Riparian Woodland - 6.10 acres
Interior Live Oak-Foothill Pine Woodland - 2.54
acres
Valley Oak Cottonwood-Sycamore RiparianForest - 3.49 acres
Blue Oak Woodland - 1.66 acre
Developed - 67.55 acres
4970 Slickens Rd, Oroville
Butte County, California
Facility Aerial Imagery captured by Robison Engineering on1/23/2020 & Source: Esri, DigitalGlobe, GeoEye, EarthstarGeographics, CNES/Airbus DS, USDA, USGS, AeroGRID,
0 200 400100 Feet
1 inch = 200 feet ´
M1 M2
M3 M4
Match Line - See Map 3Delineated By: Chris Bronney
Delineation Dates: 1/22/20 & 1/24/20
Map Date: 2/19/2020
ATTACHMENT 2
TABLES
Table 1
Plant Species Observed
Within the Survey Area
Table 1
Plant Species Observed Within the Study Area
Nomenclature follows The Jepson Manual, 2nd Ed., 2012
*denotes naturalized species
Scientific Name Common Name
Section - Ferns
Equisetaceae
Equisetum telmateia ssp. braunii Giant horsetail
Polypodiaceae
Polypodium californicum California polypody
Pteridaceae
Pellaea mucronata var. mucronata Bird's-foot fern
Pentagramma triangularis Goldback fern
Section - Gymnosperms
Pinaceae
Pinus sabiniana Foothill pine
Section - Eudicots
Adoxaceae
Sambucus nigra ssp. caerulea Blue elderberry
Anacardiaceae
Toxicodendron diversilobum Poison oak
Apiaceae
Sanicula crassicaulis Pacific sanicle
Torilis (arvensis)* Field hedge-parsley
Scientific Name Common Name
Apocynaceae
Vinca major* Periwinkle
Aristolochiaceae
Aristolochia californica Dutchman's pipe
Asteraceae
Artemisia douglasiana California mugwort
Baccharis pilularis Coyote brush
Baccharis salicifolia Mule-fat
Centaurea solstitialis* Yellow star-thistle
Cichorium intybus* Chicory
Dittrichia graveolens* Stinkweed
Eriophyllum (lanatum) Woolly sunflower
Euthamia occidentalis Western goldenrod
Grindelia (camporum) Great Valley gumweed
Heterotheca grandiflora Telegraphweed
Holocarpha (virgata) Tarweed
Lactuca serriola* Prickly lettuce
Logfia sp. Cottonrose
Pseudognaphalium beneolens Cudweed
Pseudognaphalium luteoalbum* Jersey cudweed
Silybum marianum* Milk thistle
Xanthium strumarium Cocklebur
Betulaceae
Alnus rhombifolia White alder
Boraginaceae
Amsinckia sp. Fiddleneck
Phacelia sp. Phacelia
Brassicaceae
Cardamine oligosperma Bitter-cress
Hirschfeldia incana* Short-pod mustard
Caryophyllaceae
Cerastium glomeratum* Mouse-ear chickweed
Scientific Name Common Name
Ericaceae
Arbutus menziesii Madrone
Arctostaphylos
Arctostaphylos
Arctostaphylos
Euphorbiaceae
Croton setiger Turkey mullein
Fabaceae Acmispon americanus var.
americanus Spanish clover
Acmispon sp. Lotus
Genista monspessulana* French broom
Lupinus albifrons var. albifrons Bush lupine
Lupinus spp. Lupine
Spartium junceum* Spanish broom
Trifolium hirtum* Rose clover
Trifoliumspp. Clover
Vicia spp. Vetch
Fagaceae
Quercus douglasii Blue oak
Quercus lobata Valley oak
Quercus wislizeni var. wislizeni Interior live oak
Gentianaceae
Zeltnera (muehlenbergii) Muhlenberg's centaury
Geraniaceae
Erodium botrys* Longbeak stork's bill
Geranium molle* Dove's-foot geranium
Lamiaceae
Mentha pulegium Pennyroyal
Trichostema lanceolatum Vinegarweed
Lythraceae
Lythrum hyssyopifolia* Hyssop loosestrife
Scientific Name Common Name
Montiaceae
Claytonia (perfoliata) Miner's lettuce
Onagraceae
Clarkia spp. Clarkia
Epilobium brachycarpum Annual fireweed
Epilobium canum California fuschia
Epilobium (ciliatum) Willow-herb
Phrymaceae
Erythranthe guttata Seep monkeyflower
Plantaginaceae
Callictriche (marginata) Winged water-starwort
Keckiella breviflora Bush beardtongue
Polemoniaceae
Navarretia sp. Navarretia
Polygonaceae
Eriogonum nudum var. nudum Naked buckwheat
Eriogonum sp. Buckwheat
Persicaria (lapathifolia) Willow weed
Polygonum sp. Knotweed
Rumex crispus* Curly dock
Rumex pulcher* Fiddle-dock
Primulaceae
Primula sp. Shooting star
Rhamnaceae
Ceanothus sp. Wild lilac
Frangula californica ssp.
californica California coffeeberry
Rosaceae
Heteromeles arbutifolia Toyon
Rubus armeniacus* Himalayan blackberry
Scientific Name Common Name
Rubiaceae
Galium porrigens Climbing bedstraw
Salicaceae
Populus fremontii ssp. fremontii Fremont's cottonwood
Salix exigua Sandbar willow
Salix laevigata Red willow
Salix lasiolepis Arroyo willow
Scrophulariaceae
Verbascum thapsus Woolly mullein
Solanaceae
Solanum americanum Small-flowered nightshade
Urticaceae
Urtica dioica spp. holosericea Stinging nettle
Viscaceae
Phoradendron leucarpum
sp. macrophyllum Big-leaf mistletoe
Phoradendron leucarpum
ssp. tomentosum Oak mistletoe
Vitaceae
Vitus californica California wild grape
Section - Monocots
Agavaceae
Chlorogalum angustifolium Narrow leaf soap plant
Alismataceae
Alisma (lanceolatum)* Water-plantain
Cyperaceae
Carex spp. Sedge
Cyperus eragrostis Tall flatsedge
Cyperus sp. Flatsedge
Scientific Name Common Name
Eleocharis macrostachya
(palustris) Common spikerush
Isolepis cernua Miniature tule
Schoenoplectus californicus California tule
Juncaceae
Juncus acuminatus Tapertip rush
Juncus effusus Common rush
Juncus oxymeris Pointed rush
Juncus patens Spreading rush
Juncus xiphioides Iris-leaved rush
Poaceae Andropogon virginicus var.
virginicus* Broomsedge bluestem
Avena (fatua)* Wild oat
Briza minor* Little quaking grass
Bromus diandrus* Rip-gut brome
Bromus hordeaceus* Soft chess
Bromus madritensis* Red brome
Cortaderia selloana* Pampas grass
Crypsis schoenoides* Swamp pricklegrass
Cynodon dactylon* Bermuda grass
Cynosurus echinatus* Hedgehog dogtail
Digitaria sanguinalis* Crab grass
Distichlis spicata Salt grass
Elymus caput-medusae* Medusahead grass
Elymus trachycaulus ssp.
trachycaulus Slender wheatgrass
Festuca myuros* Rattail fescue
Festuca perenne* Perennial rye grass
Festuca sp. Fescue
Gastridium phleoides* Nit grass
Melica imperfecta Small-flowered melicgrass
Muhlenbergia rigens Deer grass
Panicum capillare Panic grass
Paspalum dilitatum* Dallis grass
Polypogon monspeliensis* Annual beardgrass
Setaria parviflora Marsh bristlegrass
Scientific Name Common Name
Themidaceae
Dichelostemma (capitatum) Blue dicks
Triteleia sp. Triteleia
Typhaceae
Typha latifolia Narrow-leaved cattail
Table 2
Wildlife Species Observed
Within/Adjacent to the Survey Area
Table 2
Wildlife Species Observed Within/Adjacent to the Study Area
Scientific Name Common Name
Amphibians
Pseudacris regilla Pacific tree frog
Birds
Aphelocoma woodhouseii Woodhouse's scrub-jay
Aquila chrysaetos Golden eagle
Buteo lineatus Red-shouldered hawk
Cathartes aura Turkey vulture
Corvus brachyrhynchos American crow
Dendroica coronata Yellow-rumped warbler
Gallinago delicata Wilson's snipe
Haliaeetus leucocephalus Bald eagle
Junco hyemalis Dark-eyed junco
Pipilo maculatus Spotted towhee
Melanerpes formicivorus Acorn woodpecker
Meleagris gallopavo Wild turkey
Sayornis nigricans Black phoebe
Sialia mexicana Western bluebird
Vireo sp. Vireo
Zenaida macroura Mourning dove
Zonotrichia leucophrys White-crowned sparrow
Mammals
Canis latrans Coyote (tracks and scat)
Castor canadensis North American beaver
Lepus californicus Black-tailed jackrabbit
Lynx rufus Bobcat (tracks)
Odocoileus hemionus Black-tailed deer
Sciurus griseus Western gray squirrel
Table 3
Special-Status Species Occurring Within the Cherokee, Paradise
West, Paradise East, Pulga, Hamlin Canyon, Berry Creek, Shippee,
Oroville, and Oroville Dam
7.5 Minute Quadrangle Maps
Table 3 Special-Status Species for the Cherokee, Paradise West, Paradise East, Pulga, Hamlin Canyon, Berry Creek, Shippee, Oroville, and Oroville Dam 7.5 Minute Quadrangle Maps1 Common Name/ Scientific Name Status (Fed/State/ CNPS)2 Blooming or Survey Period Habitats of Occurrence Potential on Site Status on Site** PLANTS Jepson’s onion (Allium jepsonii) -/-/1B.2 April – August Perennial bulbiferous herb that inhabits chaparral, cismontane woodland and lower montane coniferous forest underlain with serpentinite or volcanic soil substrates. Not Likely to Occur Study Area lacks suitable bedrock/soil substrates to support this species Big-Scale Balsamroot (Balsamorhiza macrolepis -/-/1B.2 March – June Perennial herb that inhabits chaparral, cismontane woodland, and valley and foothill grasslands, sometimes in serpentinite outcrops. May Occur Annual grassland along the northeastern portion of the Study Area could provide potentially suitable habitat to support this species. Dissected-leaved toothwort (Cardamine pachystigma var. dissectifolia) -/-/1B.2 February-May Perennial rhizomatous herb that inhabits chaparral and lower montane coniferous forest usually underlain with serpentinite and/or rocky soil substrates. May Occur Chaparral along the eastern portions of the Study Area could provide potentially suitable habitat to support this species.
Table 3 Special-Status Species for the Cherokee, Paradise West, Paradise East, Pulga, Hamlin Canyon, Berry Creek, Shippee, Oroville, and Oroville Dam 7.5 Minute Quadrangle Maps1 Common Name/ Scientific Name Status (Fed/State/ CNPS)2 Blooming or Survey Period Habitats of Occurrence Potential on Site Status on Site** Chapparal sedge (Carex xerophila) -/-/1B.2 March-June Perennial herb that inhabits chaparral, cismontane woodland and lower montane coniferous forest usually underlain with serpentinite and/or gabbroic soil substrates. Not Likely to Occur While chaparral along the eastern portions of the Study Area could provide potentially suitable habitat to support this species, suitable soil substrates are absent. Pink creamsacks (Castilleja rubicundula var. rubicundula) -/-/1B.2 April-June Hemiparasitic annual herb that inhabits chaparral (openings), cismontane woodland, meadows and seeps, and valley and foothill grassland underlain with serpentinite soil substrates. Not Likely to Occur While potentially suitable habitats exist within the Study Area, serpentinite soils substrates are absent.
Table 3 Special-Status Species for the Cherokee, Paradise West, Paradise East, Pulga, Hamlin Canyon, Berry Creek, Shippee, Oroville, and Oroville Dam 7.5 Minute Quadrangle Maps1 Common Name/ Scientific Name Status (Fed/State/ CNPS)2 Blooming or Survey Period Habitats of Occurrence Potential on Site Status on Site** White-stemmed clarkia (Clarkia gracvilis ssp. albicaulis) -/-/1B.2 May-July Annual herb that inhabits chaparral and cismontane woodland, often underlain with serpentinite soil substrates. May Occur Chaparral and scattered woodland habitat along the eastern portions of the Study Area could provide potentially suitable habitat to support this species. Stems of Clarkia from last season were observed during the January 2020 field surveys.
Table 3 Special-Status Species for the Cherokee, Paradise West, Paradise East, Pulga, Hamlin Canyon, Berry Creek, Shippee, Oroville, and Oroville Dam 7.5 Minute Quadrangle Maps1 Common Name/ Scientific Name Status (Fed/State/ CNPS)2 Blooming or Survey Period Habitats of Occurrence Potential on Site Status on Site** Mildred’s clarkia (Clarkia mildrediae ssp. mildrediae) -/-/1B.3 May-August Annual herb that inhabits cismontane woodland and lower montane coniferous forest in sandy, usually granitic soil substrates. May Occur Scattered woodland habitat along the eastern portions of the Study Area could provide potentially suitable habitat to support this species. Stems of Clarkia from last season were observed during the January 2020 field surveys.
Table 3 Special-Status Species for the Cherokee, Paradise West, Paradise East, Pulga, Hamlin Canyon, Berry Creek, Shippee, Oroville, and Oroville Dam 7.5 Minute Quadrangle Maps1 Common Name/ Scientific Name Status (Fed/State/ CNPS)2 Blooming or Survey Period Habitats of Occurrence Potential on Site Status on Site** Mosquin’s clarkia (Clarkia mosquinii) -/-/1B.1 May-July (September); months in parentheses are uncommon Annual herb that inhabits cismontane woodland and lower montane coniferous forest in rocky soil substrates and roadsides. May Occur Scattered woodland habitat along the eastern portions of the Study Area could provide potentially suitable habitat to support this species. Stems of Clarkia from last season were observed during the January 2020 field surveys. Clifton’s eremogone (Eremogone cliftonii) -/-/1B.3 April – September Perennial herb that inhabits chaparral, lower and upper montane coniferous forest, usually in openings underlain with granitic soil substrates. May Occur Chaparral along the eastern portions of the Study Area could provide potentially suitable habitat to support this species.
Table 3 Special-Status Species for the Cherokee, Paradise West, Paradise East, Pulga, Hamlin Canyon, Berry Creek, Shippee, Oroville, and Oroville Dam 7.5 Minute Quadrangle Maps1 Common Name/ Scientific Name Status (Fed/State/ CNPS)2 Blooming or Survey Period Habitats of Occurrence Potential on Site Status on Site** Ahart’s buckwheat (Eriogonum umbellatum var. ahartii) -/-/1B.2 June – September Perennial herb that inhabits chaparral and cismontane woodland slopes and openings underlain with serpentinite soil substrates. Not Likely to Occur While potentially suitable habitats exist within the Study Area, serpentinite soils substrates are absent. Fern-leaved monkeyflower (Erythranthe filicifolia) -/-/1B.2 April-June Annual herb that inhabits usually slow-draining, ephemeral seeps among exfoliating granitic slabs in chaparral, lower montane coniferous forest and ephemeral meadows and seeps. Presumed Absent Lack of suitable habitat. Hoover’s spurge (Euphorbia hooverii) FT/-/1B.2 July-September (October); months in parentheses are uncommon Annual herb that inhabits vernal pools. Presumed Absent No vernal pools within the Study Area. Caribou coffeeberry (Frangula purshiana ssp. ultramafica) -/-/1B.2 May – July Perenial deciduous shrub that inhabits chaparral, upper and lower montane coniferous forest, and meadows and seeps underlain with serpentinite soil substrates. Presumed Absent Lack of suitable soil substrates. Adobe-lily (Fritillaria pluriflora) -/-/1B.2 February-April Perennial bulbiferous herb that inhabits chaparral, cismontane woodland, and valley and foothill grassland, often in adobe clay soils. Not Likely to Occur Lack of adobe clay soils likely precludes presence of this species within the Study Area.
Table 3 Special-Status Species for the Cherokee, Paradise West, Paradise East, Pulga, Hamlin Canyon, Berry Creek, Shippee, Oroville, and Oroville Dam 7.5 Minute Quadrangle Maps1 Common Name/ Scientific Name Status (Fed/State/ CNPS)2 Blooming or Survey Period Habitats of Occurrence Potential on Site Status on Site** Woolly rose-mallow (Hibiscus lasiocarpos var. occidentalis) -/-/1B.2 June-September Perennial rhizomatous (emergent) herb that inhabits freshwater marshes and swamps, often in riprap on sides of levees. Presumed Absent Settling ponds and mining related depressions do not likely provide suitable habitat for this species. California satintail (Imperata brevifolia) -/-/2B.1 September-May Perennial rhizomatous herb that inhabits mesic chaparral, coastal scrub, Mojavean desert scrub, meadows and seeps (often alkali), and riparian scrub. May Occur Willow riparian scrub habitat in the central portion of the Study Area may provide potentially suitable habitat to support this species. Red Bluff dwarf rush (Juncus leiospermus var. leiospermus) -/-/1B.1 March – June Annual herb that inhabits vernally mesic valley and foothill grassland, chaparral, cismontane woodland, vernal pools, and meadows and seeps. May Occur Study Area provides a variety of potentially suitable habitats for this species.
Table 3 Special-Status Species for the Cherokee, Paradise West, Paradise East, Pulga, Hamlin Canyon, Berry Creek, Shippee, Oroville, and Oroville Dam 7.5 Minute Quadrangle Maps1 Common Name/ Scientific Name Status (Fed/State/ CNPS)2 Blooming or Survey Period Habitats of Occurrence Potential on Site Status on Site** Colusa layia (Layia septentrionalis) -/-/1B.2 April – May Annual herb that inhabits sandy chaparral, cismontane woodland and valley and foothill grassland, often underlain with serpentinite. May Occur Study Area provides a variety of potentially suitable habitats and sandy soil substrates for this species. Cantelow’s lewisia (Lewisia canteloviii) -/-/1B.2 May – October Perennial herb that inhabits mesic, granitic, and sometimes serpentinite seeps in broadleafed upland forest, chaparral, cismontane woodland and lower montane coniferous forest. Not Likely to Occur Study Area does not likely provide suitable soil substrates for this species Butte County meadowfoam (Limnanthes floccossa ssp. californica) FE/CE/1B.1 March-May Annual herb that inhabits vernal pools and mesic valley and foothill grassland. Presumed Absent Study Area does not likely provide suitable habitat for this species. Veiny monardella (Monardella venosa) -/-/1B.1 May-July Annual herb that inhabits cismontane woodland and valley and foothill grassland underlain with heavy clay soils. Presumed Absent Study Area does not likely provide suitable soil substrates for this species. Hairy Orcutt grass (Orcuttia pilosa) FE/CE/1B.1 May-September Annual herb that inhabits vernal pools. Presumed Absent Absence of vernal pools.
Table 3 Special-Status Species for the Cherokee, Paradise West, Paradise East, Pulga, Hamlin Canyon, Berry Creek, Shippee, Oroville, and Oroville Dam 7.5 Minute Quadrangle Maps1 Common Name/ Scientific Name Status (Fed/State/ CNPS)2 Blooming or Survey Period Habitats of Occurrence Potential on Site Status on Site** Lewis Rose’s ragwort (Packera eurycephala var. lewisrosei) -/-/1B.2 March-July (August-September); months in parentheses uncommon Perennial herb that inhabits chaparral, cismontane woodland, and lower montane coniferous forest often underlain with serpentinite. Presumed Absent Study Area does not likely provide suitable soil substrates for this species. Ahart’s paronychia (Paronychia ahartii) -/-/1B.1 February – June Annual herb that inhabits cismontane woodland, valley and foothill grassland and vernal pools. May Occur Study Area may provide potentially suitable habitat to support this species. Closed-throated beardtongue (Penstemon personatus) -/-/1B.2 June – September (October); months in parentheses uncommon Perennial herb that inhabits chaparral and upper and lower montane coniferous forest underlain with metavolcanics soil substrates. Presumed Absent Study Area does not likely provide suitable soil substrates for this species. Sierra blue grass (Poa sierrae) -/-/1B.3 April – July Perennial rhizomatous herb that inhabits openings in lower montane coniferous forest. Not Likely to Occur Eastern portion of Study Area may provide potentially suitable habitat for this species.
Table 3 Special-Status Species for the Cherokee, Paradise West, Paradise East, Pulga, Hamlin Canyon, Berry Creek, Shippee, Oroville, and Oroville Dam 7.5 Minute Quadrangle Maps1 Common Name/ Scientific Name Status (Fed/State/ CNPS)2 Blooming or Survey Period Habitats of Occurrence Potential on Site Status on Site** California beaked-rush (Rhynchospora californica) -/-/1B.1 May-July Perennial rhizomatous herb that inhabits bogs and fens in lower montane coniferous forest, meadows and seeps and freshwater marshes and swamps. May Occur Old settling ponds and mining related depressions could provide potentially suitable habitat for this species. Brownish beaked-rush (Rhynchospora capitellata) -/-/2B.2 July – August Perennial herb that inhabits mesic upper and lower montane coniferous forest, meadows and seeps, and marshes and swamps. May Occur Old settling ponds and mining related depressions could provide potentially suitable habitat for this species. Sanford’s arrowhead (Sagittaria sanfordii) -/-/1B.2 May – October (November); months in parentheses uncommon Perennial rhizomatous (emergent) herb that inhabits assorted shallow freshwater marshes and swamps. May Occur Old settling ponds and mining related depressions could provide potentially suitable habitat for this species. Feather River stonecrop (Sedum albomarginatum) -/-/1B.2 May-June Perennial herb that inhabits lower montane coniferous forest and chaparral underlain with serpentinite soil substrates. Presumed Absent Study Area does not likely provide suitable soil substrates for this species.
Table 3 Special-Status Species for the Cherokee, Paradise West, Paradise East, Pulga, Hamlin Canyon, Berry Creek, Shippee, Oroville, and Oroville Dam 7.5 Minute Quadrangle Maps1 Common Name/ Scientific Name Status (Fed/State/ CNPS)2 Blooming or Survey Period Habitats of Occurrence Potential on Site Status on Site** Butte County checkerbloom (Sidalcea robusta) -/-/1B.2 April-June Perennial rhizomatous herb that inhabits chaparral and cismontane woodland. May Occur Study Area provides potentially suitable habitat to support this species. Butte County golden clover (Trifolium jokerstii) -/-/1B.2 March – May Annual herb that inhabits mesic valley and foothill grasslands and vernal pools. Not Likely to Occur Study Area does not likely provide suitable habitat to support this species. Greene’s tuctoria (Tuctoria greenei) FE/CR/1B.1 May-July (September); months in parentheses are uncommon Annual herb that inhabits vernal pools. Presumed Absent Study Area does not provide suitable vernal pool habitat to support this species.
Table 3 Special-Status Species for the Cherokee, Paradise West, Paradise East, Pulga, Hamlin Canyon, Berry Creek, Shippee, Oroville, and Oroville Dam 7.5 Minute Quadrangle Maps1 Common Name/ Scientific Name Status (Fed/State/ CNPS)2 Blooming or Survey Period Habitats of Occurrence Potential on Site Status on Site** INVERTEBRATES Conservancy Fairy Shrimp (Branchinecta conservatio) FE/-/- Resident Conservancy fairy shrimp inhabit rather large, cool-water vernal pools with moderately turbid water. They have been collected from early November to early April. Presumed Absent – On USFWS IPaC Letter as potentially occuring in the vicinity of the Study Area Absence of vernal pool habitats likely precludes the presence of this species within the Study Area; nearest known occurrences are in the Vina Plains area in Butte and Tehama Counties Vernal Pool Fairy Shrimp (Branchinecta lynchi) FT/-/- Resident Endemic to vernal pools and swales of the Central Valley, central coast mountains and south coast mountains in small, clear water sandstone-depression pools and grassey swales, earth slump or basalt-flow depression rain-filled pools. May Occur – known CNDDB occurrences southwest of PSA May occur in mining related depressions within old gravel mine floor portions of the Study Area
Table 3 Special-Status Species for the Cherokee, Paradise West, Paradise East, Pulga, Hamlin Canyon, Berry Creek, Shippee, Oroville, and Oroville Dam 7.5 Minute Quadrangle Maps1 Common Name/ Scientific Name Status (Fed/State/ CNPS)2 Blooming or Survey Period Habitats of Occurrence Potential on Site Status on Site** Vernal Pool Tadpole Shrimp (Lepidurus packardii) FE/-/- Resident Vernal pools and swales in the Sacramento Valley containing clear to turbid water. May Occur – known CNDDB occurrences southwest of PSA May occur in mining related depressions within old gravel mine floor portions of the Study Area California Linderiella (Linderiella occidentalis). FSC/-/- Resident Found in the same vernal pool habitats as the fairy shrimp, California linderiella occur in clear vernal pools and lakes. May Occur May occur in mining related depressions within old gravel mine floor portions of the Study Area Valley Elderberry Longhorn Beetle (Desmocerus californicus dimorphus) FT/-/- Resident Occurs only in, and along the lower foothill edges of the Central Valley, in association with blue elderberry shrubs, which are the host plant for this species. Not Likely to Occur Presumed Absent- Two elderberry shrubs detected within Study Area; stems examined for potential exit holes; none detected
Table 3 Special-Status Species for the Cherokee, Paradise West, Paradise East, Pulga, Hamlin Canyon, Berry Creek, Shippee, Oroville, and Oroville Dam 7.5 Minute Quadrangle Maps1 Common Name/ Scientific Name Status (Fed/State/ CNPS)2 Blooming or Survey Period Habitats of Occurrence Potential on Site Status on Site** FISH Delta Smelt (Hypomesus transpacificus) FT/SE/- Resident Native to deltaic and riverine systems of Sacramento Valley. Presumed Absent – On USFWS IPaC Letter as potentially occuring in the vicinity of the Study Area Study Area does not provide suitable aquatic habitat for this species. AMPHIBIANS Foothill Yellow-Legged Frog (Rana boylii) -/SSC/- Resident Frequents rocky streams and rivers with rocky substrate and open, sunny banks, in forests, chaparral, and woodlands. Sometimes found in isolated pools, vegetated backwaters, and deep, shaded, spring-fed pools. Requires cobble streambeds for egg-laying. May Occur Portions of Dry Creek and the Sawmill Ravine stream feature may provide potentially suitable habitat for this species.
Table 3 Special-Status Species for the Cherokee, Paradise West, Paradise East, Pulga, Hamlin Canyon, Berry Creek, Shippee, Oroville, and Oroville Dam 7.5 Minute Quadrangle Maps1 Common Name/ Scientific Name Status (Fed/State/ CNPS)2 Blooming or Survey Period Habitats of Occurrence Potential on Site Status on Site** California Red-Legged Frog (Rana draytonii) FT/SSC/- Resident Found mainly near ponds in humid forests, woodlands, grasslands, coastal scrub, and streamsides with plant cover. Most common in lowlands or foothills. Frequently found in woods adjacent to streams. Breeding habitat is in permanent or ephemeral water sources; lakes, ponds, reservoirs, slow streams, marshes, bogs, and swamps. Not Likely to Occur – On USFWS IPaC Letter as potentially occuring in the vicinity of the Study Area Study Area does not occur within designated critical habitat for this species; existing wetland habitats and mining related depressions may provide marginally suitable breeding habitat for this species. Western Spadefoot Toad (Spea hammondii) SSC/-/- Resident Found primarily in grasslands, but also in valley-foothill hardwood woodlands. Breeding and egg-laying occur exclusively in vernal pools. Presumed Absent Study Area lacks vernal pool habitat for breeding and egg-laying.
Table 3 Special-Status Species for the Cherokee, Paradise West, Paradise East, Pulga, Hamlin Canyon, Berry Creek, Shippee, Oroville, and Oroville Dam 7.5 Minute Quadrangle Maps1 Common Name/ Scientific Name Status (Fed/State/ CNPS)2 Blooming or Survey Period Habitats of Occurrence Potential on Site Status on Site** REPTILES Northwestern Pond Turtle (Actnemys marmorata) SSC/-/- Resident Associated with permanent or nearly permanent water in a wide variety of aquatic habitats. Requires basking sites. Nest sites may be found up to 0.5 km from water. May Occur Series of old settling ponds and mining related depressions in the western portion of the Study Area may provide potentially suitable habitat for this species. Blainville’s Horned Lizard (Phrynosoma blainvillii) -/SSC/- Resident Frequents a wide variety of habitats, most common in lowlands along sandy washes with scattered low bushes; requires open areas for sunning, bushes for cover, patches of loose soil for burial, and abundant supply of ants and other insects. May Occur Large open expanses of sand gravelly soils throughout the Study Area may provide potentially suitable habitat to support this species.
Table 3 Special-Status Species for the Cherokee, Paradise West, Paradise East, Pulga, Hamlin Canyon, Berry Creek, Shippee, Oroville, and Oroville Dam 7.5 Minute Quadrangle Maps1 Common Name/ Scientific Name Status (Fed/State/ CNPS)2 Blooming or Survey Period Habitats of Occurrence Potential on Site Status on Site** Giant Garter Snake (Thamnophis gigas) FT/ST/- Resident Occurs in wetland, rice field, and slough habitat in the Central Valley of California. Presumed Absent – On USFWS IPaC Letter as potentially occuring in the vicinity of the Study Area While the willow riparian scrub habitat in the far western portion of the Study Area may provide marginally suitable habitat, Study Area lacks open basking areas BIRDS Tricolored Blackbird (Agelaius tricolor) -/ST/- Resident Nesting within seasonal wetland marshes, blackberry brambles or other protected substrates. Forages in annual grassland and wetland habitats. May Occur Emergent marsh wetlands and mining related depressions in the western portion of the Study Area may provide potentially suitable habitat for this species within the Study Area.
Table 3 Special-Status Species for the Cherokee, Paradise West, Paradise East, Pulga, Hamlin Canyon, Berry Creek, Shippee, Oroville, and Oroville Dam 7.5 Minute Quadrangle Maps1 Common Name/ Scientific Name Status (Fed/State/ CNPS)2 Blooming or Survey Period Habitats of Occurrence Potential on Site Status on Site** Golden Eagle (Aquila chrysaetos) -/SSC/- Resident Nests in cliff-walled canyons and tall trees in open areas. (Nesting and wintering) Rolling foothills mountain areas, sage-juniper flats, and desert. Observed 17 January 2020 Present Red-Shouldered Hawk (Buteo lineatus) -/-/- Resident Forages in variety of semi-developed habitats including orchards. Forages in woodlands and riparian areas. Nests in riparian habitat but also eucalyptus groves. Observed 15 January 2020 Present Bald Eagle (Haliaeetus leucocephalus) Delisted/SE/- Resident Ocean shore, lake margins, and rivers for both nesting and wintering. Most nests within one mile of water. Nests in large, old-growth, or dominant live tree with open branches, especially ponderosa pine. Roosts communally in winter. Observed 17 January 2020 Present California Black Rail (Laterallus jamaicensis coturniculus) -/ST/- Resident Occurs most commonly in tidal emergent wetlands dominated by pickleweed, or in brackish marshes supporting bulrushes in association with pickleweed. In freshwater, usually found in bulrushes, cattails, and saltgrass. Not Likely to Occur While there are CNDDB occurrences within the vicinity of the Study Area, it is unlikely that the small emergent wetlands or mining related depressions provide suitable habitat for this species.
Table 3 Special-Status Species for the Cherokee, Paradise West, Paradise East, Pulga, Hamlin Canyon, Berry Creek, Shippee, Oroville, and Oroville Dam 7.5 Minute Quadrangle Maps1 Common Name/ Scientific Name Status (Fed/State/ CNPS)2 Blooming or Survey Period Habitats of Occurrence Potential on Site Status on Site** MAMMALS Western Mastiff Bat (Eumops perotis californicus) -/SSC/- Resident The largest bat in California, this species primarily roost in crevices in vertical cliffs, usually granite or consolidated sandstone, and in broken terrain with exposed rock faces; they may also be found occasionally in high buildings, trees and tunnels. Roost sites may change from season to season. Due to its large size, this bat needs vertical faces to drop from in order to take flight. Nursery roosts are found in tight rock crevices with mating taking place in the spring resulting in one young born during the summer. Not Likely to Occur While there are CNDDB occurrences within the vicinity of the Study Area, the Study Area lacks exposed bedrock formations for roosting, but may provide seasonal foraging opportunities for this species. Silver-haired Bat (Lasionycteris noctivagans) -/SSC/- Summer Resident Summer habitats include coastal and montane coniferous forests, valley foothill woodlands, pinyon-juniper woodlands, and valley foothill and montane riparian habitats. Roosts in hollow trees, snags, buildings, rock crevices, caves, and under bark; needs proximity to fresh water sources. May Occur Study Area could provide potentially suitable roosting and foraging opportunities for this species.
Table 3 Special-Status Species for the Cherokee, Paradise West, Paradise East, Pulga, Hamlin Canyon, Berry Creek, Shippee, Oroville, and Oroville Dam 7.5 Minute Quadrangle Maps1 Common Name/ Scientific Name Status (Fed/State/ CNPS)2 Blooming or Survey Period Habitats of Occurrence Potential on Site Status on Site** SPECIAL STATUS HABITATS Northern Basalt Flow Vernal Pool CDFW Sensitive Habitat ABSENT Absence of exposed igneous basalt flows within Study Area Great Valley Cottonwood Riparian Forest CDFW Sensitive Habitat ABSENT A large patch of Cottonwood Riparian Woodland occurs within the Study Area, but this habitat lacks a well-structured canopy of mature cottonwoods and contains a severe infestation of Spanish broom in the understory.
Table 3 Special-Status Species for the Cherokee, Paradise West, Paradise East, Pulga, Hamlin Canyon, Berry Creek, Shippee, Oroville, and Oroville Dam 7.5 Minute Quadrangle Maps1 Common Name/ Scientific Name Status (Fed/State/ CNPS)2 Blooming or Survey Period Habitats of Occurrence Potential on Site Status on Site** Great Valley Willow Scrub CDFW Sensitive Habitat Present Located along middle reach of unnamed intermittent stream channel running through Sawmill Ravine and complex of old settling ponds and excavated mine tailings in northwestern portions of the Study Area 1. Special-status plants and animals as reported by the California Natural Diversity Data Base, California Native Plant Society, and other background research October 2020. 2. Order of Codes for Plants - Fed/State/CNPS Order of Codes for Animals - Fed/State/CDFG Codes: SOC - Federal Species of Concern SSC - California Species of Special Concern E - Federally/State Listed as an Endangered Species T - Federally/State Listed as a Threatened Species C - Species listed as a Candidate for Federal Threatened or Endangered Status R - Rare CP- California protected FP - State Fully Protected DFG: SC California Special Concern species 1B - California Native Plant Society considers the plant Rare, Threatened, or Endangered in California and elsewhere. 1A - CNPS Plants presumed extinct in California. 2 - CNPS Plants Rare, Threatened or Endangered in California, but more common elsewhere. 3 - CNPS Plants on a review list to find more information about a particular species. 4 - CNPS Plants of limited distribution - a watch list.
ATTACHMENT 3
SITE PHOTOGRAPHS
ATTACHMENT 3
STUDY AREA PHOTOGRAPHS
Photo 1. View of the Study Area in the far eastern portion of the Study Area, facing northwest. Sawmill Ravine
is located at the base of the vertical bluffs seen in the background of the photograph.
Photo 2. Blue oak woodland in the far eastern portion of the Study Area.
Photo 3. View of Sawmill Ravine, facing west. The Sacramento Valley floor can be seen in the distance.
Photo 4. Representative view of the unnamed stream feature located within Sawmill Ravine, facing west.
Photo 5. Photograph shows approximate location of proposed haul road along the north-eastern boundary of the
Study Area. This area is actively grazed by cattle and consists of annual grassland habitat. Woody vegetation in
the background consists of a small stand of mixed foothill pine-interior live oak woodland.
Photo 6. Representative view of willow riparian scrub habitat north of the active haul road in the central portion
of the Study Area, facing north.
Photo 7. Lower reach of Sawmill Ravine stream feature, facing west. Floodplain flanking both sides of the
channel consists of cottonwood riparian woodland, which has a severe infestation of Spanish broom in the
understory.
Photo 8. Photograph taken on top of the easternmost spillway, facing west. Waters conveyed down Sawmill
Ravine are discharged over the spillway, where they flow towards the series of active settling ponds, where
overflows are discharged through a series of culverts into either the historic settling ponds, or into the large
wetland complex of willow riparian scrub (a portion of which can be seen in the upper right-hand portion of the
photograph.
Photo 9. Photograph shows representative example of mixed foothill pine-interior live oak woodland along the
northern boundary in the western portion of the Study Area.
Photo 10. Photograph shows representative example of the willow riparian scrub habitat in the far western
portion of the Study Area.
Photo 11. Photograph shows an active beaver dam impounding water at the far western end of the Study Area in
willow riparian scrub habitat.
Photo 12. View of the far western spillway above Dry Creek.
Photo 13. Example of mining related depression associated with one of the historic settling ponds at the western
end of the Study Area.
Photo 14. Photograph shows the first active Settling Pond at the western end of the Study Area that directly
intercepts stream waters from Sawmill Ravine.
Photo 15. Photograph shows culverts associated with the Settling Pond (viewed in Photo 14) that discharge
overflows directly into the large complex of mining related depressions associated with the historic settling ponds
and willow riparian scrub habitats at the western end of the Study Area.
Photo 16. Photograph shows representative example of a mining related depression (MRD-1) located in a
previously mined portion of the Study Area. Dominant bunchgrasses in the foreground are broomsedge
bluestem.
Photo 17. Photograph shows representative view of previously mined lands within the northern-most “spur” of
the Study Area. Vegetative cover largely consists of a mix of annual grasses and forbs.
Photo 18. Photograph shows mining related depression (MRD-29) at the northern-most portion of the Study
Area. Vegetation assemblages consists of emergent wetland and willow riparian scrub.
Photo 19. Photograph shows the two elderberry shrubs located in the central portion of the Study Area. Stems
of both shrubs were carefully examined for the presence of VELB exit holes; none were detected.
Photo 20. Photograph shows series of moderately deep mining related depressions along the south-central
boundary of the Study Area. Hydrophytic vegetation was present in, and along the edges of these features but
was generally sparse. These clear pools appear to pond water for sufficient hydroperiods that may support
vernal pool crustaceans.
Photo 21. Photograph shows complex of braided streams within the interior of large willow riparian scrub
habitat north of the active haul road in the central portion of the Study Area.
Photo 22. Chaparral habitat intergrading with foothill pine in the far eastern portion of the Study Area.
Photo 23. Large mining related depression (MRD-12) along the southern boundary of the Study Area, facing
southeast. This feature was largely unvegetated except for last season’s remaining stubble of swamp pricklegrass
(which is listed as an obligate hydrophytic species) around and beyond the perimeter of this feature.
Photo 24. View of the upper reach of Sawmill Ravine at the eastern end of the Study Area. While high-velocity
winter flows were present in this feature at the time of the January 2020 surveys, the cobble and boulder bed may
provide suitable breeding habitat for the foothill yellow-legged frog.
ATTACHMENT 4
USFWS IPaC Letter
APPENDIX D
AQUATIC RESOURCES DELINEATION MAP
Disclaimer: The data was mapped for planning purposesonly. No liability is assumed for accuracy of the data shown.
Legend:
!(
!(!(!(!(
!(!(
!(!(
!A
!A39.639944 N-121.590967 W
39.647014 N-121.565068 W
Corps Delineation
Map
Pentz Pit Mine
Valley Sand and Rock
Figure 5
Study Area - 232.6 acres
!A Corner Coordinates
!(Data Point
Ordinary High Water Mark
Potentially Jurisdictional Feature
Ephemeral Drainage (ED) - 0.58 acres
Intermittent Stream (IS) - 10.19 acres
Perennial Stream (PS) - 0.32 acres
Emergent Wetland (EW) - 0.85 acre
Seasonal Wetland (SW) - 0.01 acre
Willow Riparian Scrub (WRS) - 36.92 acres
Potentially Non-Jurisdictional Feature
Mining Related Depression (MRD) - 5.96 acres
Settling Pond (SP) - 1.42 acre
Fresh Water Pond (FWP) - 0.49 acre
Quarry Pond (QP) - 0.59 acre
4970 Slickens Rd, Oroville
Butte County, California
Coordinate System:
California State Plane Zone II NAD83 (Feet)
Projection: Lambert_Conformal_Conic
Datum: North American 1983
USGS Topo Quad:Cherokee, CA
PLSS: T21N, R3E, Sections 25 and 36
T21N, R4E, Sections 30
Delineated By: Chris Bronny
Delineation Dates: 1/22/20 & 1/24/20
Map Date: 2/19/2020
Facility Aerial Imagery captured by Robison Engineering on1/23/2020 & Source: Esri, DigitalGlobe, GeoEye, EarthstarGeographics, CNES/Airbus DS, USDA, USGS, AeroGRID,
0 500 1,000250 Feet
1:6,600 ´
Map 1 Map 2
Map 3
Map 4
Highway 70Slickens Rd
Disclaimer: The data was mapped for planning purposesonly. No liability is assumed for accuracy of the data shown.
Legend:!(!(!(!(!(!(!(!Adp-4a
dp-4b
dp-1d
dp-1c
dp-1b
dp-2
39.639944 N-121.590967 W
dp-1a
PS-1
IS-2
IS-1
WSR-1
SP-1
MRD-12
FWP-1
MRD-6
MRD-1
SP-2
MRD-9
MRD-3
MRD-7
MRD-8
MRD-4
MRD-11
MRD-5
MRD-10
MRD-2
Corps Delineation
Map
Pentz Pit Mine
Valley Sand and Rock
Figure 5 - Map 1
Study Area - 232.6 acres
!A Corner Coordinates
!(Data Point
Ordinary High Water Mark
OHWM Cross-Section (CS)
Potentially Jurisdictional Feature
Ephemeral Drainage (ED) - 0.58 acres
Intermittent Stream (IS) - 10.19 acres
Perennial Stream (PS) - 0.32 acres
Emergent Wetland (EW) - 0.85 acre
Seasonal Wetland (SW) - 0.01 acre
Willow Riparian Scrub (WRS) - 36.92 acres
Potentially Non-Jurisdictional Feature
Mining Related Depression (MRD) - 5.96 acres
Settling Pond (SP) - 1.42 acre
Fresh Water Pond (FWP) - 0.49 acre
Quarry Pond (QP) - 0.59 acre
4970 Slickens Rd, Oroville
Butte County, California
Coordinate System:
California State Plane Zone II NAD83 (Feet)
Projection: Lambert_Conformal_Conic
Datum: North American 1983
USGS Topo Quad:Cherokee, CA
PLSS: T21N, R3E, Sections 25 and 36
T21N, R4E, Sections 30
Delineated By: Chris Bronny
Delineation Dates: 1/22/20 & 1/24/20
Map Date: 2/19/2020
Facility Aerial Imagery captured by Robison Engineering on1/23/2020 & Source: Esri, DigitalGlobe, GeoEye, EarthstarGeographics, CNES/Airbus DS, USDA, USGS, AeroGRID,
0 200 400100 Feet
1 inch = 200 feet ´M1 M2
M3 M4
Match Line - See Map 2
Disclaimer: The data was mapped for planning purposesonly. No liability is assumed for accuracy of the data shown.
Legend:!(!(WRS-2
MRD-12
QP-1
MRD-28
EW-1
MRD-26
MRD-17
MRD-14
MRD-25
WRS-3
MRD-20
MRD-16
MRD-21
MRD-24
MRD-12
MRD-22
MRD-23
MRD-18
MRD-19
MRD-27
MRD-13
MRD-15
SW-1
IS-2
ED-5
ED-6
EB-2EB-1
Corps Delineation
Map
Pentz Pit Mine
Valley Sand and Rock
Figure 5 - Map 2
Study Area - 232.6 acres
!A Corner Coordinates
!(Data Point
Ordinary High Water Mark
OHWM Cross-Section (CS)
Potentially Jurisdictional Feature
Ephemeral Drainage (ED) - 0.58 acres
Intermittent Stream (IS) - 10.19 acres
Perennial Stream (PS) - 0.32 acres
Emergent Wetland (EW) - 0.854acre
Seasonal Wetland (SW) - 0.01 acre
Willow Riparian Scrub (WRS) - 36.92 acres
Potentially Non-Jurisdictional Feature
Mining Related Depression (MRD) - 5.96 acres
Settling Pond (SP) - 1.42 acre
Fresh Water Pond (FWP) - 0.49 acre
Quarry Pond (QP) - 0.594acre
4970 Slickens Rd, Oroville
Butte County, California
Coordinate System:
California State Plane Zone II NAD83 (Feet)
Projection: Lambert_Conformal_Conic
Datum: North American 1983
USGS Topo Quad:Cherokee, CA
PLSS: T21N, R3E, Sections 25 and 36
T21N, R4E, Sections 30
Delineated By: Chris Bronny
Delineation Dates: 1/22/20 & 1/24/20
Map Date: 2/19/2020
Facility Aerial Imagery captured by Robison Engineering on1/23/2020 & Source: Esri, DigitalGlobe, GeoEye, EarthstarGeographics, CNES/Airbus DS, USDA, USGS, AeroGRID,
0 200 400100 Feet
1 inch = 200 feet ´M1 M2
M3 M4CS-4
CS-3
Match Line - See Map 1
Match Line - See Map 3Match Line - See Map 3
Disclaimer: The data was mapped for planning purposesonly. No liability is assumed for accuracy of the data shown.
Legend:!(!(WRS-2
MRD-28
MRD-29
QP-1
EW-1
MRD-26
MRD-25
WRS-3
MRD-21
MRD-24
MRD-22MRD-18
MRD-23
MRD-27
IS-2 ED-4
ED-5
EB-2EB-1
dp-3bdp-3a
Corps Delineation
Map
Pentz Pit Mine
Valley Sand and Rock
Figure 5 - Map 3
Study Area - 232.6 acres
!A Corner Coordinates
!(Data Point
Ordinary High Water Mark
OHWM Cross-Section (CS)
Potentially Jurisdictional Feature
Ephemeral Drainage (ED) - 0.58 acres
Intermittent Stream (IS) - 10.19 acres
Perennial Stream (PS) - 0.32 acres
Emergent Wetland (EW) - 0.85 acre
Seasonal Wetland (SW) - 0.01 acre
Willow Riparian Scrub (WRS) - 36.92 acres
Potentially Non-Jurisdictional Feature
Mining Related Depression (MRD) - 5.96 acres
Settling Pond (SP) - 1.42 acre
Fresh Water Pond (FWP) - 0.49 acre
Quarry Pond (QP) - 0.59 acre
4970 Slickens Rd, Oroville
Butte County, California
Coordinate System:
California State Plane Zone II NAD83 (Feet)
Projection: Lambert_Conformal_Conic
Datum: North American 1983
USGS Topo Quad:Cherokee, CA
PLSS: T21N, R3E, Sections 25 and 36
T21N, R4E, Sections 30
Delineated By: Chris Bronny
Delineation Dates: 1/22/20 & 1/24/20
Map Date: 2/19/2020
Facility Aerial Imagery captured by Robison Engineering on1/23/2020 & Source: Esri, DigitalGlobe, GeoEye, EarthstarGeographics, CNES/Airbus DS, USDA, USGS, AeroGRID,
0 200 400100 Feet
1 inch = 200 feet ´M1 M2
M3 M4
CS-3
Match Line - See Map 4Match Line - See Map 2Match Line - See Map 2
Disclaimer: The data was mapped for planning purposesonly. No liability is assumed for accuracy of the data shown.
Legend:
!A
39.647014 N-121.565068 W
IS-2
ED-3
ED-1
ED-2
WRS-2
Corps Delineation
Map
Pentz Pit Mine
Valley Sand and Rock
Figure 5 - Map 4
Study Area - 232.6 acres
!A Corner Coordinates
!(Data Point
Ordinary High Water Mark
OHWM Cross-Section (CS)
Potentially Jurisdictional Feature
Ephemeral Drainage (ED) - 0.58 acres
Intermittent Stream (IS) - 10.19 acres
Perennial Stream (PS) - 0.32 acres
Emergent Wetland (EW) - 0.85 acre
Seasonal Wetland (SW) - 0.01 acre
Willow Riparian Scrub (WRS) - 36.92 acres
Potentially Non-Jurisdictional Feature
Mining Related Depression (MRD) - 5.96 acres
Settling Pond (SP) - 1.42 acre
Fresh Water Pond (FWP) - 0.49 acre
Quarry Pond (QP) - 0.59 acre
4970 Slickens Rd, Oroville
Butte County, California
Coordinate System:
California State Plane Zone II NAD83 (Feet)
Projection: Lambert_Conformal_Conic
Datum: North American 1983
USGS Topo Quad:Cherokee, CA
PLSS: T21N, R3E, Sections 25 and 36
T21N, R4E, Sections 30
Delineated By: Chris Bronny
Delineation Dates: 1/22/20 & 1/24/20
Map Date: 2/19/2020
Facility Aerial Imagery captured by Robison Engineering on1/23/2020 & Source: Esri, DigitalGlobe, GeoEye, EarthstarGeographics, CNES/Airbus DS, USDA, USGS, AeroGRID,
0 200 400100 Feet
1 inch = 200 feet ´
M1 M2
M3 M4
IS-2
CS-1
CS-2
Match Line - See Map 3OHWM OutsideProject Extent
APPENDIX E
RECLAMATION RELATED
CONDITIONS OF APPROVAL [RESERVED]
APPENDIX E
[Reserved for Reclamation Conditions of Approval]
APPENDIX F
STATEMENT OF RECLAMATION RESPONSIBILITY