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HomeMy WebLinkAbout2016 New Carr Mine Inspection Report_CA MINE ID 91-04-0038 Department of Conservation OFFICE OF MINE RECLAMATION SMARA LEAD AGENCY INSPECTION NOTICE FORM (This form is provided for the convenience of lead agencies. See instructions on the back of the form.) To: Reporting Unit California Department of Conservation Office of Mine Reclamation 801 K Street, MS 0906 Sacramento, CA 95814 From: Date of this Notice: Subject: Lead Agency Inspection Notice Pursuant to PRC 2774(b) ____________________________________________Signature and Title of Lead Agency Representative *See instructions on back of form I certify that this surface mining operation is in compliance with SMARA (mining operation is permitted [or vested], consistent with reclamation plan, the financial assurance is adequate for reclamation costs, and no violations were cited on the MRRC-1 inspection form*).Check applicable box: Yes No - If no, which aspects of the operations are inconsistent with SMARA : Does the surface mining operation have a review of its reclamation plan, financial assurances, or an interim management plan pending under subdivision (b), (c), (d), or (h) of Section 2770, or an appeal pending before the board or lead agency governing body under subdivision (e) or (h) of Section 2770? Yes No Are the completed MRRC-1 inspection form and any supporting documentation, including, but not limited to, any inspection report prepared by the licensed geologist, civil engineer, landscape architect, or forester, who conducted the inspection attached? Yes No Date of Inspection:Mine ID: 91- Rowland Hickel, Senior Planner Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965 October 4, 2016 September 27, 2016 04-0038 ✔ 1. Mining operation does not have a financial assurance on file with the County. 2. An updated Financial Assurance Cost Estimate is required. ✔ ✔ INSPECTION NOTICE FORM INSTRUCTIONS The specific SMARA statute that requires the inspection notice is quoted below: “PRC 2774 (b) …The lead agency shall notify the director within 30 days of the date of completion of the inspection that the inspection has been conducted. The notice shall contain a statement regarding the surface mining operation's compliance with this chapter, shall include a copy of the completed inspection form, and shall specify which aspects of the surface mining operations, if any, are inconsistent with this chapter. If the surface mining operation has a review of its reclamation plan, financial assurances, or an interim management plan pending under subdivision (b), (c), (d), or (h) of Section 2770, or an appeal pending before the board or lead agency governing body under subdivision (e) or (h) of Section 2770, the notice shall so indicate. The lead agency shall forward to the operator a copy of the notice, a copy of the completed inspection form, and any supporting documentation, including, but not limited to, any inspection report prepared by the geologist, civil engineer, landscape architect, or forester, who conducted the inspection.” Please use the attached suggested SMARA LEAD AGENCY INSPECTION NOTICE FORM or your own form or letter format to provide the information required pursuant to PRC 2774(b). *Please note whether violations cited in the MRRC-1 have been corrected at the date of this notice. New Carr Mine (CA Mine ID# 91-04-0038) 2016 SMARA Mine Inspection Report Prepared by: Butte County Development Services Department 7 County Center Drive Oroville, California 95965 September 27, 2016 1 2016 SMARA Mine Inspection New Carr Mine CA ID# 91-04-0038 Butte County, California TABLE OF CONTENTS Section Description Page No. 1.0 Mine Description 2 2.0 Reclamation Objective 3 3.0 Observations 9 4.0 Violations / Corrective Measures 10 List of Figures Figure 1 Location Map Figure 2 Active Mine Area Zones (Exhibit 1A) Figure 3 Active Mine Area Zones (Exhibit 1B) Figure 4 Active Mine Area Typical Cross Sections Figure 5 Historic Disturbance Area Reclamation Phase Map List of Attachments Attachment A 2016 MRRC-1 Surface Mining Inspection Report Attachment B Annotated Site Photographs 2 1.0 MINE DESCRIPTION The Carr Mine is a dryland gold placer mine that involves the excavation of a paleochannel situated on the eastern end of Carr Ridge, ranging in elevation from 6,420 to 6,695 feet above mean sea level. The permitted mine site encompasses 34 acres within a 200 acre property located in eastern Butte County, 10.3 miles northeast of Sterling City, and 7 miles southeast of Butte Meadows; Township 25N, Range 5E, Sections 9 and 6; MDB&M. Assessor Parcel Numbers: 059-200-011, 059-210-066 and 059-210-007. Part of the mine site includes the historic mining operations that have been conducted at the site intermittently for the past 130 years. Historic mine operations have resulted in approximately 15 acres of existing surface disturbances, which include dilapidated mining equipment, scrap metal, deep erosional cuts, tailing stockpiles, sediment basins, a cabin and an unvegetated landscape. Mining operations within the permitted area includes excavation of 14 independent mining zones along the presumed paleochannel. Each mining zone is approximately 1.4 acres in size and encompasses a total of 19 acres. An additional 2 acres of land will be used to support the mining operation, and will include the existing cabin, a temporary processing building/shed, cargo storage container, sediment basins, staging areas, and access roads. It’s anticipated that each mining zone will be excavated during each mining season, between April 15th and October 15th. The depth of each mine zone will vary year to year, but the average depth is estimated to be 50 feet below the existing grade, with a maximum depth estimated at 90 feet. Excavation of each zone will be performed by an excavator that will remove overburden materials until excavations reach the ore material within the paleochannel. The ore is then excavated and stockpiled adjacent to the excavation pit where a front-end loader will transport the material to a hopper. Material will be then conveyed to the gold recovery plant where the gold will be sorted from the overburden. Water for the processing facility would be pumped from the existing catch basin (Catch Basin 1b). Waste water from the plant will be sent back to the basin as part of a closed-looped system. Processed tailings will be stockpiled for eventual use in the reclamation of the prior years’ excavation pit. It’s estimated that a total of 1,031,237 cubic yards of materials will be excavated through the life of the operation, which is anticipated to be complete by December 31, 2027. The sequence of mining activities for each mining zone will be as follows: • Prior to removing any vegetation in the active mining zones a pre-construction survey will be performed to ensure that no active raptor nests are inadvertently removed. • Remove all standing vegetation pursuant to a Timber Harvest Plan. Marketable timber will be sold, shrubs and tree seedlings available for replanting will be preserved for later planting, and all other vegetation will be chipped. • Excavate and stockpile duff (mixture of existing decomposed, chopped, broken or chipped plant material, pine needles, leaves, grasses) to a depth of four inches, removing rocks and plant material in excess of 150 mm in greatest dimension. • Remove all large roots, tree stumps and rocks greater than 8 inches in greatest dimension (oversized rocks) from the top 24 inches of the soil. Over-sized rocks will be used to line drainage swales and placed where necessary to dissipate the erosive energy of water flowing in the drainages. Once a phase is cleared of vegetation and rock, topsoil and overburden will be separately removed by an excavator. Duff, topsoil and overburden will be stockpiled and placed in the previous phase’s excavation at the earliest feasible time but no later than the end of each mining and reclamation season in late 3 October. If immediate placement is not possible, topsoil and overburden must be stockpiled in accordance with the reclamation plan, which includes revegetation and other erosion control measures. Processing of the placer gravels and sands occurs mechanically by successive washing, tumbling, and shaking, using water and gravity to separate gold from coarser materials. Once extracted, a mobile plant situated near the active excavation pit will process the placer gravels, separating out finer load bearing material from the heavier cobbles by tumbling, shaking and flushing with water. All water for the plant will be pumped from Catch Basin #1b and recycled back after use. Final gold recovery will occur in a building/shed near the existing historic cabin. A jig, sluice and a vibrating table will separate gold from sands and other fine sediments, utilizing approximately 5,000 gallons of water re-circulated through a water storage tank. No chemicals are proposed for the recovery process. 2.0 RECLAMATION OBJECTIVE The approved reclamation plan covers the reclamation of both the 19-acre active mining area and approximately 15 of the 20 acres of previously disturbed lands. The overall reclamation goals of the plan are to: • Repair portions of the mine immediately as required by violation notices issued to previous operators, and arrest significant erosion problems; • Re-contour to more natural conditions as feasible; • Stabilize slopes; • Prevent erosion and sedimentation of down-gradient streams; • Re-vegetate with native plant species; and • Monitor and manage the site as open space and habitat for wildlife species. Reclamation within each active mining zone will occur when processing materials in that zone have been completed for the season. Following the completion of the year’s active mining area, the disturbed area will be immediately reclaimed before moving to a new 1.4 acre zone to be mined in the subsequent year. Reclamation will include backfilling the mined area with the overburden generated by mining the excavation area, and graded to match the topography of pre-mining conditions. Backfilled material will be compacted to 90% maximum density. Stockpiled topsoil will be re-distributed evenly over the disturbed area, and compacted to 70% maximum density. The area will be covered with jute netting and straw wattles, and then seeded and planted with native species. Previously Disturbed Land Reclamation Reclamation of previously disturbed lands is approved to occur in 5 phases to be completed over the life of the active mining operations. 4 Phase 1 Reclamation activities include revegetation of old haul roads, removing the remaining past mining equipment, including the large trammel. Once the equipment and debris are removed, the approximately 1.46 acre of will be re-graded and re-contoured, with the sub-grade prepared. A small processing pond (Pond 2a) located in the Phase 1 area will be backfilled. Disturbed areas will be stabilized with straw wattles, hydroseeded, and degradable jute netting will be placed over the site. Container plants will be planted and irrigation will be performed as necessary to establish growth. The area adjacent to Pond 2a where no earthwork will be performed will also be prepared, hydroseeded, and planted with vegetation. Finally, existing drainage swales will be armored and repaired as necessary using live pole cuttings or fascines from vegetation and rocks located on the site. Phase 2 Settling Basin 1a will be backfilled and approximately 1.06 acres will be re-contoured to more natural conditions. Approximately 0.92 acres not requiring grading work will be stabilized, hydroseeded and revegetated. Phase 3 Settling Basin 2a will be backfilled to create seasonal wetland habitat. Once completed, the large tailing pile located on Forest Service land and the large berm around Settling Basin 2a will be cut and used to fill the basin. The land will then be re-contoured to natural conditions and stabilized, hydroseeded, and revegetated. The seasonal wetland habitat will be planted with native wetland plants, consistent with coverage and species types located in Settling Basin 4. Approval must be granted by the Forest Service before any earthwork and re-vegetation activities can be performed on their land. If Forest Service approval is not acquired, the reclamation plan will be amended to remove this area located on Forest Service land from the approved reclamation plan. Phase 4 Catch Basin 1a will be backfilled to create seasonal wetland habitat. Phase 5 The last phase of reclamation of the historic mining area will be conducted after all active mining on the site has been completed. The final phase includes backfilling Catch Basin 1b using the remaining large 5 tailing piles present on the site, and using the methods specified in the plan. The steep bank above the basin will be recontoured to a 2:1 slope and will be stabilized using a live crib wall. Recontoured areas will be amended, stabilized and revegetated using approved methods discussed in the plan. Upon completion of reclamation activities of the historic disturbance area, the area will be established for wildlife habitat. The open space created with the prescribed reclamation activities and revegetation types is anticipated to create a short term understory for migratory deer and native ground nesting birds. Once the vegetation matures, it’s anticipated that a suitable habitat would be created for northern goshawks and spotted owls. Two existing roads and the existing cabin will be retained on the site and used as a private seasonal residence. An existing well will also remain on the site. 1. General Information a) Permitted Mineral Product(s): Gold b) Production Amount (Annual/Gross): No Annual Production Amounts Identified. It’s anticipated that one zone will be completed each year. 1,031,237 cubic yards/gross c) End Date of Operations: December 31, 2027 d) Permit End Date: December 31, 2027 e) End Use: Open Space / Wildlife Habitat 2. Boundaries a) Property Boundary: 200 acres b) Permit Boundary: 34 acres (19 acres for Active operations) c) Reclamation Plan Boundary: 34 acres (Includes Active and Historic disturbances) d) Setbacks: No setbacks identified in the reclamation plan. 3. Grading Fill Slopes Pond 2a, Settling Basin 1a, Settling Basin 2a, Catch Basin 1a and Catch Basin 1b are proposed to be backfilled throughout anticipated mining activities. All areas subject to fill will be re-contoured to no greater than a 2:1 slope, and re-compacted to 90% maximum density. Settling Basin 2a and Catch Basin 1b will be re-contoured to a 2:1 slope, where possible. On slopes with a 1.5:1 or steeper ratio, a live crib wall will be used to stabilize the slope. Slopes for all stockpiles on-site will be maintained at a 2:1 ratio. Cut Slopes Maximum cut slopes in active excavation areas are generally 1:1 up to a maximum height of 40 feet. If the height exceeds 45 feet, the maximum slope is 1.5:1 and a 15 feet wide bench must be constructed. Reclaimed excavation areas will be backfilled and re-contoured to match the surrounding terrain. 4. Erosion Control Erosion and sediment control methods will be used during all phases of operation and reclamation to minimize erosion of soils and sediments. Erosion control methods include, but are not limited to, 6 the use of berms, silt fences, sediment ponds, revegetation, and hay bales. The mine site will be monitored after a storm event to ensure that all BMP’s are installed correctly. Persistent erosion areas will be investigated, and appropriate remedial measures will be implemented to repair and arrest erosion. Erosion control practices were selected to meet the following objectives: • Retain natural vegetation whenever possible. • Match the site grading, as feasible, to the surrounding terrain. Grade excavation and reclaimed fill slopes to minimize the length and steepness of the slopes while maintaining a stable configuration. • Chip vegetation from the land stripping and grubbing to use as a topsoil amendment and to protect soil from particle disruption during precipitation. • Construct overland cut-off swales to prevent sheet flow over disturbed areas. • Schedule grading operations to minimize disrupted soil exposures during the rainy season (generally between October 15 and May 31). • Construct drainages to resemble pre-mining density and location as feasible. All drainages shall be vegetated. • Use energy dissipating control measures to minimize surface water runoff flow velocities. • All topsoil, overburden and sediment will be kept on-site. • Regularly inspect and maintain erosion and sediment control BMPs. 5. Ponds Existing catch basins and settling basins at the mine site will be used throughout mining active operations, and will be maintained by the operator. Specific existing basins and ponds identified in the reclamation plan are planned to be reclaimed throughout active mining operations, and will not be used as part of planned operations. Information on the capacity of these basins is not discussed in the approved reclamation plan. 6. Stream & Wetland Protection No streams are present within the mine site. However, several unnamed ephemeral drainages transect the site, and surrounding area, eventually draining into the Philbrook Reservoir and the West Branch of the Feather River. Seasonal wetland habitats associated with Settling Basin 1b, 2b, 3, and 4 are also located within the mine site. These seasonal wetlands capture precipitation and runoff, and typically begin the dry in August. Typical vegetation found in the areas include various willow species, Bolander’s yampah, iris-leaved rush, musk monkey flower, cattails, Sierra nerved sedge, tinker’s penny, and Macloskey’s violet. Implementation of erosion control measures, and adherence to the project SWPPP, would ensure that drainages and wetland areas are properly protected. Reclamation activities also include the creation of new seasonal wetland areas, in addition to the enhancement of existing seasonal wetlands. Active mining areas and previously disturbed mining areas will also be marked with flagged stakes every 100 feet around the perimeters to help preserve existing ponds and wetland areas within the mine site. 7. Sensitive Wildlife & Plant Protection Listed Species 7 No rare, threatened or endangered species, as listed by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service, or Species of Special Concern, were identified on the site. The long-range goal of reclamation of the mine site is to create a mature forest habitat suitable for northern goshawks and spotted owls, if feasible. Existing sediment ponds will be preserved, or restored and/or enhanced with native wetland plantings. Protection Measures To conserve and enhance habitat for protected species and sensitive biological communities, active mining areas and previously disturbed mining areas will be marked with flagged stakes every 100 feet around the perimeters. Additionally, the perimeter of each year’s active mining phase shall be identified from surrounding vegetation by orange construction fencing. (Mitigation Measure #4) To protect nesting raptors and their offspring, a qualified biologist in consultation with the Department of Fish and Wildlife shall conduct pre-construction surveys for special-status species nesting birds and common raptors, if vegetation removal and/or project construction occurs during the nesting season (March 1 to September 15). The surveys shall be conducted within 14 days prior to commencement of project activity. If active nests are discovered, appropriate buffers shall be established. (Mitigation Measure #3) A qualified biologist will be retained to advise project employees operating equipment regarding the importance of maintaining construction fencing, and strictly avoiding and protecting all vegetation outside the active mining areas and previously disturbed mining areas. The biologist shall also advise project employees on the importance of maintain distance from wildlife and in the recognition and avoidance of nesting birds. (Mitigation Measure #5) 8. Soil/Overburden Stockpile Management Topsoil Topsoil removed during mining operation will be hauled directly from the harvest site to the application site whenever feasible. If it is necessary to stockpile the topsoil, the topsoil will be stockpiled on-site. The topsoil will be stored separately from the reminder of the overburden material in designated locations. Topsoil will be stockpiled to a depth no greater than the rooting zone of the plant cover to maintain the biological activity within the soil. If the topsoil is to be stockpiled for one season, the soil will be covered with an erosion protection blanket. If the topsoil is to be stockpiled for more than one year, the soil shall be stabilized and vegetated with a native seed mix. Additional BMP’s will be also implemented to prevent erosion of topsoil stockpiles. Overburden Excavated materials will be transported to the mobile processing area and processed immediately. Overburden will be stockpiled adjacent to the excavation pit, or used directly to backfill the previous excavation mining zone. Only heavy material trapped in the processing equipment will be transported to the gold recovery room. Any overburden stockpiles created would be situated in a manner to facilitate reclamation, and would be segregated from growth media stockpiles. No specific location for overburden stockpiles are mapped in the reclamation plan. Appropriate erosion control methods would be used to minimize to erosion of overburden stockpiles. Topsoil Application Existing topsoil in historic disturbance areas will need to be re-created for use in the reclamation of these areas. This includes mixing soil from the top 4 inches with organic matter including duff, woodchips, slow release NPK fertilizer, and organic compost. In areas where the topsoil will not be 8 amended, slow release fertilizers or compost may be added to the planting hole of container plants to facilitate growth. 9. Revegetation Test Plots Four separate test plots will be installed during the first year following approval of the reclamation plan. Each plot will a minimum of 50’ x 50’ in size, and will be located at different locations within the mine site that will not be disturbed for a minimum of 5 years. One test plot will be used to determine the degree of herbivorousness of area wildlife, and if tree shelters will be needed. The remaining test plots will be used to evaluate the effectiveness of different soil amendments and seeding strategies. Revegetation Species Mix & Density Seeding Upland Species Upland Tree/Shrub Species Mix Wetland Species Mix Plant Type Density (Lbs/acre) Plant Type Density (plts/acre) Plant Type Density Ca. needlegrass 8 Jepson’s willow 20 Willow 20 (pl/ac) Ca. brome 12 Arroyo willow 20 Arroyo willow 20 (pl/ac) Blue wildrye 6 Bittercherry 10 Lodgepole Pine 10 (pl/ac) Creeping wildrye 8 Whitethrorn 5 Balsam cottonwood 5 (pl/ac) Meadow barley 5 Green leaf manzanita 20 Wood rose 20 (pl/ac) Bottlebrush squirreltail 12 Pinemat manzanita 10 White alder 10 (pl/ac) Ca. oat-grass 9 Tobacco brush 5 Pacific dogwood 5 (pl/ac) Ca. fescue 9 Sierra gooseberry 20 Thimbleberry 20 (pl/ac) Ca. barley 10 Creeping snowberry 10 Yampah 8 (lb/ac) Globe gilia 2 Ponderosa Pine 5 Monkshood 2 (lb/ac) Buck lotus 2 White fir 20 Horse mint 4 (lb/ac) Spanish clover 3 Lodgepole Pine 10 Meadow rue 8 (lb/ac) Naked buckwheat 3 Buck lotus 20 Corn lily 5 (lb/ac) Mountain pride penstemon 3 Pale spikerush 6 (lb/ac) Arrow balsamroot 4 Rush 6 (lb/ac) Mule’s ears 4 Meadow barley 12 (lb/ac) Blue flax 8 Slender wheatgrass 8 (lb/ac) Rabbitbrush 8 Blue wild-rye 10 (lb/ac) Yarrow 10 Silver Lupine 5 Percent Cover Not identified in the reclamation plan. Species Richness Upland Seeding Richness – 7 Protection A tree shelter or other plant protector will be used, as needed, to prevent herbivory damage during the initial establishment period. Mulch from wood chips or pine needles collected on-site will be placed around the plantings to help manage vegetation and increase soil moisture retention. Success Monitoring 9 Following completion of reclamation activities, monitoring will be performed for 3 consecutive years or until performance criteria are met, whichever is longer. The success of reclamation activities will be determined by monitoring the site for erosion and proper drainage patterns. The success of re- vegetation efforts and wetland creation activities will be determined by monitoring plant survival, species density and composition. Finally, the success of the created and restored drainage channels and sediment basins will be determined by monitoring water turbidity. Invasive Species Control Noxious weeds will be managed if it threatens the success of revegetation efforts, spread to nearby areas, or produce a fire hazard. Bull thistle (Cirsium vulgare), a Cal-IPC List B invasive weed, was identified within the mine site. This infestation will be controlled through hand removal methods or spot treatment with chemical herbicides. All outside equipment will be cleaned prior to conducting mining or remediation activities on-site. Further, all straw used onsite will be sterilized. 10. Structures / Equipment Two existing access roads, one existing cabin, and one groundwater well will be retained for residential uses. All other buildings, structures, and equipment will be dismantled and removed from the site, prior to final mine closure. 3.0 OBSERVATIONS • No mining activities have occurred since 2014, when preparation for active mining operations were made in Zone 2 of the Active Mine Area. Preparations included removal of trees / vegetation in Zones 2, 3 and 4. Site preparation also included grading/leveling of Zone 2, removal of tree stumps and roots from Zone 2, removal of large diameter rocks from Zone 2, and using the rocks removed from the area to line adjacent drainage channels. Overburden removed from Zone 2 was deposited in Phase 2 of the Historic Mine Area, per the reclamation plan for the Historic Mine Area. Approximately ½ to 1 acre of Zone 2 was disturbed. Disturbed areas were stabilized with the use of straw waddles and rip rap. The site has remained closed since that time, with no additional activities having occurred. • Timber slash remains throughout the timber harvest area. No efforts to chip the slash appears to have been performed, as required by the reclamation plan/operations plan. • Minimal erosion was observed in the disturbed areas. Any sediment that had become dislodged appears to be contained on-site. No additional erosion control measures had been installed during the past year. Existing wattles, silt fencing, jute netting, etc., have largely dissolved, and have minimal effectiveness. • The Financial Assurance Cost Estimate for anticipated Active mining operations was prepared and approved by the County on February 13, 2015. Reclamation costs for one phase of active mining operations is identified to be in the amount of $66,893. The operator will need to update the estimate to account for the existing disturbances in the Active Mine Area. • No financial assurance has been provided by the operator. Currently, disturbances associated with preliminary mining activities performed in 2014, including the vegetation removal and preliminary earthwork is subject to reclamation. A financial assurance is required to be on file with the County prior to active mine operations to ensure reclamation is performed in accordance with the surface mining operations approved reclamation plan. A notice to update the financial assurance was last sent to the operator on April 13, 2015. The lack of a financial assurance was also noted as a violation in the 2014 and 2015 Inspection Reports. 10 • No additional equipment or parts have been brought to the site. Mining supplies and refuge storage areas appear to not have changed since the previous inspection. • Site was secured. Haul road was gated and locked. 4.0 VIOLATIONS / CORRECTIVE MEASURES Violations: 1. File an updated Financial Assurance Cost Estimate, Pursuant to Butte County Code Section 13- 109(e) and California Public Resources Code Section 2773.1. The financial assurance cost estimate shall account for the cost of reclamation of existing lands disturbed by, and accessory to surface mining operations, in accordance with the approved reclamation plan, and shall also account for inflation and anticipated activities during the upcoming year. 2. Submit a financial assurance to coincide with the latest approved financial assurance cost estimate for the mine. It’s recommended that a new Financial Assurance Cost Estimate accounting for lands currently disturbed from activities performed in 2014 be prepared and filed with the County. Corrective Measures: 1. File a copy of the 2015 Mining Operation Annual Report to Butte County. 11 Figure 1 – Location Map 12 Figure 2 – Active Mine Area Zones (Exhibit 1A) 13 Figure 3 – Active Mine Area Zone (Exhibit 1B) 14 Figure 4 – Active Mine Area Typical Cross Sections 15 Figure 5 - Historic Disturbance Area Reclamation Phase Map State of California DEPARTMENT OF CONSERVATIONOFFICE OF MINE RECLAMATION MRRC-1 (4/97) Page 1 of 5 (Rev. 07/13) SURFACE MINING INSPECTION REPORT (See reverse side of each form page for completion instructions) I. Mine Name (As Shown on Approved Reclamation Plan)Inspection Date:CA MINE ID# 91- II. Mine Operator Telephone ( ) Onsite Contact Person Telephone ( ) Mailing Address City State ZIP Code E-mail Address (optional) III. Designated Agent Telephone ( ) Mailing Address City State ZIP Code E-mail Address (optional) IV. SMARA Lead Agency Name (City, County, BCDC, or SMGB) Inspector Telephone ( ) Title Organization Mailing Address City State ZIP Code E-mail Address (optional) V. Does the operation have:P NR No Yes A Permit to Mine Permit # - Start and Expiration Dates Vested Right to Mine Year of Lead Agency determination A Reclamation Plan RP# Date Approved Reclamation Plan Amendment RP Amendment # (as applies) Date Approved or Status of Amendment Has the Operator filed a Mining Operation Annual Report (Form MRRC-2) this Year? Check One:Yes No Year of Most Recent FiledAnnual Report: VI. Is this Operation on Federal Land? Check One:If "Yes,”Provide One or Both of the Federal Mine Land Identification Numbers Below:Yes No California Mining Claim Number (CAMC#):Latitude/Longitude at Mine Entrance (Decimal Degrees): U.S. Forest Service or BLM Identification Number (Plan of Operations #) :Status of Plan of Operations (Current/Expired/In Process): DISTRIBUTION: Lead Agency sends copies of Inspection notice & completed MRRC-1 to operator, operator’s designated agent, BLM or USFS (if required) & retains original. New Carr Mine September 27, 2016 04-0038 Environmental Restoration and Reclamation, LLC 956 286-8666 Berkeley R. Lewis 956 286-8666 PO Box 461689 San Antonio Texas 78246 BRLIII@aol.com Rob Mackenzie 530 895-9902 330 Wall Street, Suite 40 Chico California 95954 rwm@mackenzielandlaw.com Butte County Rowland Hickel 530 538-7150 Senior Planner Department of Development Services 7 County Center Drive Oroville California 95965 rhickel@buttecounty.net MIN11-0001 (Expires: December 31, 2027) July 26, 2012 MIN11-0001 July 26, 2012 ✔ ✔2014 ✔ N/A 39 22' 2.14"N / 121 29' 5.4"W N/A N/A INSTRUCTIONS FOR COMPLETING SURFACE MINING INSPECTION REPORT Form MRRC-1 (4/97) Page 1 (Rev. 07/13) This report is intended to comply with the requirements of California’s Surface Mining and Reclamation Act (SMARA – Public Resources Code Sections §§ 2710 et seq., and the associated California Code of Regulations found in Title 14, division 2, beginning at § 3500, hereinafter respectively “PRC” or “CCR”) and specifically PRC § 2774(b) and CCR § 3504.5 for operations located on private land and/or partly or solely on Bureau of Land Management (BLM) and U.S. Forest Service (USFS) lands (Title 43, parts 3500, 3600, and 3800 of the Code of Federal Regulations). A Memorandum of Understanding between the U.S. Department of Interior, BLM; U.S. Department of Agriculture, USFS; the State of California, Department of Conservation; and the State Mining and Geology Board (SMGB), discusses implementation of SMARA on Federal lands in California that are under the jurisdiction of the BLM and/or the USFS. As required by PRC § 2774(b) and CCR § 3504.5(g), Lead Agencies shall file an Inspection Notice that includes a statement regarding compliance with SMARA, a copy of this Surface Mining Inspection Report (MRRC-1) and any other supporting documentation with the Department within 30 days of completion of the inspection. The Lead Agency shall also forward a copy of the Inspection Notice, MRRC-1, and any supporting documentation to the operator. BLOCK I: Enter the name of the Mining Operation, the date of the inspection, and the California Mine ID number. BLOCK II: Enter the name of the Mine Operator, mailing address, phone number, name, and email address (optional) of the person to serve as the onsite contact. BLOCK III: Enter the name, mailing address, phone number, and email (optional) of the Designated Agent who, under PRC § 2772(c)(1) and 2207(a)(1), will serve as a contact for any follow-up correspondence or discussions regarding the inspection or noted violations. BLOCK IV: For "Lead Agency," enter the name of the certified SMARA Lead Agency that is conducting this inspection. Acceptable entries include the name of the city, county, Bay Conservation and Development Commission (BCDC), or State Mining and Geology Board (SMGB). For "Organization," enter the name of the agency, firm or other organization that employs the inspector. BLOCK V:Check the appropriate boxes. P NR, No, Yes Pending (on appeal or awaiting approval by Lead Agency) Not required for this operation at the time this inspection was completed No Yes, supply information Note: Where appropriate, to aid in determining when the lead agency recognized that the operation has vested mining rights, inspectors are advised to review older agency correspondence, minutes of lead agency hearings, including agendas and staff reports associated with approvals of any kind related to the mining operation. BLOCK VI: Indicate if the operation is on federal Land; if operation is on federal land, include a California Mining Claim Number and/or a BLM/USFS Identification Number and Plan of Operations Number, if applicable. Give the status of the BLM/USFS Plan of Operations, as indicated. Give the latitude and longitude at the mine entrance in decimal degrees. ___________________________________________________________________________________________________________________________________________ DISTRIBUTION INSTRUCTIONS: One copy of the inspection notice and this completed Inspection Report (all pages) shall be given to the Mine Operator and the operator’s designated agent by the lead agency (PRC Section 7374(b). The Lead Agency must retain the original copy of this Inspection Report and submit one copy of this Inspection Report, along with an original inspection report notice (PRC Subsection 2774(b)), within 30-days of the completion of the inspection, to: Department of Conservation Office of Mine Reclamation 801 K St MS 09-06 Sacramento, CA 95814-3529 If any part of the operation inspected is on BLM or USFS land, one copy of this Inspection Report should be forwarded to the appropriate BLM or USFS office. State of CaliforniaDEPARTMENT OF CONSERVATIONOFFICE OF MINE RECLAMATION MRRC-1 (4/97) Page 2 of 5 (Rev. 07/13) SURFACE MINING INSPECTION REPORT VII. Financial Assurance Inspection Date:CA MINE ID#: 91- Type of FinancialAssurance Mechanism(s) Financial Assurance Mechanism Number(s)Amount of Mechanism Date of Expiration Date of Lead Agency Approval of Mechanism Total Amount of Mechanism(s) Financial Assurance Mechanism Pending Review by Lead Agency? If yes, provide date submitted/explanation and amount of pending mechanism: Has there been a change of operator since last inspection? If yes provide the dateof notice. Yes No Date of Change: If yes, has the new operator posted a Financial Assurance Mechanism? Yes No If not, describe status of new operators Financial Assurance Mechanism: Does new operator’sNotice of Change includea statement of responsibilityfor reclamation? Yes No Date and Amount of Most Recent Approved Financial Assurance Cost Estimate: Date: Amount: Financial Assurance Cost Estimate Pending Review with Lead Agency? Date Submitted/Explanation/Amount of pending estimate: Financial Assurance Cost EstimateAppealed by Operator?Date Submitted to State Mining and Geology Board or Lead Agency for Appeal/Explanation: Other? DISTRIBUTION: Lead Agency sends copies of Inspection notice & completed MRRC-1 to operator, operator’s designated agent, BLM or USFS (if required) & retains original. September 27, 2016 04-0038 None ✔ February 13, 2015 $66,893 N/A N/A INSTRUCTIONS FOR COMPLETING SURFACE MINING INSPECTION REPORT Form MRRC-1 (4/97) Page 2 (Rev. 07/13) BLOCK VII: Type of Financial Assurance Mechanism(s): Fill in the type of mechanism(s) that are on file. PRC § 3803 and SMGB Financial Assurance Guideline number 10 describe Surety Bonds, Trust Funds, or Irrevocable Letters of Credit as acceptable financial assurance mechanisms for non-governmental entity operators. For surface mining operations owned and operated by state and local government entities, Surety Bonds, Trust Funds, Irrevocable Letters of Credit, Pledges of Revenue, and Budget Set Aside are acceptable financial assurance mechanisms. State the Financial Assurance Mechanism(s) document number(s). State the dollar amount of each Financial Assurance Mechanism(s) currently on file. State the date of expiration of the Financial Assurance Mechanism(s) currently on file. State the date of approval for the most recent lead agency approved Financial Assurance Mechanism(s) on file. State the total dollar amount of mechanisms held for reclamation. Indicate if any Financial Assurance Mechanisms are pending review by the lead agency and the date and amount of submittal to the lead agency. Indicate if there has been a change of operator of record since the last inspection and, if so, note the date the change occurred and whether the new operator has signed any document acknowledging reclamation responsibility under the approved reclamation plan and if the new operator has posted a Financial Assurance Mechanism. If a replacement Financial Assurance Mechanism has not been posted, indicate the status of the new operator’s replacement Financial Assurance Mechanism.Per PRC § 2773.1(c) and Guideline number 19 of the SMGB’s Financial Assurance Guidelines, when operatorship is transferred, “the original financial assurance must remain in effect until the lead agency has approved, following department review, the replacement assurances provided by the successor operator.” The Financial Assurance amount must be adjusted and approved annually to account for new lands disturbed by surface mining operations and lands to be disturbed in coming year, inflation, and reclamation of lands accomplished in accordance with the approved Reclamation Plan (PRC § 2773.1(a)(3) and SMGB Financial Assurance Guideline #16). In order to determine what adjustments, if any, are appropriate to the Financial Assurance Mechanism amount, each mine operator must submit annually a revision of the written Financial Assurance Cost Estimate to the Lead Agency (PRC § 3804(c)).Provide the date of the operator’s most recent revision of the Financial Assurance Cost Estimate to the Lead Agency and where appropriate, provide a status of the pending Financial Assurance Cost Estimate. Provide the date and amount of the most recently approved Financial Assurance Cost Estimate. Also indicate if the Financial Assurance Cost Estimate is under appeal to the lead agency or whether it has been appealed to State Mining and Geology Board as described in PRC § 2770(e). Use the Financial Assurance “Other” and “Explanation” blocks to provide any other pertinent information regarding the status of Financial Assurance(s). If the operation does not have a sufficient Financial Assurance Cost Estimate and/or Financial Assurance Mechanism, explain in detail. State of CaliforniaDEPARTMENT OF CONSERVATIONOFFICE OF MINE RECLAMATION MRRC-1 (4/97) Page 3 of 5 (Rev. 07/13) SURFACE MINING INSPECTION REPORT VIII. Non-SMARA facility operations conditions solely of local concern (e.g. hours of operation) donot need to be noted here. See Instructions for Block VIII on reverse side of page. [Use separate sheet(s) where necessary. Refer to item numbers below] CA MINE ID # 91- Potential Reclamation PlanRequirements:List Reclamation Plan Requirements(Recommended to be filled out prior to field inspection)Note Site Conditions and Compliance Issues(Note additional comments on Page 5 as necessary) VN? 1) General Information a) Permitted Mineral Product(s) b) Approved Production Amount (Annual/Gross) c) End Date of Operations Per RP d) Permit end date e) End Use 2) Boundaries a) Property Boundary b) Permit Boundary c) Rec. Plan Boundary (RPB) d) Setbacks 3) Slopes –Grading a) Fill Slopes –Note Condition of: i) Slopes –Working (max/current) ii) Slopes –Reclaimed iii) Compaction b) Cut Slopes –Note Condition of: i) Slopes –Working (max./current) ii) Slopes –Reclaimed 4) Erosion Control a) BMPs b) Grading c) Vegetation 5) Ponds a) Design –Function b) Capacity (area/depth/volume) c) Maintenance 6) Stream & Wetland Protection a) Buffers (distance to channel) b) Berms (distance/length/height) c) Best Management Practices d) Drainage e) Grading & Slopes f) Stockpiles g) Stream Diversions 7) Sensitive Wildlife & Plant Protection a) List Species b) Protection Measures DISTRIBUTION: Lead Agency sends copies of Inspection notice & completed MRRC-1 to operator, operator’s designated agent, BLM or USFS (if required) & retains original. 04-0038 See Inspection Report See Inspection Report See Inspection Report See Inspection Report See Inspection Report See Inspection Report See Inspection Report INSTRUCTIONS FOR COMPLETING SURFACE MINING INSPECTION REPORT Form MRRC-1 (4/97) Page 3 and 4 (Rev. 07/13) BLOCK VIII: INSTRUCTIONS FOR EACH DATA COLUMN: Potential Reclamation Plan Requirements (Column 1): Under CCR § 3504.5(f), “Inspections may include, but shall not be limited to the following: the operation’s horizontal and vertical dimensions, volumes of materials stored on the site; slope angles of stock piles, waste piles and quarry walls; potential geological hazards; equipment and other facilities; samples of materials; photographic or other electronic images of the operation; any measurements or observations deemed necessary by the inspector or the lead agency to ensure the operation is in compliance with Public Resources Code Chapter 9.” Column 1 provides a list of items that may be included in the approved reclamation plan, either expressly or by reference as described in PRC § 2772(d), which may include conditions of approval, other permit requirements and supplementary documents, including environmental documents, prepared for the project pursuant to Division 13 (commencing with Section 21000). It is not expected that all reclamation plans will include each item of Section VIII, or be limited to the items listed. Items in Column 1 that are not operative requirements in the reclamation plan may not need to be addressed by the inspection. Operative reclamation plan requirements not listed in Items 1 through 12 may be listed in Item 13, under “Other Reclamation Plan Requirements.” Reclamation Plan Requirements (Column 2): Prior to field inspection, it is recommended that the inspector review the approved reclamation plan and any amendments, as well as any other documents included by reference, including conditions of approval, other permit requirements and supplementary documents, such as environmental documents prepared for the project pursuant to Division 13 (commencing with Section 21000) that specifically relate to reclamation of the mine site. The most recently approved Financial Assurance Cost Estimate and any pending or ongoing enforcement actions should also be reviewed. Conditions of approval that relate to facility operations solely of local concern, such as hours of operation, noise, and dust control are not subject to the inspection. Column 2 is intended to provide the inspector a place to match any items noted in Column 1 with those items included in the approved reclamation plan either expressly or by reference as described in PRC § 2772(d), which may include conditions of approval, other permit requirements and supplementary documents, including environmental documents prepared for the project pursuant to Division 13 (commencing with § 21000). Also note any Interim Management Plan (IMP) requirements where the mine is subject to an IMP pursuant to PRC § 2770(h). Indicate the source document for the reclamation plan requirements at the end of the entry in parenthesis; i.e. (COA) (POO) (EIR) (WDR) (SWPPP), etc. Conditions of approval that relate to facility operations solely of local concern, such as hours of operation, noise, and dust control should not be included in Column 2. If items listed in Column 1 of Section VIII of the form are not included in the reclamation plan or other documents included by reference, write not applicable or “NA” in Column 2. Specific reclamation requirements may not apply to an operation at the time of inspection, but they are important to be aware of to ensure current activity at the site will not prohibit reclamation in accordance with the approved reclamation plan. A copy of the Surface Mining and Reclamation Act of 1975 and 1993 SMGB regulations may be obtained at http://www.conservation.ca.gov/omr/lawsandregulations/Pages/SMARA.aspx. Site Conditions and Compliance Issues (Column 3): Describe current site conditions and compliance issues noted for both operating and reclaimed surfaces that pertain to the reclaimed condition of the mining site. Block IX is provided for additional space to describe site conditions and/or compliance issues. Attach additional sheets as necessary. Evaluations of slope stability and engineered compaction should be prepared by qualified professionals only. PRC § 2774(b)) states “The lead agency may cause an inspection to be conducted by a state licensed geologist, state licensed civil engineer, state licensed landscape architect, or state licensed forester, who is experienced in land reclamation and who has not been employed by a surface mining operation within the jurisdiction of the lead agency in any capacity during the previous 12 months.” VN?(Column 4): Use this box to indicate if violations were noted for any of the specific items under the corresponding item group heading (e.g., Boundaries, Slopes-Grading, etc.) during field inspection of the site. Enter number of violations in the box. State of CaliforniaDEPARTMENT OF CONSERVATIONOFFICE OF MINE RECLAMATION MRRC-1 (4/97) Page 4 of 5 (Rev. 07/13) SURFACE MINING INSPECTION REPORT VIII. Non-SMARA facility operations conditions solely of local concern (e.g. hours of operation) do not need to be noted here. See Instructions for Block VIII on reverse side of page. [Use separate sheet(s) where necessary. Refer to item numbers below] CA MINE ID # 91- Potential Reclamation PlanRequirements:List Reclamation Plan Requirements(Recommended to be filled out prior to field inspection)Note Site Conditions and Compliance Issues(Note additional comments on Page 5 as necessary)VN? 8) Soil/Overburden Stockpile Management a) Topsoil i) Location ii) Slope Stability iii) BMPs b) Overburden i) Location ii) Slope Stability iii) BMPs c) Topsoil Application i) Amendments ii) Depth iii) Moisture iv) Application Methods 9) Revegetation a) Test Plots b) Species Mix c) Density d) Percent Cover e) Species Richness f) Protection g) Success Monitoring h) Invasive Species Control 10) Structures 11) Equipment 12) Closure of Adits 13) Other Reclamation PlanRequirements DISTRIBUTION: Lead Agency sends copies of Inspection notice & completed MRRC-1 to operator, operator’s designated agent, BLM or USFS (if required) & retains original. 04-0038 See Inspection Report See Inspection Report See Inspection Report See Inspection Report N/A N/A State of California DEPARTMENT OF CONSERVATIONOFFICE OF MINE RECLAMATION MRRC-1 (4/97) Page 5 of 5 (Rev. 07/13) SURFACE MINING INSPECTION REPORT IX. List comments/description/sketches to support observations of mine site conditions, including violations. Where any violations are noted, list in numerical order, along with suggested corresponding corrective actions. Also describe preventative measures recommended by the inspector to avoid or remedy potential violations. Indicate if you have attached photos, sketches, and/or notice(s) of violation(s) or other documents to this form. (Add additional sheets as necessary) CA MINE ID # 91- Inspection Date: Weather Code(s): Duration of Inspection: Start Time: End Time: Status of Mine Code(s): Status of Reclamation Code(s): Approximate Acreage Under Reclamation: Approximate Acreage the lead agency has determined reclaimed in accordance with the approved reclamation plan: Approximate Total Disturbed Acreage: Approximate Pre-SMARA Disturbed Acreage: Disturbed Acreage Identified in Most Recent Financial Assurance Cost Estimate: Previous Inspection Date (and Number of Violations then Noted): Violations Corrected? (explain in block to left) Inspection Attendees and Affiliations: X. Number of Current Violations:Inspectors Signature:If inspector is a contractor for the lead agency give license type and number: Date Signed: DISTRIBUTION: Lead Agency sends copies of Inspection notice & completed MRRC-1 to operator, operator’s designated agent, BLM or USFS (if required) & retains original. 04-0038 Violations: 1. File an updated Financial Assurance Cost Estimate, Pursuant to Butte County Code Section 13-109(e) and California Public Resources Code Section 2773.1. The financial assurance cost estimate shall account for the cost of reclamation of existing lands disturbed by, and accessory to surface mining operations, in accordance with the approved reclamationplan, and shall also account for inflation and anticipated activities during the upcoming year. 2. Submit a financial assurance to coincide with the latest approved financial assurance cost estimate for the mine. It’s recommended that a new Financial Assurance Cost Estimate accounting for lands currently disturbed from activities performed in 2014 be prepared and filed with the County. Corrective Measures: 1. File a copy of the 2015 Mining Operation Annual Report to Butte County. September 27, 2016 CR 1 hour 10:30 AM 11:30 PM NP R 15 acres (historic disturbance area) None 19 acres (historic & active mine areas) None 20.4 October 13, 2015 (1) None 2 INSTRUCTIONS FOR COMPLETING SURFACE MINING INSPECTION REPORT Form MRRC-1 (4/97) Page 5 (Rev. 05/13) BLOCK IX Inspectors may use the large open block for comments to describe violations, corresponding corrective actions, or preventative measure(s) suggested by the inspector to address noted violations or avoid potential violations, and to explain any limitations on the inspection conducted. The inspector can also use this space to describe the status of any pending or current enforcement actions. Separate violations that are the subject of existing enforcement actions from violations observed during the current inspection. Enter California Mine ID Number and Date of Inspection. Weather Codes: CR = Clear; CL = Cloudy; RN = Rain; SN = Snow; WD = Windy For "Duration of Inspection," indicate the start and end times of the inspection (do not include travel time). SMARA Status Codes (based on annual report and reported production under CCR § 3695, indicate the appropriate status code) I = Idle (Per § 2727.1) NP = Newly Permitted (must be no mining/disturbance) AB = Abandoned (Per § 2770(h)(6)) NOP-NC = Not in operation, reclamation not completed NOP-C = Not in operation, reclamation completed If idle, indicate either the date operation became idle as defined by PRC Section 2727.1, the date an IMP was approved, or the status of any pending IMP. Status of Reclamation Codes: RN = Reclamation not begun P = Post reclamation monitoring R = Reclamation in progress RC = Reclamation complete Enter approximate acreage under reclamation (the number of acres actively being reclaimed in accordance with the approved reclamation plan). Enter approximate acreage determined to be reclaimed in accordance with the approved reclamation plan by Lead Agency. Enter approximate total disturbed acreage. This includes all acreage disturbed by the surface mining operation, as defined by PRC § 2729: “’Mined Lands’ includes the surface, subsurface, and ground water of an area in which surface mining operations will be, are being, or have been conducted, including private ways and roads appurtenant to any such area, land excavations, workings, mining waste, and areas in which structures, facilities, equipment, machines, tools or other materials or property which result from, or are used in, surface mining operations are located.” This should include acreage under reclamation that has not been determined to be reclaimed in accordance with the approved reclamation plan by the Lead Agency. Enter the total number of acres within or adjacent to the disturbance area of the operation disturbed pre-SMARA (disturbance before January 1, 1976, that has not had mining related disturbance after January 1, 1976). Enter the disturbed acreage identified in the most recent Financial Assurance Cost Estimate (i.e., the disturbed acreage that was used to calculate the most recent Financial Assurance Cost Estimate. Enter the date of the previous lead agency inspection and number of violations noted during that inspection. Attendees: Provide the names and affiliations of parties in attendance at the inspection. BLOCK X: Enter the number of violations noted during the inspection. Sign and date the Inspection Report. If the inspector is a consultant to the lead agency, include the inspector’s certification (PE, PG, CEG, etc.) and license number, if applicable. The lead agency may cause an inspection to be performed by contracting with private consultants, specifically: state licensed geologist, state licensed civil engineer, state licensed landscape architect, or state licensed forester per § 2774(b). September 27, 2016 New Carr Mine Inspection (CA ID 91-04-0038) Photo 1 – Catch Basin 1b. Photo 2 – Current Active Mine Area. September 27, 2016 New Carr Mine Inspection (CA ID 91-04-0038) Photo 3 – Mining supply storage (adjacent to Catch Basin 1b). Photo 4 – Settling Basin 1b. September 27, 2016 New Carr Mine Inspection (CA ID 91-04-0038) Photo 5 – Final gold recovery shed & 5,000 gallon water storage tank. Photo 6 – Settling Basin 2b. September 27, 2016 New Carr Mine Inspection (CA ID 91-04-0038) Photo 7 – Settling Basin 3. Photo 8 – Settling Basin 1a (foreground)/Settling Basin 2a (background)