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HomeMy WebLinkAboutMRRC-1 Annual Inspection Report_Lucky 7_FinalState of California DEPARTMENT OF CONSERVATION OFFICE OF MINE RECLAMATION MRRC-1 (4/97) Page 1 of 5 (Rev. 07/13) SURFACE MINING INSPECTION REPORT (See reverse side of each form page for completion instructions) I. Mine Name (As Shown on Approved Reclamation Plan) Inspection Date: CA MINE ID# 91- II. Mine Operator Telephone ( ) Onsite Contact Person Telephone ( ) Mailing Address City State ZIP Code E-mail Address (optional) III. Designated Agent Telephone ( ) Mailing Address City State ZIP Code E-mail Address (optional) IV. SMARA Lead Agency Name (City, County, BCDC, or SMGB) Inspector Telephone ( ) Title Organization Mailing Address City State ZIP Code E-mail Address (optional) V. Does the operation have: P NR No Yes A Permit to Mine Permit # - Start and Expiration Dates Vested Right to Mine Year of Lead Agency determination A Reclamation Plan RP# Date Approved Reclamation Plan Amendment RP Amendment # (as applies) Date Approved or Status of Amendment Has the Operator filed a Mining Operation Annual Report (Form MRRC-2) this Year? Check One: Yes No Year of Most Recent Filed Annual Report: VI. Is this Operation on Federal Land? Check One: If "Yes,” Provide One or Both of the Federal Mine Land Identification Numbers Below: Yes No California Mining Claim Number (CAMC#): Latitude/Longitude at Mine Entrance (Decimal Degrees): U.S. Forest Service or BLM Identification Number (Plan of Operations #) : Status of Plan of Operations (Current/Expired/In Process): DISTRIBUTION: Lead Agency sends copies of Inspection notice & completed MRRC-1 to operator, operator’s designated agent, BLM or USFS (if required) & retains original. INSTRUCTIONS FOR COMPLETING SURFACE MINING INSPECTION REPORT Form MRRC-1 (4/97) Page 1 (Rev. 07/13) This report is intended to comply with the requirements of California’s Surface Mining and Reclamation Act (SMARA – Public Resources Code Sections §§ 2710 et seq., and the associated California Code of Regulations found in Title 14, division 2, beginning at § 3500, hereinafter respectively “PRC” or “CCR”) and specifically PRC § 2774(b) and CCR § 3504.5 for operations located on private land and/or partly or solely on Bureau of Land Management (BLM) and U.S. Forest Service (USFS) lands (Title 43, parts 3500, 3600, and 3800 of the Code of Federal Regulations). A Memorandum of Understanding between the U.S. Department of Interior, BLM; U.S. Department of Agriculture, USFS; the State of California, Department of Conservation; and the State Mining and Geology Board (SMGB), discusses implementation of SMARA on Federal lands in California that are under the jurisdiction of the BLM and/or the USFS. As required by PRC § 2774(b) and CCR § 3504.5(g), Lead Agencies shall file an Inspection Notice that includes a statement regarding compliance with SMARA, a copy of this Surface Mining Inspection Report (MRRC-1) and any other supporting documentation with the Department within 30 days of completion of the inspection. The Lead Agency shall also forward a copy of the Inspection Notice, MRRC-1, and any supporting documentation to the operator. BLOCK I: Enter the name of the Mining Operation, the date of the inspection, and the California Mine ID number. BLOCK II: Enter the name of the Mine Operator, mailing address, phone number, name, and email address (optional) of the person to serve as the onsite contact. BLOCK III: Enter the name, mailing address, phone number, and email (optional) of the Designated Agent who, under PRC § 2772(c)(1) and 2207(a)(1), will serve as a contact for any follow-up correspondence or discussions regarding the inspection or noted violations. BLOCK IV: For "Lead Agency," enter the name of the certified SMARA Lead Agency that is conducting this inspection. Acceptable entries include the name of the city, county, Bay Conservation and Development Commission (BCDC), or State Mining and Geology Board (SMGB). For "Organization," enter the name of the agency, firm or other organization that employs the inspector. BLOCK V: Check the appropriate boxes. P NR, No, Yes Pending (on appeal or awaiting approval by Lead Agency) Not required for this operation at the time this inspection was completed No Yes, supply information Note: Where appropriate, to aid in determining when the lead agency recognized that the operation has vested mining rights, inspectors are advised to review older agency correspondence, minutes of lead agency hearings, including agendas and staff reports associated with approvals of any kind related to the mining operation. BLOCK VI: Indicate if the operation is on federal Land; if operation is on federal land, include a California Mining Claim Number and/or a BLM/USFS Identification Number and Plan of Operations Number, if applicable. Give the status of the BLM/USFS Plan of Operations, as indicated. Give the latitude and longitude at the mine entrance in decimal degrees. ___________________________________________________________________________________________________________________________________________ DISTRIBUTION INSTRUCTIONS: One copy of the inspection notice and this completed Inspection Report (all pages) shall be given to the Mine Operator and the operator’s designated agent by the lead agency (PRC Section 7374(b). The Lead Agency must retain the original copy of this Inspection Report and submit one copy of this Inspection Report, along with an original inspection report notice (PRC Subsection 2774(b)), within 30-days of the completion of the inspection, to: Department of Conservation Office of Mine Reclamation 801 K St MS 09-06 Sacramento, CA 95814-3529 If any part of the operation inspected is on BLM or USFS land, one copy of this Inspection Report should be forwarded to the appropriate BLM or USFS office. State of California DEPARTMENT OF CONSERVATION OFFICE OF MINE RECLAMATION MRRC-1 (4/97) Page 2 of 5 (Rev. 07/13) SURFACE MINING INSPECTION REPORT VII. Financial Assurance Inspection Date: CA MINE ID#: 91- Type of Financial Assurance Mechanism(s) Financial Assurance Mechanism Number(s) Amount of Mechanism Date of Expiration Date of Lead Agency Approval of Mechanism Total Amount of Mechanism(s) Financial Assurance Mechanism Pending Review by Lead Agency? If yes, provide date submitted/explanation and amount of pending mechanism: Has there been a change of operator since last inspection? If yes provide the date of notice. Yes No Date of Change: If yes, has the new operator posted a Financial Assurance Mechanism? Yes No If not, describe status of new operators Financial Assurance Mechanism: Does new operator’s Notice of Change include a statement of responsibility for reclamation? Yes No Posted a Financial Assurance Mechanism? Yes No If No, Has The New Operator Been Advised Of Financial Assurance Obligations? Yes No Date and Amount of Most Recent Approved Financial Assurance Cost Estimate: Date: Amount: Financial Assurance Cost Estimate Pending Review with Lead Agency? Date Submitted/Explanation/Amount of pending estimate: Financial Assurance Cost Estimate Appealed by Operator? Date Submitted to State Mining and Geology Board or Lead Agency for Appeal/Explanation: Other? DISTRIBUTION: Lead Agency sends copies of Inspection notice & completed MRRC-1 to operator, operator’s designated agent, BLM or USFS (if required) & retains original. INSTRUCTIONS FOR COMPLETING SURFACE MINING INSPECTION REPORT Form MRRC-1 (4/97) Page 2 (Rev. 07/13) BLOCK VII: Type of Financial Assurance Mechanism(s): Fill in the type of mechanism(s) that are on file. PRC § 3803 and SMGB Financial Assurance Guideline number 10 describe Surety Bonds, Trust Funds, or Irrevocable Letters of Credit as acceptable financial assurance mechanisms for non-governmental entity operators. For surface mining operations owned and operated by state and local government entities, Surety Bonds, Trust Funds, Irrevocable Letters of Credit, Pledges of Revenue, and Budget Set Aside are acceptable financial assurance mechanisms. State the Financial Assurance Mechanism(s) document number(s). State the dollar amount of each Financial Assurance Mechanism(s) currently on file. State the date of expiration of the Financial Assurance Mechanism(s) currently on file. State the date of approval for the most recent lead agency approved Financial Assurance Mechanism(s) on file. State the total dollar amount of mechanisms held for reclamation. Indicate if any Financial Assurance Mechanisms are pending review by the lead agency and the date and amount of submittal to the lead agency. Indicate if there has been a change of operator of record since the last inspection and, if so, note the date the change occurred and whether the new operator has signed any document acknowledging reclamation responsibility under the approved reclamation plan and if the new operator has posted a Financial Assurance Mechanism. If a replacement Financial Assurance Mechanism has not been posted, indicate the status of the new operator’s replacement Financial Assurance Mechanism. Per PRC § 2773.1(c) and Guideline number 19 of the SMGB’s Financial Assurance Guidelines, when operatorship is transferred, “the original financial assurance must remain in effect until the lead agency has approved, following department review, the replacement assurances provided by the successor operator.” The Financial Assurance amount must be adjusted and approved annually to account for new lands disturbed by surface mining operations and lands to be disturbed in coming year, inflation, and reclamation of lands accomplished in accordance with the approved Reclamation Plan (PRC § 2773.1(a)(3) and SMGB Financial Assurance Guideline #16). In order to determine what adjustments, if any, are appropriate to the Financial Assurance Mechanism amount, each mine operator must submit annually a revision of the written Financial Assurance Cost Estimate to the Lead Agency (PRC § 3804(c)). Provide the date of the operator’s most recent revision of the Financial Assurance Cost Estimate to the Lead Agency and where appropriate, provide a status of the pending Financial Assurance Cost Estimate. Provide the date and amount of the most recently approved Financial Assurance Cost Estimate. Also indicate if the Financial Assurance Cost Estimate is under appeal to the lead agency or whether it has been appealed to State Mining and Geology Board as described in PRC § 2770(e). Use the Financial Assurance “Other” and “Explanation” blocks to provide any other pertinent information regarding the status of Financial Assurance(s). If the operation does not have a sufficient Financial Assurance Cost Estimate and/or Financial Assurance Mechanism, explain in detail. State of California DEPARTMENT OF CONSERVATION OFFICE OF MINE RECLAMATION MRRC-1 (4/97) Page 3 of 5 (Rev. 07/13) SURFACE MINING INSPECTION REPORT VIII. Non-SMARA facility operations conditions solely of local concern (e.g. hours of operation) do not need to be noted here. See Instructions for Block VIII on reverse side of page. [Use separate sheet(s) where necessary. Refer to item numbers below] CA MINE ID # 91- Potential Reclamation Plan Requirements: List Reclamation Plan Requirements (Recommended to be filled out prior to field inspection) Note Site Conditions and Compliance Issues (Note additional comments on Page 5 as necessary) VN? 1) General Information a) Permitted Mineral Product(s) b) Approved Production Amount (Annual/Gross) c) End Date of Operations Per RP d) Permit end date e) End Use 2) Boundaries a) Property Boundary b) Permit Boundary c) Rec. Plan Boundary (RPB) d) Setbacks 3) Slopes – Grading a) Fill Slopes – Note Condition of: i) Slopes – Working (max/current) ii) Slopes – Reclaimed iii) Compaction b) Cut Slopes – Note Condition of: i) Slopes – Working (max./current) ii) Slopes – Reclaimed 4) Erosion Control a) BMPs b) Grading c) Vegetation 5) Ponds a) Design – Function b) Capacity (area/depth/volume) c) Maintenance 6) Stream & Wetland Protection a) Buffers (distance to channel) b) Berms (distance/length/height) c) Best Management Practices d) Drainage e) Grading & Slopes f) Stockpiles g) Stream Diversions 7) Sensitive Wildlife & Plant Protection a) List Species b) Protection Measures DISTRIBUTION: Lead Agency sends copies of Inspection notice & completed MRRC-1 to operator, operator’s designated agent, BLM or USFS (if required) & retains original. INSTRUCTIONS FOR COMPLETING SURFACE MINING INSPECTION REPORT Form MRRC-1 (4/97) Page 3 and 4 (Rev. 07/13) BLOCK VIII: INSTRUCTIONS FOR EACH DATA COLUMN: Potential Reclamation Plan Requirements (Column 1): Under CCR § 3504.5(f), “Inspections may include, but shall not be limited to the following: the operation’s horizontal and vertical dimensions, volumes of materials stored on the site; slope angles of stock piles, waste piles and quarry walls; potential geological hazards; equipment and other facilities; samples of materials; photographic or other electronic images of the operation; any measurements or observations deemed necessary by the inspector or the lead agency to ensure the operation is in compliance with Public Resources Code Chapter 9.” Column 1 provides a list of items that may be included in the approved reclamation plan, either expressly or by reference as described in PRC § 2772(d), which may include conditions of approval, other permit requirements and supplementary documents, including environmental documents, prepared for the project pursuant to Division 13 (commencing with Section 21000). It is not expected that all reclamation plans will include each item of Section VIII, or be limited to the items listed. Items in Column 1 that are not operative requirements in the reclamation plan may not need to be addressed by the inspection. Operative reclamation plan requirements not listed in Items 1 through 12 may be listed in Item 13, under “Other Reclamation Plan Requirements.” Reclamation Plan Requirements (Column 2): Prior to field inspection, it is recommended that the inspector review the approved reclamation plan and any amendments, as well as any other documents included by reference, including conditions of approval, other permit requirements and supplementary documents, such as environmental documents prepared for the project pursuant to Division 13 (commencing with Section 21000) that specifically relate to reclamation of the mine site. The most recently approved Financial Assurance Cost Estimate and any pending or ongoing enforcement actions should also be reviewed. Conditions of approval that relate to facility operations solely of local concern, such as hours of operation, noise, and dust control are not subject to the inspection. Column 2 is intended to provide the inspector a place to match any items noted in Column 1 with those items included in the approved reclamation plan either expressly or by reference as described in PRC § 2772(d), which may include conditions of approval, other permit requirements and supplementary documents, including environmental documents prepared for the project pursuant to Division 13 (commencing with § 21000). Also note any Interim Management Plan (IMP) requirements where the mine is subject to an IMP pursuant to PRC § 2770(h). Indicate the source document for the reclamation plan requirements at the end of the entry in parenthesis; i.e. (COA) (POO) (EIR) (WDR) (SWPPP), etc. Conditions of approval that relate to facility operations solely of local concern, such as hours of operation, noise, and dust control should not be included in Column 2. If items listed in Column 1 of Section VIII of the form are not included in the reclamation plan or other documents included by reference, write not applicable or “NA” in Column 2. Specific reclamation requirements may not apply to an operation at the time of inspection, but they are important to be aware of to ensure current activity at the site will not prohibit reclamation in accordance with the approved reclamation plan. A copy of the Surface Mining and Reclamation Act of 1975 and 1993 SMGB regulations may be obtained at http://www.conservation.ca.gov/omr/lawsandregulations/Pages/SMARA.aspx. Site Conditions and Compliance Issues (Column 3): Describe current site conditions and compliance issues noted for both operating and reclaimed surfaces that pertain to the reclaimed condition of the mining site. Block IX is provided for additional space to describe site conditions and/or compliance issues. Attach additional sheets as necessary. Evaluations of slope stability and engineered compaction should be prepared by qualified professionals only. PRC § 2774(b)) states “The lead agency may cause an inspection to be conducted by a state licensed geologist, state licensed civil engineer, state licensed landscape architect, or state licensed forester, who is experienced in land reclamation and who has not been employed by a surface mining operation within the jurisdiction of the lead agency in any capacity during the previous 12 months.” VN? (Column 4): Use this box to indicate if violations were noted for any of the specific items under the corresponding item group heading (e.g., Boundaries, Slopes-Grading, etc.) during field inspection of the site. Enter number of violations in the box. State of California DEPARTMENT OF CONSERVATION OFFICE OF MINE RECLAMATION MRRC-1 (4/97) Page 4 of 5 (Rev. 07/13) SURFACE MINING INSPECTION REPORT VIII. Non-SMARA facility operations conditions solely of local concern (e.g. hours of operation) do not need to be noted here. See Instructions for Block VIII on reverse side of page. [Use separate sheet(s) where necessary. Refer to item numbers below] CA MINE ID # 91- Potential Reclamation Plan Requirements: List Reclamation Plan Requirements (Recommended to be filled out prior to field inspection) Note Site Conditions and Compliance Issues (Note additional comments on Page 5 as necessary) VN? 8) Soil/Overburden Stockpile Management a) Topsoil i) Location ii) Slope Stability iii) BMPs b) Overburden i) Location ii) Slope Stability iii) BMPs c) Topsoil Application i) Amendments ii) Depth iii) Moisture iv) Application Methods 9) Revegetation a) Test Plots b) Species Mix c) Density d) Percent Cover e) Species Richness f) Protection g) Success Monitoring h) Invasive Species Control 10) Structures 11) Equipment 12) Closure of Adits 13) Other Reclamation Plan Requirements DISTRIBUTION: Lead Agency sends copies of Inspection notice & completed MRRC-1 to operator, operator’s designated agent, BLM or USFS (if required) & retains original. 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). Se p t e m b e r 1 8 , 2 0 1 4 A n n u a l I n s p e c t i o n P h o t o s – L u c k y 7 P i t ( 9 1 - 0 4 - 0 0 1 4 ) Ph o t o 1 - V i e w o f p l a n t a r e a . Ph o t o 2 – H a z a r d o u s m a t e r i a l s s t o r a g e a r e a . Ph o t o 3 – E x c a v a t i o n a r e a i n 2 0 1 3 . P h o t o 4 – S a m e v i e w o f e x c a v a t i o n a r e a i n 2 0 1 4 a f t e r r e c l a m a t i o n e a r t h w o r k & n a t u r a l r e v e g e tation. Se p t e m b e r 1 8 , 2 0 1 4 A n n u a l I n s p e c t i o n P h o t o s – L u c k y 7 P i t ( 9 1 - 0 4 - 0 0 1 4 ) Ph o t o 5 - S t r e a m c r o s s i n g o v e r D r y C r e e k du r i n g 2 0 1 3 i n s p e c t i o n . P h o t o 6 – S a m e s t r ea m d u r i n g 2 0 1 4 i n s p e c t i o n a f t e r s t r e a m c r o s sing was disabled. Ph o t o s 7 & 8 – p h o t o o f 2 0 1 2 e x c a v a t i o n a r e a t a k e n i n 2 0 1 3 ( L e f t ) a nd 2 0 1 4 ( R i g h t ) . N o a c t i v e r e ve g e t a t i o n o c c u r r e d , b u t s i t e revegetated naturally. Se p t e m b e r 1 8 , 2 0 1 4 A n n u a l I n s p e c t i o n P h o t o s – L u c k y 7 P i t ( 9 1 - 0 4 - 0 0 1 4 ) Ph o t o s 8 & 9 – C u r r e n t e x c a v a t i o n a r e a . Ph o t o 9 s h o w s p a s t e x c a v a t i on a r e a ( 3 y e a r s a g o ) i n b ac k g r o u n d a d j a c e n t t o c u r r e n t e x cavation area. Ph o t o 1 0 – V i e w o f s c a l e s a n d s c a l e h o u s e . P h o t o 1 1 - S t o c k p i l e s o f m a r k e t a b l e a g g r e g a t e .