-e

MINUTE ITEM

AWARD OF MINERAL EXTRACTION LEASE

04/23/87 w 23828

PRC 7073 Martinez

During consideration of Calendar Item 39, attached, Mr. Lee Roy Pierce, Jr., Attorney, representing International Minerals Services, appeared to state his objection to the proposed staff recommendation. Mr. Pierce felt that, under P.R.C. Sectio~ 6303, the Co~mission had an obligation to issue a lease to !nternatignal Minerals Services.

Chief Counsel Rnbert Hight clarifierl that, undP.r P.R.C. Sectiun 6305~ ths Cqmmission has the authority to issue a negotiated l~ase for dreding specjfically for the p~rpose of improving navigation. A protest letter was receiue~ by staff and the Corumtssion authorized staff to offer for lease by compa~itiue bid, this prcject.

International Min~rals Services chose not to participat~ in the bid process.

Oepcty ~ttorney General Jan Ste~ens concurred that the bjdding process was chosen by the Commission as the best alternative.

Mr. John E. McArnis, representing J. E. McAmis, Inc., indicated hie comp&ny was the second lowest bidder for the p~oject. Mr. McAmi~ felt that, since his company was wo~king with the Ci t:1 of s.·cramento, they were in the best position to remove the hazara.

Commission-~lternate Jim Tucker advised M~. Pierce that~ because Int\rnational Minerals Seruic~s chose not to participa~e in tho bidding process, the Commission has.no way of knO'..oing wl e·ther -international Mil'terals is the most qualified company.

Upon motion dul~ made by Commission-Alternate Wallace and seconded by Act•ng Chairwoman Ordway, Calendar Item 39 was approved, as pr•:entcd, by a vote of 2-0.

Attachment: Calen~ar Item ~9.

-CALENDAR PACI

MINUTE PACI 1343

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s s, 6

CALE~JOAR ITEM

39

AWARD OF MI~ERAL EXTRACTION LEASE

04/23/87 w 23828 Martinez PRC 7073

On uctober 23, 1986, the Commission authorized staff to ~ffer fo• lease by competitive bid, State-owned tide and submerged lands in the bed of the Sacramento R1ver between Mile Post S6.0 and Mile Post 58.0 in Sacramento and Yolo counties, for the extraction of mineral~ ether than oil, gas and geothermal resources. Staff believes that the area is a commercia1 source of sand and gravel depGsits. In accordance with th1s authorization, staff pr'pared a bid package, and a Notice inviting responses t, the proposal was publis~ed in the Sacramento Bee on Ja~uary 7, 1987, soliciting bids for the bid opening on January 21,1987

In accordanc~ with the published Notice, the bids were opened in the Sacramento Office of t~e Commission on January 21, 19~7. q99re~ate T~~nsport was the high bidder with a bid Factor af 2.3. A bid was also submitte~ by J. E. McAmis, Inc. with a bid factor of 2.1. The bid fac~or, 2.3 is to be applied to the royalty formula attachPd as Exhibit "C'' hereto. The bid factor operates as a multiplier to the lease royalty formula whicn will effectively resul~ in the payment of royalties at 23 percent of the ~eighted average sales price per cubic yar(. The minimum rental is $121 annually for two years and the minimum royalty is $30,000 annuallu for two years. The lease has a primary term of two year~ with the option to ~en~w for one successive period of two years upon such reasonable term~ and conditions as ma~ be pr~scribed by the State.

Pursuant to Section 6890 of the P.R.C., the Office of the ~ttorney General has reviewed and approved the bid of Aggregat~ T~ansport as to conformance with the requirements specifi~d in the Commissio~·s proposal to enter into a Mineral Extraction Lease covering those specified State-owned lands in the Sacramento Riuer, and as to compliance with the applicable pro~isions of la~ and the rules and regulations of the State Lands Commission.

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CALENDAR PAGE 1 8 8 MINUTE PAG~ r 3. 44.

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CALENDAR ITEM NO. 39 ccmJT'D)

Negative Declaration No. 403, SCH 86072111 was prepsred by the staff of the State Lands Commission ~ursuant to CEQA and impl0menting guidelines for this proj~.ct. This ND was adopted by the Commission on October 23, 1986. Aggregate Transport intends to utilize the disposal site ident~fied in this ND and has obtained the right to do so as evider1ced in fxhibi t 11 i.: n

hereof. Therefore, no further environmental documentation is re~uired f~r this project.

AB 884: N/A.

EXH:::BITS: A. Legal Description. B. Location Map. C. Royalty Formula. D. Lease Forrr•. E. Disposal Site Authorization.

IT IS RECOMMENDED THAT T~E CO~MISSION, IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 6 OF THE P.R.C:

1. FIND THAT ON OCTOBER 23, 1986, THE COMMISSION ADOPTED ND NO. 403, SCH 86072111, WHICH WAS PREPARED AND CIRCULATED IN COMPLIANCE WITH CEQA, AS AMENDED; THAT THE COMMISSION HAS REVIEWED AND CONSIDERED THE INFORMATION CONTAINED

' THEREIN; AND THAT THIS ND SATISFIES THE REQUIREMENTS OF CEQA INSOFAR AS THIS PROJECT IS CONCERNED.

2. FIND THAT AGG~EGATE TRANSPORT, HAVING SUBMITTED A BID WITH ~ BID FACTOR OF 2.3 IS THE HIGHEST QUALIFIED AND RESPONSIBLE BIDDER AMONG THOSE PRESENTING BIDS FOR THE SUBJECT LEASE.

3. AUTHORIZE THE ISSUANCE OF A TWO-YEAR MINERPL EXTRACTION LEASE or STATE-OWNED LANDS IN THE SACRAMENTO RIVER, SACRAMENTO AND YOLO COUNTIES, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED THERETO AND BY REFERENCE MADE A PHRT HEREOF TO AGGREGATE TRANSPORT, AT A ROYALTY OETFRMINED IN ACCORDANCE WITH THE FORMULA ATTACHED AS EXHIBIT "C 11

, AND THE OTHER TERMS AND CONDITIONS A~ SET FORTH IN THE LEASE OFFERING.

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CALENO.-.i< PACE 1 8 9 MINUTE PAC:E r 3 4 t:•

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0531C

EXHIBIT "A"

LAND DESCRIPTION

03/26/87 w 23828 Martinez

All that tide and submerged land in the bed of the Sacramento River between Mile Post 56.0 and Mile Post 58.0 in Sacramento and Yolo Counties, California.

EXCEPTING THEREFROM any portion lying landward of the ordinary high water marks along the right and left banks of the Sacra•t-anto River.

END OF DESCRIPTION

PREPARED DECl!l1BER 4, 1986 DY BOUNDARY SERVICES UNIT, M. L. SHAFER, SUPERVISL •••

CALENDAR PAGE

MINUTE PtlG~

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V//Z'JJ OR:DGING AREA

Scale: 111• ZOOO'

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Existir.g Pipeline (Approx} 200' Corridor

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WEST SACRAMENTO

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No Scale

VICINITY MAP

EXHIBIT "B" LEASE FOR EXTRACTION

OF MINERAL RESOURCES

W23020 SACRAMENiO ~IVER SACRAMENTO/YOLO

COUNTIES

Ao 12/or.

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"C"

w 23828

CO~ts IDERATiuN:

Royal~ies for the mineral resources produced or extracted are to be determined accordinq to the following formul~:

Whale

R • (0.10 W(Y)] B

R • royalty in dollars and cents paid to the State.

B • bid factor ~f than l.~.

which shall be no less

W = weiqhted average lease quarter <Jross sale$ ~rice. f .o.b. the dock. per cubic yard.

Y • total lease quarter cubic yardage removed from the lease area.

cne weighted average sales price (WASP, per lease quar~er shall include consideration of wholesale and retail sales and is subject to ra.pproval and audit by th2 State. Th~ royc:ilty rate tor a lease quarter sha!.l be based upon the WASP for that quarter. In place sales shall not be permitted.

The ~inimum royalty to be paid to the State for a~y lease year shall be Thirty Thousand Dollars ($30,0DO).

The first lease quarter shall be the first three ~onths following the effective date of the lease and every three-month period thereafter sh~ll be a lease quarter. A lease year shall be the first twelve (12} consecutive months following the effective ~ate of the lease and every twelve month period thereafter shall be a lease year.

All sales and production data are subject to ~udit by the State. The term "dock" as used herein is def ineq as the berthing facility commonly used by the lessee as the base of operations for the conduct of those operations ~ermitted under the tQ.rms of this lease.

All royalties shall be due and payable to the State as provided in Sect\on 4, Jaraqraph 2 hereof.

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CALENDAR PACE

MINUTE PACE

192

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EXHIBIT 110 11

STA~E LANDS COMMISSION

State of California

Lease for Extraction of M~neral ResourcGD

S~ction 1

THIS INDENTURE OF LEASE; made and entered into pursuant to Division 6 of the Public Resources Code, Statutes of California, by and between the State of California, acting by and thro.igh the State Lands Commission, sometimes hereinafter called the State, as leasot, and

hereinarter called the lessee, whose mailinq address is: P. Q. Box 1~6~00~8~6;..,,.....~,..._~~~~~~~~~~~~ Sacramento CA 95816

That the State, in con.sideration of the royalti.es and rentals provided hereunder. as well as the covenants, conditions and aqreernents herein contained, does hereby lease unto the las see that certain parcel of land. hereinafter desiqna ted as the "leased lands." situate in t?le counties of Sacramento and i"ulo, State of Californi .. , and more particularly described in Section 3 hereof. ·

l. This lease shall cornm~nce on the first of the month following ·.:he month in whict\ this lease is executed by the State, which date shall bs hereinafter referred to as the "effective date of this lease 11 and shall continue for two years, unless sooner terminated as provided below. The lessae sha 11 have Che option to renew this lease for one successive period of two years upon such reasonable terms and conditions as may b:! prescribed by the State, including but not limited to, modification of the royalty or ren~al provisions. or any other provisions in a manna~ which, in th9 opinion of the Star.a, will adequately protecc the interes~s of tm:z State.

2. Tho lessee at&al l hava the r iqht to remove sand and qrdvol !com the leased lands. No other minerals of any kind shall be removed without the further exptess consent of Less~r.

3. Additionally, Lessee shall i:ernove the navigdtional hazard · identified in Exhibit 11 A 11 as necessary to attain a navigational depth determined by the United States Army corps ot Engineers. such hazard shall be removed during t:he first thraa months of this ~ease.

CALENDAR PACE

w 23828

4. Pursuont to the Commission•s delegation ot authority and the State CE:(lA Guidelines (14 Cal. Adm. Code 15025), the staff has preparer.I a Negative Declaration identified as EIR No. 403, State Clearinghouse No. 86072111 attached as Exhibit 11 B 11

• such Neyative Declaration was prepared and circulated for public review pursuant to the provisions of CEQA. Further environmental documentation will be required to discuss uae of any disposal site proposed for use by the successful ~Jdd~r not identified in ND 403. Said additional environmental do~u~~utation. if required, will havo to be adopted by the State lands Com~1asion prior to the effective date of thi~ lease. The raining oper~ti.ons allowable under this lease shall be thoae doscri~e.j in said Negative Declaration and in any additional envir~nmental documentation.

;. The bond required pursuant to paragraph 17 of s~ct ic.., 4 is to be in the amount of $40, ooo. oo.

6. This lease consists of four sections and exhibits "A" and "Bil attached hereto and by reference made a part of the whole aqreement.

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CALENDAR PACE

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W 2362S

Section 2

C0'2SIDERATION:

Royaltias for the mineral resources produced or exr.racted are to be determined accordinq to the following formula:

Where

R • [O.lO W(Y)] B

P. • royalty in dollars and cents paid to the State.

B • bid factor of than l.O.

2.3 which shall be no leas

W .. weighted average lease quarter gross sales price, f.o.b. the dock. p£r cubic y~r.d,

Y .. totc:l lease quarter cubic yardage removed from the lease area.

The weiqhi:ed ·average sales price (WASP) per lease quartet shall include consideration of wholesale and retail sales _and is subject to approval a~:! audit by the State. The royalty rate for a lease quarter shall be based up-on the WASP for that quarter. tn place sales shall not be permitted.

The minimum royalty to be paid to the State for any lease year cball be Thirty Th~u~and Dollars ($30,000).

The first lease q~atter shall be the first three months f ollowinq the effective date of the lease and every three-month period thereafter shall be a lease QUdrter. A lea1e year shall be the first twelve (12) consecutive months following the effective date ot the lease and every twelve month period thereafter shall be a lease year.

All sales and production data are subject r.o audit by the State. Tho term "dock" as used herein is defined as the berthing facility commonly used by the lessee as the base of operations for the conduct of those '>per a tions permitted under the terms of this leasia.

~ll royalties sh3ll be due and payable to the St~te as provided in Section 4, Paragraph 2 hereof.

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CALE~'40AR PACE 195

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w 23828

Section 1

Land Description

All t!la t tide and submerged land in the bed of the Sacramento River between Mile Post 56.0 and Mile Post 58.0 in Sacramento and Yolo Counties, Califocnia.

EACEPTU1G THEREF .<OM any portion lyinq landward of the ordinary high water matks alonq the .ciqht and left banks of the Sacramento River.

PRF.:FARED DECEMBER 4, SHAFER, SUPERVISOR.

ENt· OF DESCRIPTION

1986 BY BOUNDARY SERVICES UNIT,

. .

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CALENDAR PAGE

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w 238231

Section 4

COVENANTS AND CONDITIONS

l. fil!f!fQ.g:

(a) The lessee shall have the light to remove only those mineral resoucce deposits from the leased lands as are specified in paraqraph 2 of Sectic~ 1 hereof.

(b) The State shall have the ri\j'ht to qo upon the leased lands for the purposes of conductinq surveys, tests, or experiments usinq any geological, geochemical, geophysical or other method. including core drilling, for determining the presence on oc in the leased lands of any na turd 1 resources including but not limited to oil, hydrocarbon gas, other hydrocarbons, and geothermal resources. as well as all other lflineral deposits listed in Public Resources Code Ser.cion 6407 (hereinafter collectively "mineral resoJJrces"), pi::ov)'ded that such surveys. tests. Ol; expe:riments do not unceasonably intarfere with or endanger lessee's operations ptrsu~nt co this lease.

( c) The .state sttaU /:lave the r _ght to issue additional non-exclusive exploratQry rights to conduct surveys, tests or expe~imerts usinq any geological, geochemical, geophysical or oth~r method, includinq core µrilling, for determining Che presence on or in the leased lands of any natural resource except taose listed in paragraph 2 of Section 1: provided that operations conducted pur~uanc to such eights do not unreasonably interfere with or endanger lessee's operations pursuant to this J.ear,e F~rther, lessee aqcees to allow all persons authorized by such riqh_s to enter upc.n the leas~d lands in order to conduct such surveys, tes~s or expdriruents.

(d) This lease is entered into with the agreem"'nt that t~s purpos~s are and its administration shall be consi~te1~t with the principle of multiple use of publi~ lands and r~so~rces: this lease shall allow co-existence of other permits or laases of the same lands for deposits of other mineral resources under applicabl~ laws, and the existence of this lease 1:thall not preclude other uses of this area covered hereby. However, operations under such other permits or leases or other such. uses shall not unreasonably interfer~ with or endanqer operations under this lease, nor sha l.l ~perations under this lease unreasonaoly interfere with the public easement for commerce. naviqation, and f ishinq or endanqer operations under any permit~ lease. or other entitlement for use i~sued pursuant

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fff w 23828

to the provisions of any \lther act. Nor shall this lease be construed as superseding the authority which any State department or agency has with respect to the management, protection. and utilizati~n of the State lands and resources under its jurisdiction. The State may presc.c·ibe in its rules and regulations those conditions it deems to be necessary for the protection of other mineral resources.

(e) This lease does not ccnfer upon the lessee any other privilege or right not expressly given herein.

.. ~- CONSIDERATION:

Lessee agrees to pay ~o the royal ties and rentals, ':Ii thout ueduction. as is further provided herein:

~tate the following delay or offset and

(a) Lessee agrees to pay the State, annually in advance. as rent. the some of One Hundr.ed Twenty-One Do l larg, ($121.00) per year.

(b) Operating royalties for the mineral resources produced or extcacted based on the formula. rate, or in the amount specified in. Section 2 hereof. which shall be due 3~id payable th.a ?.5th day of the month following the quarter of pi::oduction,

{c) tf the operatinq royalties for the mineral resour,~es produced and/or extracted and sold during any lease year i~ less than the minimum royalty set forth in Section 2, hereof, the difference between the total operating royalty paid to:: that yiaar and the minimum royalty shall be determined by lessee and shall be due and payable no later than the 25th day of the month, following the end of the lease year. tn the event th.?..t this lease is terminated for any reason during a lease year, the minimum royalty for such lease yea~ shall be due and payable no later than the 25th day of the month following the data of termination. The minimum royalty for such lease year 5hall be prorated on the basis of a 365-day year.

{d) Lessee shall keep accurate books and records of his operaticns hereunder, including all minerals extracted from tho l~ased lands, toqether with the cost of extraction of same and of Mining, milling, and shippinq thereof, and shall file ~ith the State copies of all sales contracts for the disposition of any and all minerals extracted fro~ the leased lands.

(e) On oc before the 25th day of each lease quartet, the lessee shall deliver t:o the State st~'i:~ments in tne form prescribed show: .:lq the work performed upon \!he leased lands va,1.11e \lf all iuineral resources extracted, produced, shipped or

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w 23828

sold therefrom during the preccdinq lease qua.tter. These statemente. shall b~ provided to the State ~ach lease qua.tter uqardless of wh'JtheJr any m.inera 1 resources were exti:acted, produced, shipped or sold or wnether any work was performed ~n the leased lands.

3. INTEREST AND PP.:NALT!ES:

(aJ It is aqreed bl'· the parties here:=to that any royalties or rentals or oeher moneea~y considerations. arlsinq under the ptovisions of the lease, and not paid when due as provided in this lease shall benr in~er~st from the day following the day upon which such monetary consideration was due at t~e rate of one and onP. half (1 1/2) percent per month until the dat. of payment.

(b) It is agreed by the parties heret:.o that any royalties or rentals or other monetary considerations. arisinq under the provisions o! the 1£ase. and not paid wnen due as provided in this leaGe, shall be subject to a five (5) ~ercent penalty on th-e amount of any such .coydl ties. .tencals. or other moneta.cy considei::ations arisinq unde.c the provisions of th.is lease.

(c) It is agreed by the parties heteto that. for the purposes of this Section, "royalcies or rentals or other monetary considerations. arising under the provisions of this lease. and not paid when due" includes but is noc ~imited Lo du¥ amounts determined by the State to have been due! to the Stace if. in the judgment of the State. an audit by the State of the accounting statement and records required by paragraphs 2(d) of Se~t.ion 4 hereof, shows that inaccurate, unreasonable or inapplicable information contained or utilized in the statement resulted in the computation and payment to the State of less ro7alties or rental3 than actually were due to the State.

4. ENVIRONMENTAL IMPACT:

The lessee hereby aqrees to conduct its mininq operations in accordance with. and to abide by the rules. regulations. restrictions, mitigation measures and alt ot~er measures designed to restrict, limit, modify, or minimize the anvironmental impact of its operations under this lease as set forth or discusaed in the environmental documentation described in par.aqraph 4 cf Section l hereof and on file ir the office of the State Lands Commission. 1807 - 13th Street. Sacramento. Califocnia, which envitonmental documentation is by reference made a part hereof. Lessee shall comply with any and all mod if icaeions of equipment and plans deemed necessary by the State to achiave the c!:iteria and objectivas set forth in the environmental documentati<Jn.

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w 23828

5. WASTE OF RESOURCES, D~.MAGE, LOSS AND LIABILITY:

Lessee shall use all reasonable precautions to p::svent waste of, damage to. or loss of mineral resources and wildlife on or in the leased lands, and shall be liable to the State foe any such waste, damage or loss to the extent that such waste, damage, or loss is caused by (1) the nPqliqence of lessee, its employees. servants. agents or contractors: (2) the breach of any provision of this lease by lessee, its employees. servants, aqen.ts or contractors: or ( 3) the non-comp 1 iance of the lessee, its employees, servants. agents or contractors, with applicable statutes or rules and regulations of the State provided, however, that nothing herein shall diminish any other rights or remedies which the State may have in connection with any such neqliqence, breach or non-compliance. With respect to any othec s~ch damage or loss. lessee agrees to indemnify, save the State harmless and. at the option of the State, defend, except in matters involving the State's title. the State against any and all losses. damages, claims. demands or actions caused by, a.cisinq out of, or connected with the operations of the lessee hereunder as are more specifically provided under paragraph 18 of Section 4 hereof.

e 6. SUSPENSION OF OPERATIONS:

In the event of any disaster or of pollution caused in any manner or .cesultinq from operations under this lease. lessc~ shall immediately suspend all operations except those which are cnrrective or mitigative and promptly no~ify staff of the State Lands Commission. such operations shall no~ be resumed until adequate corrective measures have been ta~en and authorization for resumption of operations has been given by the State. Further, lessee shall suspend any operations~ e~cept those which are corrective or mitigative. if the Stat~ determined that there is a substantial likelihood that continued operations could endanqer public health or safety or cause serious damage to pro~erty or the environment. such operations shall not be resumed until the State determines that adequate corrective measures are feasible. and have been taken to eliminate such substantial likelihood ar'd approves i:esumption of rperations.

7 • ENTRY BY STATE:

State, oc persons authorized by State, shall have the right~ at all reasonable times, to go upon the leased lands for the purpose of inspecting the sam~. for the purpose of maintaininq or repairinq said premises, for the purpose of placinq upon the property any usual or ordinary signs, for fi~e or police purposes, to protect the premises from any cause

-8-CAlENOAR PAGE _ _?.._.0._0...._ __

1

MINUTE P.\GE .13513

w 23828

whatever,, o.r for purposes of examininq and inspectinq at all times the operations of lessee with respect to improvements. machinery. and fixtures used in connection therewith. all without any rebate of charges and without any liability on the part of the State. for any loss of occupation or quiet enjoyment of the premises thereby o~castoned.

8. NOTICES:

(a) All notices to lessee or lessor herein provided to be given sh.all be deemed to have been fully qiven when made in writirtg, and deposited in the United States Mail. return receipt .requested. and postaqe prepaid. addressed as follows:

To the State:

To the Lessee:

State Lands Commission 1807 - 13th Street Sacramento. CA 95814

As set forth in Section 1 hereof

The addresses to which the notices shall be dlailed as aforesaid to either party may be changed by writ~en notice given by such party to th~ other as herein above provided.

(b} All notices to lessee herein provided to be given shall also be deemed to have been fully given if made in writing and personally served upon lessee or any officer rhereof.

{c) All payments specified in this lease shall be made to the State at the address provided in paragraph B (a) above.

9. EXAMINATION OF BOOKS:

Lessee hereby waives any and all rights and objections it may have to prevent an examinati,on of the books and records at reasonable times of any individual. association. or corpo~ation which has. transported for. or t~ceived ~rom lessee. any minerals extracted or produced from the 1-eased lands. Further. lessee waives any and all riqhts and objections it ma~r have to prevent an examination and inspection of the books and records at reasonable times of the lessee or of any such indi~idual. associ3tion or corporation with respect to such individnal's association's. or corporation's or to lessee's operations. improvements. machinery and fixtures used or in connection with the leased lands.

' -9-

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w 23828

10. WAIVER OF USE OF DATA:

(a) Lessee does hereby waive any statutory or other right or objection to prevent disclosure to the State or a duly authorized em~loyee or representative of the State of any info::mation. reports, data, or studies of any kind. filed by lP.ssce with any federal, State or local public agency relating to the leased lands, or any operations carried out in connection with this l~ase irresoective of whether such information. reports. d<Ha or studfes of ~ny kind contain sensitive or pr~prieta:y or confidential information or trade secrets. Any and all such information, reports, data, or studies of any kind filed by lessee with any federal. State or local public agency including all information filed with the Seate pursuant to any 9aragraph or section of this lease. shall be available at dll ~imes for the use of the Sta~e or its duly authorized c~presentatives for any pu~pose. Notwithstanding any provisions hereof, however. any infcrmation. reports, data, or studies obtained by the State from any public Agency and which are not public records shall be deemed to have been "obtained in confidence" for purposes of Government Code Section 6254(e} and may be disclosed to other persons only with the written consent of lessee or upon a de~erminatian by the State that such disclosure is in the public interest.

(b) Lessee agrees to supply to the staff of the State Lands ~ommission wi-i:hin thirty· (JO) days of the c,'.>mpletion thereof. oc the completion Of any ceco.r:ded portion ·thereof, all physical and factual exploration results, logs. surveys and any other data in any form resulting from operations under this lease or from any surveys. tests. or experiments conducted on the leased lands by lessee or any person or entity actinq with the consent of lessee or with informa-cion or data provided by lessee. Lessee agrees to supply to the staff of the State Lands Commission within thirty (30) days of the completion thereof, or the completion of ~ny recorded portion thereof, the results of all geological, ge~physical or chemical experiments, tests. reports and studies·. interpretive or factual, irrespective of whether the results of such tests, experiments. repor.ts or studies contai~i ssnsitive or proprietary or ccnf idential information or trade secrets. Lessee further aqrees that any statutory or other ri~hts or objections it might have to pr.event disclosure of any suC'h tests. experiments, reports or studies referred to in this pa~ag~apb 10 to the staff of the State Lands Commission are hereby waiired. Notwithstanding any provisions hereof. however, all data and documents supplied by lessee pursuant to this section shall be deemed to have been "obtained in confidence" for purpos~s of Government Code Section 6254(e) and may be disclosed to other persons only with the written cons~nt. of lessee or upon a determination by the State that such disclosure is in the public interest.

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ll. PRESERVATION OF PROPERTY, WASTE DISCHARGE:

Lessee shall ca.cry on all work neceunder witti due reqard for the preservation of tha property covez::ed by this lease and with due reqard to the environmental impact of its ope.cations in accocdance with the foll-uwing terms and CO'ldi ti<JQS:

(a) Lessee shall remove equipment and facilities within ninety (90) days after lessee has ceased making use Chereof. in its operacions.

c·b) All excavating and productio'l operations sh.all · be conducted in such manner as to ~liminate as far as practicable, dust, noise. vibration, ot noxio~s Qdors. Operating sites shall be kept neat. clean and safe.

(c) Pollution of tbe ocean and tidelands, rivers, lakes or other. bodies of water, and all impairment of and interference with bathinq. fishing, or navigation in the watecs of the ocean pr any bay or inlet thereof is prohibited, and no tefuse of any kind from any extraction or production activities shall be permitted to be deposit.ed 0~1 or pass into waters of the ocean, any bay or lnlet thereof, rivers, lakes or other bodies or water. without specific written State authorizatio~.

· (d) No permanent filled lanes. piers. platforms, or other fixed or floating nttuctures in, on, or ove~ any tide and submerged lands covered by this lease or otherwise available to lessee shall be permitted to be constructed, used, maintained, or operated wi~hout obtaining any and all permits required under appropriate State and federal laws, rules and requlations, or complyinq with all valid ordinances of cities and counties applicable to lessee's operations. or without securing the written permission of the State Lands Commission specifically authorizinq the activity.

(e) Dredging within a 200-foot wide corridor surrounding the existing pipeline operated by the City of Sacramento designated in Exhibit "A" shall be prohibited from September l, 1986 through April 30, l987.

(f) Improvements, structures, pipeline~. water developments, and other property of the State ~r other lessees or permi ttees shall be ptotected f.com damage and repaired or replaced by lessee when damaged by lesse~.

(q) Access to extraction or production sites by the public shall be controlled by lessee to prevent accidsnts or injury to persons or property.

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MINUTF PAGE

w 23828

(h) The above are in addition to, and not to b~ constrl.led as limitations upon, all other rules, regulations, restrictions, mitigation measu.t:es and all other measures designed to restrict, limit, modify or minimize the environ­mental impact of operations carried out pursuant to this lease.

12. ~XlSTING RIGHTS:

This lease is issued subject to all existing valid riqhts as of the date of execution hereof and such rights shall not be affected by the issuinq of this lease.

13. OTHER EASEMENrs AND INTERESTS:

To the extent of the riqht, title and interest of the State of California in the leased lands, the State shall have the riqht at any time during the term of this lea~e. or any extension thereof, to g~ant to any petson, upon such te~lli~

as it may determine, such easements. rights-of-way. permits, leases, ot othe~ interests in the leased lands, including easements for tunnels or wells bored through or in the leased lands af; the State may, in its discretion, determine to be necessary or appropriate, provided, however, interest~ whi~h unreasonably interfere with or endanqer . lessee• s oper·ations shall not be qranted. '

14. COMPLIANCE WITH f,AWS AND RULES: .. Lessee shall comply with all valid laws of the

United States and of the State of California and with all valid ocdioances of cities and counties applicable to lessee's operations hereunder. including without limitation by reason of the specification thereof lessee•s compliance with all provisions of the Public Resources Code. the Administrative Code, and the Statutes of California, the enforcement of which are not within the jurisdiction ot the State Lands Commission. Lessee further aqrees withoJt limitatiqn by reason of the specification thereof to comply with all provisions of r>ivision 2 and Division 6 of the Public Resources Code, S1:l:l~''-tes of Cali!ornia. applicable to lessee's operations hereunder, and with au rules and requlations as may from time to time be issued by the State, or by other State aqencies, applicable to the lessee's operations hereunder. Lessee also aqrees that in its employment practices hereunder it shall not discriminate aqainst any person because of race. color. reliqion, sex. ancestry or national oriqin.

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CALENDAR PACE 2 Q 4 ... - - -

MINUTE PAf.E 1...3 h Q

w 23828

15. WORKMEN'S COMPENSATION !NSUHANCE:

Lessee snall at ail times in any and all operations under this lease a~d in any and all work in and upon the l~ased lands, carry full ~nd com~lete Workmen's Compensation Insurance, covering all employees.

16. TAXES:

Lessee shall pay. when due, all taxes and assessments lawfully assessed and levied under the laws ot the State or of any political subdivision thereof ot the United States of America. aqainst any and all improvements, property or assets · of lessee situate upon the leased lands or ot~1er rights of lessee arising out of the lease.

17. ~:

Lessee shall furnish and shall thereafter maintain said bond in favor of tne State of California in the sum specified in ·paragraph 5 of Section l nereot to guaram:ee the faithful perf ocmance of lessee of t"he requir~ments. teems and covenants and observance of the conditions of this lease. and A of the provis.ions of the Public Resouz:ces Code and the rules v and regulations of· the State. - Said bond $hall be fully effective as of th-3 :.ffective date uf th.is lease and must be approved as to its sufficiency ilnd specific provisions by the ~xecutive Officer of ~he State Lands Commission, or her desiqnee, prior to the execu~ion of thi5 lease.

le. tNDEMNIFtCATION:

To the extent hereafter provided lessee ~qrees to indemnify, save harmless and, at the option of th~ State, defend. excep~ in matters involving title. the State of California. its officers, agents and employees against any and c?ll claims, losses demands. C3lises of action, or liability of any kind which may be asserted aqainst or imposed upon the State of California or any of its office.cs, agents. or employees by any third person or entity arising out of or connected with o~erations hereunder. or the use by lessee or its agents. employees or i:ontractors or the land. Without limiting the generality of the foregoing. such indemnification shall include any claim, loss, deruand, cause of action or liability of any kind asserted against or imposed upon the Stat6 of Cali!ornia or any of its off ice rs, agents. or etdployees arising out of or connected with any alleged or actual violation by lessee, its agents, employees or contractors of property or contractual riqhts ot any third person or entity. This provision shall not be construed so as to require lessee to indemnify the State for

-1.3- CALENDAR PACiE

w 23828

an1· alleqed acts or negligence or °'ther wrongful act of the Sr.ate or any officer, ag~ncy or employee thereof, except to the extent that such negligence or other wrongful act is alleged to consist of the issuance of thi~ lease. or the adoption and enforcement of the provisions set fo~tn in the lease or in the rules and regulations in effect at t~e time of the issuance of this lease. or in any allegec failu.re of the State to adequately enforce any such provisions4 p~ovided further that said indemnification shall be limited as follows:

-(a} That the foregoing indemnity specified in the

lease and regulations is not intended to nor shall it be construed to require the lessee to defend the State's title to mineral resources and that in ~ase of litigation in~~lving the titles of the lessee and the State, lessee and the State will join in defending their respective interests, each bearing ~he cost of its own defense.

(b} For the purpose of satisfying any judgments. settl.ements. claims. or liabilities for d~mages or trespasses to land or mineral resources resulting from a judicial determination that the StatP, h~s no title to the land or mineral resources in the 113assd lands and that the owner thereof is entitled to payment for resources ·extracted ·under ·the lease, this indemnification will be limited to any State liability in excess of the monies recP.ived by the State in the form of royalties or other payments. as owner of the minera.l resources. including any interest actually eacned theceon.

At the option of the State. lessee shall procure and ~aintain liabilitz, property damage or other insurance ~or the benefit of the State in an amount satisfactory to the State.

19. BREACH. SUSPENSION OF OPERATIONS. AND CANCELLATION:

In the event of breach by lessee for failure to comply with any of the teems or provisions of this lease, or with any of the regulations or laws applicable thereto and in force during the period of the lease. the State, by written n·otice, may suspend operations allowable under this lease. In the event of such a breach by lessee, the State may also, ane in addition. declare a forfeiture and cancel this lease after ninety (90) days written notice and demand that lessee comply with the terms and provisions of this lease or with the laws or regulations applicable thereto. Any su~~ w~itten notices shall particularize the grounds tor any suspension or cancellation. In the event of suspension. operations may not be resumed until the breach is cured or the State, in writing, authori.zes a resumption of operations. In the event of the r.ance11a·tion of th'is lease. lessee shall comply with the restoration. reclamati~n and removal conditions specified in paragraph 27 of Section 4 hereof.

w 23828

20. WAIVER OF BREACH:

The waiver by the State of any default or breach of any term, covenai1t or condition shall not constitute a waiver ot any other default or breach whether of the same or any other term, covenant or condition, regardless of the State's knowle~qe of such other defaults or breaches. The subsequent acceptanc~ of monies hereunder by the State shall not constitute a waiver of any preceding default or breach of any term. coven.ants or condition, other than the failure of lessee to pay the particular monies so accepted, reqardless of the State·s knowledge of such preceding default or breach at the time of acceptance of ouch moniesa nor shall acceptance of monies after termination constitut~ a resinstatement. extension, or renewal of the le-ase or revocation of any notice or other act by the Stata-

21. SOLVENCY:

In the event that lessee at any time during the term hereof is insplvent under any of the provisions of the Fea~tal Bankruptcy Act, or makes a voluntary assignment of his asstats for the benefit of creditors, or is adjudged a bankrupt, either upon 1 es see• s voluntary pe-ti ti on in bankruptcy, or upon the A involuntary petition of ressee•s creditors,· 0£ any of them, or .. should an attachment be levied or permitted to remain for any unreasonable length of time upon or against the interest, rights, or. privileges of lsssee in or to any mineral resources extracted or extractable from the leased lands, then: upon election by the State, all of the inte~est, rights and privileqes of lessee in and to all mineral resources extracted, produced and saved from the leased lands by reason of lessee's operations thereon. shall terruinate upon receipt of written notice from the State advising that the State has so elected. tn su~h event the State shall have, and lessee, by the acceptance herP.ot, hereby gives the State the rigr.t, optlon and privilege to cancel and terminate this lease and all of the terms and provisions granted hereby, and all of the riqhts and privileges of lessee in and to or upon the leased lands and in any to any mineral resources extracted, produced and saved from the leased landR by reason of lessee's operations thereon, and all of lesaee • s rights ~nd privileges granted by this lease shall terminate immediately upon receipt of written notice from the State that the State has so exercised its option.

22. ASSIGNMENT AND SUBT.ETTIN~:

Lessee may assl~n or transfer this lease or any interest therein and may sublet said land or any part thereof, as pcovided in Public Resources Code Section 6804, to any

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MINUTE PAGE

207 1363

w 23828

person, association of persons. or corporation, who at the time of such assignment, transfer or sublease possesses the qualifications required of lessees by Division 6, Part 2, Chapter 3 of the Public Resources Code, subject to the prior written consent of the State. such written consent to ~n assignment, transfer, or sublease may be conditioned upon the al terinq, chanqinq or amendinq of this laase, as is deemed to be in the best interest of the State. The consent to any transfer of any interest in this lease shall not be deemed a consent to any subsequent assiqrunent, subletting, occupancy or use by another person. Any assignment, transfer or subletting without such consent, whether voluntary or by operation of law, shall be void and transfer no rights to the purported tt=rnsferree: f1....:thec, any such attempted transfer shall be a breach of the lease and shall at tha option of the State terminate this lease. However, the above provision shall not prevent lessee from subcontractinq parts oi the work to be performed without State approval so long as lessee remains responsible to the State. Upon approval of any assignment, transfer or sublease, the assii;nae, transfei:ree or sublessee shall be beund by the terms of this lease to the same extent as if such assignee, transferree or sublesstle were the original lessee, any conditions in the assignment, transfer or sublease to the contrary notwithstanding.

23. OVERRIDING ROYALTY:

No overridinq royalty involvinq p.ccductioi;. from this lease shall be permitted without the written authorization from the Stata Lands Commission.

24. SUCCESSORS:

The covenants and conditions herein contained shall, subject to the provisions of any assignment, apply to and bind the heirs, successors, executors, administrators and as~iqns of all ~f the parties hereto: and all of the partiea hereto shall be jointly and severally liable hereunder.

25. MODIFtCATION OF LEASE:

Whenever it appears to be in the public interest, the parties hereto by mutual aqreernent in wrltinq, may alter or m~dit1 the terms of this lease, or may terminate the same, with such adjustments and for such considerations as may be fair and equitable in the circumstances.

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CALENDAR PAGE ~-2._Q.,.8'---­MINUTE PAGE L3 6 ~

w 23828

26. QUITCLAIM:

Lessee may at any time make and file with tl~e State a written quitclaim of all riqhts under this lease. such quitclaim shall be effective as of the date of its filing, subject to the continued obligation of the lessee and his surety to make all payments of all rentals and royalties therefor a~crued and lessee will immediately and at his own expense and ri&k, salvaqe and remove all structures erected by lessee and restore the land as nearly as possible to the condition existinq at the date of execution of this lease wi·th due care to carry. out all obligations imposed by this lease. No such quitclaims sboll release lessee or his surety from any liability foe breach of ~~Y oblig~tion of this lease with respect to which lessee is in detault at the time of the filinq o.f such quitclaim or relinquishment.

27. SURRENDER OF PREMISES:

If lessee is not the surface owner at the time of the expiration of this lease. or sooner termination thereof, the lessee shall deliver "JP and succender possession of the• leased lauds with all improvr;ments, struct •res. and f ixt.ures thereon in good order and condition; alternatively, and at the .. option of State and as specified by State, lessee, who is not W the surface owner, at the expiration of this lease, or sooner termination thereof,. shall deliver up and surrender possession of the leased lands after removing all or any; part of the improvements, stcuctures and fixtures and other thi.ngs which hav9 been put upon the leased lands by lessee, removing such of the same as shall be required by the State within ninety (90) days, and otherwise re~tore the premises and replant those areas desiqnated by the State with due care to carry out all obligations ~mposed ~Y paragraph 5 of Section 4 of this lease.

28. FORCE MAJEUEIB:

The obligations imposed upon lessee by the provisions of this lease may be suspended during sucn time as lessee is pravented from complying therewith by war, st:ikes, riots, acute and unusual labor or m, iterial shortages, acts of God, or bi' such oth~r extreme and unusual conditions which are beyond th& control of tha lessee.

29. IJME OF ~SSF.NCE:

Time is of the essence in this lease.

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e w 23828

30. RET,ATIONSH!P OF THE PARTIES:

The performiuq obligations arising under this lease. it is understood thar; this lease does not constitute, and the [l~rties heret'o de not intend it to create among the ~arties or their succ~ssors in interest a partnership or joint venture or the relationship of master and servant, or principal and agent.

3l. SE~RASILITY:

!t any provision herein is judicially determined t~ be invalid, it shall be considered deleted he.refrom and shall not invalidate the remaining provisions.

32. POSSESSORY INTEREST TAX:

Le&'3ee recoqnizes and understands in accepting this lease that his interest cteated tr ... 1rein mily be subject to a poosible Possessory Interest Tax that the city or county may impose on euch interegt, and that such. tax payment shall not reduce any rent or royalty due the Lessor hereunder and any such tax shall be the liabilicy of and be paid by the lessee.

33. CAPTIONS:

The captions in this lease are for convenience only and are not a ~art of this lease and do not in any,way limit or amplify th~ terms and prQvisions of this lease.

This aqrl!'?:'.ier.it will bec~me bindinq on the State only when approved by t,'le .~t~·te LandP Commission and when exel:nted on the behalf of thie C·.:>mmission.

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CAl.cNDAR PAGE 2 1 Q MINUTE P1\<iE 1 3 6 Q

"

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IN WI'I:NESS WHEREOF, the parties hereto do execute thia lease.

Date

Date

CORPORATE SEAL, if corporation

0734L

STATE OF CALIFORNIA STATE LANDS COMMISSION

W. M. THOMPSON, Chief Extractive Developm&nt Proqram

LESSEE

By:

TitlG

Address

City and State

CALENDAR PAGE ~2_.1_1"----MINUTE PAGE 1 3 0 7

·~!?' !~-:";·,:. ·~:':,:l:.·~:,:;L.

£iARGE rJA1A1 ,/I -----

V7~1 DREDGING AREA

Scale: I"= 2000'

Ex.istlng Pipeline (Approx) 200' Corridor

PROPOSED DREDGING PROJECT

~ WEST ""'""'"""'""' SACRAMENTO \l

-1· .~ \ ~ J

No Scale

VICINITY MAP

EXHIBIT"~' LEASE FOR E!<TRACTION

N

OF I ' MINERAL RESOURCES l W23828

SACRAMENTO RIVER SACRAMENTO/YOLO

COUNTms

.. I) 12/11 •

-,....~ . ,,.. . . . . . .. '

'·... • ~ : 'l "B"

- . ... _ --

EIR !ID

- - ........ ~ ..... ~ .... ,,.,. ..

FU<:s Ref.; W :~:923

SCH#:

Title: Dredging Permit Wit.h Ccmnercial Oi:;posal of Spoils • .... Proponca t: r·;ternation~ l Miner a 1 Services, Ltd.

Project L.Qcatioa: Tide and sui:merged lands in. the Sacrc:mento River near Miller Park, Sacramento and Yolo Counties.

Description: Dredge a maximum 500,000 cubic yards of material annually for two years to improve navigation. The spoils will be piaced

; on the adjacent upland Sacramento-Yolo ~rt Oi:;trict spoil site S'lhere it will be dried, processed and screened for ccmnercial sale.

COQcact Pers0t1: Lind::J Hcirtinez Dredging Coordinator

·.:. ~ .... ~~-.

... ..

'""'- ..... ... ·i':': ••

Telapho~~: {916) 322-6375

Thia document ia prepared pursu.mc to the tiqu1.ro•nta of ~. California Eaviroo~tal Q~lit7 Act(Sec:tioa. 21000 et Hq. • Public Ra.oui'cee Code), the ~t•t• CEQA Guidelinea(Sectioa 15000 ct Hq., Titla 14, California Adadaiatratift Code), and tbs State Lands CormU.HiOl\ re­gulatiou(Sectiou 2901 et Hq., Titl• 2, Cdlt'1:fiV.1.a- Adad.autrQ~va· Code) •

• • • ~t ~ • • ....

?IU•d upon 'J:he attached Iaithl Study. it hu baen !au.ad thae:+:':..;.· .. ·

/!f[ cha project will not have & significant •lfacc CG the eavironmen.t •

. """ meaa~res included iQ cha project 'w.£11 avoid poeeneially aiga!f!c~nc effacca •

..:.:. ,

~lENOAil PACE

MINUTE PACE

.:·1t!for'OLcl R!:g1r.-rr . .Jl Water Quality control Soard - Central Va!ley Regi~~

1. Comnent:

~nat are the expect~d production rate and operation life figures. Th~r~ is a discrepancy between r:.hose shown in the u. S. Army Corps of Engineers· Notice and the application submitted tc the Board. There is also a discrepancy .bet.ween tne are~ proposed for dredging shown in the Corps Notice and that submitted ~o the Board.

"EPA Form No. 2c (for NPDES1

discharge) inclllding discharge estimates in units of mil lion gallons per day must be sut:rnitted to the Board. Response:

An uEXfated application has been su!::mitted to the Board containing information consistent with the applic~tion submitted to the Corps and the Std t.e I.ands Ccmnisslon.

2. Ccament:

Heavy metals dnd/o~ to;:ic ccrnpounds may be present in sediments along the proposed l.'each to be dredged. Support.ing data and resulting conclusions as to the ~xiste(lCe o~ C!bsence of such contaminants should be submitted. · . Reseonse:

f.our sand sauples were taken frcrn the proposed dredging area and submitted by the appHc:ant to Skyline Labs for analysis. The report, which has been ~ubnit.ted lo lhe Beard, shows the sand to contain no abnormal levels J)f contaminants.

3. ComneAt:

4.

Stream.bed disturh~nce and dredge return flows may cause increased turbidity levels in the Ri\'"'r.

Response: . .

The sand wil I be re·noved from the river with a suction dredge Miich 1d 11 minimize turbidity :mcreases. All necessary precautions will be taken to see that the max.unum increase in turbidity above background levels will not exceed 25 Formaz1n Turbidity Units measured down current fran the dredge.

Ccmnent:

AqJatk·-life or habitat may be adversely impacted by changes in water quality and riverbottom characteristics. Dredging cperations may also imp:>se a significant. risk to Ciq'.?at.ic life during periods of spawning and migration.

neseonse:

Cnly the sand that has been Wushed into the river wil 1 ~ removed down t.o the original riverbed. No water or dredgings will be uischur9ed directly back into the rtvP.r but w111 instead be piped to the disposa! site where the sar.d wil 1 be c:!ewatered. 'fhe water will be sett.led before being rec.urn·~ to the r:i'(:J>r. No treatments or additives w1l l be placed into the ~~tPr. ~~~n1ng w1ll bP rrot.f?Cted by thP. timr:? constr~ints t~l"}O~'::'fi nn the or1)J•~:t by :r:~ f.'i:ip..1rr:r.em. of fish und Game through 1 ssua of c'l :;t.C'eamb:d • • a • • --: ;·-~HI

-i-

5. ':c;r:ro11nl: ~hang~s ln flow velocities and erosion/depositi~n rates may result frr.m .4lllli. alterir.g the geccretry of the river channel. ~

neseonse: Only the sfir.d tpat has been washed in by flooding wil 1 be removed, thereby restoring the river channel to i-ts d~signed geometry and improving its natural flcM characteristics • .. ...

~r of Sacra:nentq

1. eomnent: The applicant ~hollld seek appropriate permits from the City of Sacramento ar.d Yolo County. ~

Response: . The aE=plicant has applied for a Use Permit from the County of Yolor and has be?n infoi:rned"that a "Special Permit" is required fran the Cjty of Sacramento in accordance with Section 23-C-2-F (Open Space) of the City's zon;nq Ordinanc;::e.

-' 2. cc:mnent: The proposed project. should consider protection of the ripar~an vegetation at the. spoil site.

Response: • The spoil site plan h.?..s been rocdified to avoid disturbance of vegetation. .a The containment. basil' wil 1 be 1.in:iited te: the sparsely vegetated t-.re.stern ., portion of the disp..._'"'Sal site.

3. ccmnent: Dredging operations may pose a siqnif icant risk to aquatic life d•Jring periods of fish SP?wniog and migration.

Response: Fish spawning will be protected by the t.ime constraints imp:Jsed on the project by the Department of Fish-and Game through issuance of a Streambed Alteration Permit.

4. ccmnent: Cc:mpli.ance with th:3 california Surface Mining and Reclamation Act is required.

Response: •. The applicant has been i11formed of the r£-quirement to contac~ the " California Mining and Geol~ Board regarding subm1ttal of a mined larvl reclamation plan.

£ity of Sacra~

1. Cormen~ Consideration should be given to the potenLial conflicts ~f o~ration between the proposed project and the City's dredgl:ng of th"': ML l ler Park Boat Harbot'.

Reseonse: ¥ause of the time constraint.s imposed on the applicant by the Department ?~ l· Lsh .ind fiame to ~rc:itect. fish spawninq activity, it is ant.icipated ··"!"·" •..;1 11 :~.:- n!" -~·nt· l H~! hPt •.·::•on th•" tW'l nro1ar.'t ~.

2.

3.

".:t-:4ITTP-nl : The pt·oposeu pr•'J~=t. rncludes dredge d1schacge t..:> ·.he pror.osed :;;p~ i..1~ prccessi.r.g plant ar.d ·,;ater discht:1rge back to the nver at scme FOLilt t.o the south. There are only t"-0 ?Jlnts at this location in the levee ~tiere there are discharge facJ.lities. One is a 16" ptpe through the le·;ee to the Port of Sacra~~nto site. The othe~ is a discharge line f~cm the Corps of Er.g1neers' site AlOO. Both of these discharqe lines will be utilized by the City's project . . .. Res~nse: Sta ccmnunkat.ion with the Sacrament<.:> Port District. Chief Engineer indicates t~"·it negotiations have been underway and are continu1ng regard1ng the Port' s . .l~asing Ule1r property a long the Sacramento River sout.h of the loci< to Intlt~nat.ional Mineral Services. Such lease !t.Ould include use of anlC discharge [Jipes on the property LIJroU<Jh the river levee. The applicant is not proposing to use the ~orps' site or pipeline.

Carment: There are stdct water quality n?qUirement.s for tl)e City's project dictated by the State Water Quality CQntrol Board and by the State Department of fish and Gasrie. The City's contractor will have to expP.nd significant effort to assure Uiat the project. does not adversely impact waler quality. Therefore, any operation occurring at the same t.1me ln the same vicinity on'lhe river will make it very difficult if not impossible to determine •11ho "is resp:msible for any adverse impact on w~ter quality.

-Response: . , The appllcant has applied for permits from the Department. of fish and Game and the Hec:Jional Water Ql.tality CiOntrol Board, and will f':lllY ccmply with a 11 requiri:ments specified by t:!>~-S~ figencies.

4. Cc:mnent: Consideration should be given to potential impacts on water quality.

Response: The proposed project will be done in strict compliance with the sr.ecifications established by the ~egional Water Quality Cc•nt.rol Board.

5. Carment: The depth and char~cteristics of any possible aquifer system underlyin~ the project site should be discussed •

.Response: Only the sand that has been washed intc lhe river wi 11 1:e reroved down to the or1ginal riverbed, thereby restoring the river channel Lo its designej gecmetry and improviny its natural flow cr,aracteristics.

6. Ccnment: Potential effects on fish·~nd wildlife should be ~nalyzed.

Response: The disrJOsa l site plan has been mod1iie<l to avoid impacts on vegetat.lon, and the ~pplicant will be required to comply with requirements lmposed by the C>.:partment. of Fish and Carie througt'; issuance of a Slreambed Alteratio~ Permit. ~~

--1-

7. Ccom:-nt:

The project's consistency with the City's Ganeral Plan ~honld be ausess~. Resconse: The applicant ha·.5 applied for a Use Permit. frcm the County of Yolo and has been informed of the requirement. to apply lo the C.ily of Sacramento for a "Special Perfi'lit.11 in accordam:~ with Section 23-C-2-F of the City's Zord:.g Ordinance . . ..

8. Cannent:

Consideration should be g~ven to an assess1Tent of Ute project. site'~ historical and archaeological re!fo11rces • .....

~ Respo11se:

The Office of Historic Preservation and the Na~ive American Heritage Carmission had no adverse comnent.s on the project.

CALENDAR PACE

·.

.....

INITI.·'L ST:JOy Intcouuctlon

International Mineral Services, Inc. has submitted a rc4uest Lo remove d maximum SOO,ooo cubic yards Of material a nnu.i I I y f ·>r L wo Ye<>r s from the Sacramento Ri •er near H 11 le r Park, Sa~ ~mento and ~olo Coun~ie~.

A . a ling dre.<lge wi 11 be utilized to remove the materia I from the r;·-~rboltom and deposit it on the adjacent approved Sacramento-~Jlo Port District spoil site Where the st9ckpiled sand w i I I be dried, proc'essed and screened for commerc ia I s a l e .• A?proximat.ety 2,000 cubic yards Will be processed daily. The sand deposi~~ will be dredged •nd disposed of using barge mounted equ1pment. No dredging will be performed within SO feet of the toe of Lhe levees·on either side of the river. The east side of Lhe spoil site Will be used os a settlini pond for excess silt bearing water. After precipitating the silt out, excess water will be discharged into toe river.

Mill~r Park and the r-s Freeway are located between the beginning and ending points of the proposed dredging on the east side of the. river. On the west side is a commercial-light industrial area,. the barge canal, Sacramento-Yolo Port District opoil site, O. s. Army Corps of Engineers spoil site, and ogricultural-residential land. Some areas of the east Side of the river are heavily wooded on the bank with cottonwoods, o.1ks,_ and wi! lows. The only area on the west side vegetated Wilh·Jarge trees lies between the river and the commercial­indusLrial are9 al the upstream limits of the proposed dredging. Since dredqinq Will not be done within SO feet of.the toe of Lhe levees; no Veget.a lion Will be disturbed.

. ..

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C\lENO°'R PAGE

MINUTE PACE 21 a -

•

,. ..,- ,, ,1 ',~. ,.;> •, ~.< -..I

., ·-,~ .. :.\ ~ '~~ . ', .,'i

.'" ' i'I ~ 11 ,-

.~~--~-·~~~~~~·

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0 ' ' .,.)~"~~·/,::6~·.:;':· ;, .. ~le~' '1f,'• I " '·~lt

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r n • ~t )// ,-&11*"~iW!j'"e1w1 M i --~

WEST

BARGE' CANAL

.•. ..,,

/1t . ? /_Q:· -~ Q:" _,

. W/?23 DREDGING AREA.

Seal&. 111= 20001

• e ~&:j/'i'(L+t\liJW IC .. 'f'W\.,...._.__ ,._

PROPOSED DREDGING PROJECT

·1~

WEST SACRAMENTO

@ ..... 10 ~en frol't•''o

i ~

No Scale

VICINITY MAP .__.._·•c:•-•n·s~ ....

EXHIBIT 11~' APPLICATION FOR OREOGll'l INTERNATIONAL MiNC:RA

SERVICES (JiPPLICAHT)

W238Z8 SACRAMENTO RIVER SACAAMENTO/'IOLO

COUN.TIES

: ~ .'., ~.. ·~,:~t~ .:;·.~ .· 7: . ", . , .. ·.::: ·<~·: : ~;~ .... ~·: ,~_,,_,. ,:.;._ -~ .<· V:<<' ; ... :·: .: ~:: ·-,· ~ .. ::. :_-... ;.:.. ··; .. '.::;., .:·~ :-: . I ·; ·,

( ·1r ' • ._.. ·r S"'•' ··i::··· C'IEC" 1 ISJ run II . ·:v111ui:M • ,,L ~: .. r- •• c ,, ... :............. • .:-... . - · ' I ~ .. n• I :o r l ··::I

I. DACX:GilOUNO INFOAt.1A TION

eA. ;\pJlhCJlll. In l~~ .. ,~J...ion~ 1. ;:ii "~-~~.l S~r.'!_ic~.~

p, 0._.~,<?X !§2~79---··-·--~ Sa~ramen.\:Q .. CJ\ _9~(Jl§ ___ _

•. A.tt~n ti,gn: ... N~.d. ~.:- Wgrk'!li!.n .. __

B. Chr:cklisl Data: --~L 45 /. 8_6:· •

c. Co111.1cl Pcrsori: • r,_i1J.9a. Ma.~!:-~n~_z, Qr~c;19.!1)9 c;oq£9_;na~o_r ----·----·----· Tclr:µhone: ( __ 9 l q _t,_3 ~.2-.6_3 7 ~- . •

·D. Pur(Jose: .Dr~~ge.,._m_at;,~r~~l._fqr_comm~r~iat ;;~le .and ~nhancement of n~yi.St<!.t;i.C?r.!. ~

-: --~----·-·-·---····- ·-··- ·----·----e. Loc:oition: Ore.d9ing __ .r!iJ..Lqe_.P~!;f,q~.1J1.esL ,!n_!;l:\.~ Sacramen_t_9_Biver betw~en Hi le _

56. O and Mj,_l~ ~-~ •. Q.1 .ne~LM.iJJ.g.r._e_~rt<J_~acramento and Yolo_£2llnties.

F. Descrip11011: Dred_ge_ q .1i1ax:·.mum 500, PQO_ cu • __ y,Pl] ~-c;:i...f._!'Q.C!_l;_~~!,a 1 jnn~~lJ.~_fQ£_~_Y.§?~;

uti 1 izing. a._.f .lqati.ng_ QZ:e!::lg.e_. __ TJl.~ ~p_g_u_mateJ;:j._51_L,~i 11 be deposi_~~-d __ q_p_ . "" the Sacramento:"'lo.lo Po.z;t Dis.t .• .,: sg.Q.i,lJ..l.f;.~-9.t_X..olo County /\Plf 09-36P:-_Q..3ji_

G. PersonsConlacted:. B.9-Q. M..~e.e.~."- .O.ep.ar.t.mS!l'\~_c;>f_ .• f..~..h.-qruL~q,f!l.e; Bob Cl~rk.L....._ ___ -··

C. S ._ A)':'my C.oz::p~ 9.( E.ng .i,,nee.rs_,. . . . ·-- ·----·----------­l'ermi.ts :-~!.1.tll~r.i.~.i!:!~.J:J1g P..r.Qp.Q~.~d _er_oj~~.t_~ cu?="ren t 1 v bei na ?roce:_psesi QY_t.ti.e .. :Q.. __ $.! __ /u:_mY .. G.9.rP.§._Q_f:_ ,5:!!9..,ineers. California _______ _

Rcgi.opal, W~.tg~,_Q~~l~~y_~qpt;.z.:.ctL BQ.a1;'.d_1_~:'1d California Dapar~,!ll: ___ _

of Fish and Ga~e. - . .. ·- ··-······--·- ------··--·--·-- ·---·------------------· - . ·- -· ··---·--·-· - ------- -·--· .. -·--------·----------------... __ .. _____ ·----· ·- --·- --- -.-- --·

---. .. _____ ----- ...__ - .... --. .. - -·- -·----··-·-----·---···--·----------·-----------------------

ff. ENVlnONMENTAl. IMPACTS. (Expl~in 01/l "y~s .. and 'in•ybc" annwn·J

A. /;emit. Will the proposal 1esul1 in: -L Unu;iblc earth c:on;li1ions or ch01nocs iu gcoiog1c subslructures1 •••••••••••••••• , • , • • • • • • • • • • • 0 0 ()2 2. 01Jru1111ons, dis11l.:iccmc111s. c:omp.1c1ion, or ovcrcovr:rin9 of che ioil? •••• , •• , • • • • • • • • • • • • • • • • • • • &] 0 0 3. Ch.1119c in llll>O!)r;iphv or 9round surfl cc relief fc:uurcsl .••••••••••.••••••••••••••• , , • • • • • • 0 0 lif '1. Tl1r: ilct:rur.1ion, cov1m119, or mot11fic:: 11c 1 nf .my umriuc ocolo!J•C or 11hvuc:.1! fc:iturr:s? •••••••••••• , • 0 0 (;.] 5 Any 111c:rc01sc in wind or w;ircr erosion t1f ~oils, c:11hcr on or oH 1hc s11c? •.••••••••••••••••••• '. • • • 0 0 ~

~. ii. Ch.111(1:1 in dc:11n~111011 .;,r l!ro~1on of bc:ich s;intJs. 01 ch;1119es in s1llo1lion, dcpos111nn or .:•osion wh1-:h m;iy W 111uiJ1l'f lh1: r.h.inm:I of .i rivi:r or suc;:iin or 1hc heel of lln: occ~1 or ~nv b;:iy. inlcr, or l;ike1 • • • • • • • • • • • • 0 0 C

7 ~J.1•ns1111: ot Jll 11co11le 01 :Jto11cr1v 10 9colo!J1C h;uJ1ds u • .:h ;1s cJrlhqu;ilccs, fandslidi:s, ~i.;lslidcs, ground ··•:l .. 11:. 01 s1111,1.,, 11.11J1ds?. • • • • • • • • • • • • • • • • • • • . • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 0 0 ~

CALENO~R PAGE

1 1 •.: C••:J:.1•t!,. ul oh1•·~hun ur.c •"""''''

•. 1 1\1:.-;1.1:,,..,, nl ,,, rnov1•111..,.•1 "''''~11. 11• "' 11·m111•1Jlutl!' :11 .111y ch.1m.N 111 chn:J1c. c11hcr r.~r.:ill•t or rcgron.::.lly?; ( j. [ '] !.:•a - . .. C. 11'1111·,. w .. 1 1111: :uo11u~.i1 rcs1111 "'

t Ch.:11·•••~~ 111 1hc cutrcn1s. or 1hc co111sc ur clrrr.crinn of wwrcr muvcmr.nu. 111 r:11hc:r manne or fresh warcrs?

2. Ch.in!."'S '" ~hsorrwon roi1cs. dt.1rn:J!)•' p.lllcrns, or the r.:ite ""d .lmounr of surface woiter runoff?. , ••••••• Q r·1 c-1 DO~ 0 0 l'ff' 0 0 ~]

:J. Al1er.u1ons ro 1he course or flow of II nod woircrs i . .... . . ............................... . ~. Ch.lnlje iri 1he amount of sur f:Jcci water in any waler body? •••••••••••••••• , , ••••••••• , •••• ,

S. Cisch.:ur,c into surface H.Ucrs, or in any al1era11on or surfoce waler quali1y, including bu1 not limited lo tempcr:itur~. dissolved c xygen or lurbidicv?. • • • • • • • • • •••••••• , •••••••• , ••••• , ••••••

•* ....

6. Altetoilion of the direct on or rate or flow of ground w.Jters? •• : •••••••••••• , ••••••••••••••••

7. Chilngi: in the quantity or ground W.llers, ei1~er throuok direct adcJirions or withdrawals, or through inter· ccprion or •n oiquiler b•f cuts or exc>1voi1ions7 • • • • • • • • ••••••••••••••••• , ••••• , •••••••

8. Subsraori.11 reduction li~Ji: amounr or wirer u1h11rwise oivoi1lallla for public water supplies? ._. •••••••••

9. Ex~osurc af people or promirtv to woiter·rela1ccJ hazards such as flooding or tidal waves? •••••••••••••

10. Sigroific:1n1 cl'l:ifl!lcs in rhe tem1i.trature, flow or chemici\I conttnt of surrace thermal 1prinsrs?. · ••• , , •••••

o. /'/aut /.i/r-. \'!ill Iha pr~flOUI IC!JUll in:

1. Chanqit in the divcrsitv or s11ecies, or number of any species of pl1nts.(including trees, shrubs, grass, crops, tlnd ~q11:1t1c 11la11ls)? • ...........................................................

2.iflecluct1un of the nu;,lll'h or ;nv unique, rare or end:ingererl species of pl11rcts7 ••••••••••••••••••••

3. Introduction of new species of plants into an area, or in a barrier to the normal rephmishm!nt of exiiting species? ••••••••••••••••• • ••••••••••••••••••••••••••••••••••••••••••••••••••

4. Ocduc11011 j,\ acreage of '•111v l!]ticultur;il crop?

e. 1flili11ol /.1"fC'. Will the P!OPOSill result .in: ..........................................

QOO 0 D 6tJ [] [] g 0 [1 f;] 0 [) fxl D .[l fXJ •

0 Cl tel [1 [] kl

0 CJ ~I D Cl kJ

1. Cl!•n~ in lhl! diversity of species, or numbers or anv speciH of animoils (birds, land anim11ls incfudln9 tcprtlcs, fish and shi:llfish, ben.thu: oro:in1sms. or insects)? ••••••••••••••••••••••••••••••••••

2. Reduction of the numbt:rs of 0

.Jny unique, r:irc or craoingcrcd ~pecies of animali7 •••••• , •••••••••••• . .

3. rnrroduct•c:n or new sp.1cics of oinimoil: in10 ;in oirc11, or result in a barrier to the migratirm or-movement of

0 0 JI 0 [] &J

oinim.:ils? . • • • • • • • • • • • • • • • • • • • • • • • • •• • • • • • • • • • • • • • • • • • • • • • , • • • • • • • • • • • • • • . 4. Oei;:11n1;i11cn to exisrin11 fish or wildlife h.1biroit? •••••••••• : , •••••••••••••••• , • , •••••••••

F. N11i,1t•. Will the proposoil result in:

1. lncrr:isc 111 11xistin9 noisd levels? •••••••••••••••••••••••••••••••••••••••••••••••••••

2. Exsxrn11e or people tu SUVCIC noise levels?

G. l.i.,!11 &nil C:l111t'. Will tho propos.ll mult in·

1. Thr: riroduc11on of new li!jht or glar111

H. /.mul tfJ,.. Y/oll the proposol result 1n:

•••••••••••••• i •••••••••••••••••••• ~ ........ .

............................................... -1. A su1Jmm11.1I oil1eroir1on ot the prcscnc or 111;i1111c111~nd u1:e of an arc11 •••••••• , •••••••••• , ••••••

I. N1111111:l flr-,1•1ur,.s. V/111 rhi: p1ni1os;il ~csurt 111:

1. lnr.n:~'•: 111 Ille 1.>te of 1151: ol .>ny n.1111r.1i 11~~1111r!:c:s> ..•••••••• , •••• , ••••••• , •••••• , ••••• ,

'2 Suhu.11111 •• 111 .. 111.:11011 of .rny nonrcnew.i111 .. r~·~nurccs 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

• 2 -

CALENDAR PAGE

MINUllPACE

[] 0 k.J G1 0 0

DO~ OOQ

DOQ ..

0 0 L~

D 0 c,;s 0 D Gl

l( "''/'·""' u11 •,o,·,11 .11.: • .11000~.11 rc:su:r

I lh.· ,,llt'fJhl.'lll tltH 1ut1on. cl·~n~1i·1 or !Jfll·""' •JIC: nf the hun\Jn ll'l1lUIJt1on cl 1l1r.: .:llc:J1 D 0 G: l/m11111f, W1!1 llW orc.11os;il rc:,ul t '"

) Allrchn~ c:111S1111!1 nousin1J, or cri:.il.: J 11.:m:ind lot .:11.ldition;il housing? 0 O' 0 M. 7"ra1111wt1tJriu11/C:irmlt1t11111. Will the p1011os.il result in:

1. Gencr.rnon of subsr.:in11;il <?dd1t1on.:il veh1culu movemenr? •••• , ••••••.••• .................. DD 0 2. AllcchnlJ c:x1srin9 p01rking f.'J1:1li11cr, or creare a dc:m.:ind for new puking1 ••••••••••••••••• , • , •• , •

:J. Sulnloinu.:il impacl upon existing 1ranspor1ation systcms1 •••••••••••••••• , ••• , , •••••• I

4. Al1c1.11101u 10 present Pl1llerm 1Jf circulation or movement o! people ind/or goods7 .•••••••.•••••••

D 0 l3 DOG DOG

5, AltcrJhons 10 WJU!rhornc, r<11l, or air ualfic7 .....••..••••••••••••••••.•.•••••.•• ':-~ ••.•. D D 0 6. lncius1 rn 1rafflc '1Ju, -is to motor vehicles, bicyclist;, or pcdescrians7 • , • , • • • • • . . • • • • • • • • • • • • • • D D G

N. Pub!tc Smkct. W.U the prcmosal 11~ve <in effect upon, or result in a need for new or ancrcd governmental srrv1ccs in any of the followin!; area,;

e.

1. Fire pro1c::11on7 ..••.•••••. . ..................... ·- ........................ . 2. P1>l1cc protection? ••••••••••.•.• . . . ...•..•• t • • • • • • • • • • • • • • • • • • ••..•.••.•.•••.•

-'J. S.::hoolsi' •••••••••••••••••••••••••• I •••• 1 ••••• * •••••••••••••••••••••••••••••

4, P:?rlcs .and cicher recrc;11ional f~crlities1 .•••••••.•••••• , ••• , •• , •••• , ••• , •••••••••••••• , •

~i. MJmrcn.:mce of publir.: f:icih:'e", 1m:lwin:i roi:.ds7 •..•••••••••••••••••••••••••••••••••••••

6. O:her !iOYcrnmcncal 1crvices1 ...... A ••••• ~ •••••••••• ., .............................. .

F.ircrtJ•. Will rhe proposal resul l in:

OOQ OOQ 0 0 Q1 DOG D 0 CB 0 0 CB

i. Use of iubsranliOJI .imounrs of fuel or energy?. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 0 0 (] 2. Sulm.ini.al .ncrc:Jsu .n demand upon cxiir.ng sources of encr!)'t. or require thit devefopmel\:.of m:wsoura:s? • 0 0 [2

P. U11/it1n. Will the proposal rcsull rn a need for new svsrcms, or subsranti•I alrera!ions to the following ulllhies:

1. Pnwu or n.:uur al 9.:u ~. . ...................... :. ............................... . 2 .. Comn1ut1ication s•1stcm51 ....................................................... .

3. Yl.11cr> .•••••• ,. ............................. , •••••••••••••••••.••• • •••••••••

'I. Sci· .. ·cr or scpoc t;ink~7 •• ,, •••••• ,, ................................ ,, ••••••••••••••••

5. Slorm \V~ter dra1nai9i:l • • • • • • • • ~ ........................................... , ••••••

G, Saini w~uc and d1sucsal7 •••• , ••••••• . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... ' "' .......... . a. /111m1111 lfrul1it. wm !he proposal result in:

1. Cre~111111 of ~n·1 hcJllh ha~Jrd or µ01e1111.;I he:illh h:izat1.I (excluding menial hulthi1 ................ 2. Expo1ure ol pconlc 10 polen11al hi::illil h;iz:irds7

fl, 11C'Stflrt1rs \'/ill lhC! llfO;IUSJf IC!S!Jll rn:

~ ... \ ................................. .

DOG DO~ DO~ DO~ 0 0 G1 0 0 []

DOG ro t1 G

1. Thi! 11b•.111.1ct1rJn 111 .my sccme v•u.1 or vii::V open 10 tho rmblic, or will the pnpos;il res~lt in tht cre::ition of .:an -'C1111cuc.all•t ,,11,.,.,,\" .... s11r UJl•'n In 11uhlu: v1cw7 ....... : • • • • • • • • • • • • • • • • • • • .. • • • • • • • • • 0 0 Q

1fr~rrnt1.111 \'ltll th•: l"•t1rlll~JI result rn:

1. An unl'Jct 110011 111.; 111:.lMy ar ciu.111ti1y ol exiU111!J tccrc.111onal op11crtuilitied ••• , •••• , , ••••••••• , DO

-J-CALENDAR PAGE

MINUTE PACE 1378.

..

'·•,

• • • • • • .. .. • • •• ~ ........... " ••••• v •••

... .· .

0 (J Ix

. . .' Will Ila: 11,.;:-., .11 ,,:\•111 ·•• .ufv,.,u: 11hy11r.11 nr •i:sll1c11c: dlcru l'l .1 1•r1•lw.ruur: ..,, l11unr1c: l11u'1Jmri.

lJ ll [ I• ;.:

J Does 11., 11mp.1\.1I h.i\·1: Ille: r:uh:1111.1I 10 .:.111\1' .1 11hvs1cJI ch,1111]c wluch wuultl .Jffr:c:I u111c1111:: 1:1hn1c cul1ur;il YJfU«:\/ • • • 11

" " " " • • " " • • • • " • • • • • • • • • • • • • • •

CJ [] ~ .1 Will ah.: prvi·o~ .. r r1;suu:r c·u~lmlJ 11:hg101u ur s:Jp~ 4SCS w11l11n lhe porcnll:JI jmpJct :Jtc•1 • ••••

U. .ll.1111/111111.1· /imlmxs u/ S1.r:11i/1C·a11r:l'.

Ooo:s 1he ruu1ect h.11te 1h.t rwrcn1i .. l to dco1:Jdr: rhe QUJli1vor 1he environment. reduce the hahita1 or• fish or w1ltJhle soccn:s, c:i~ .e ., 1;,11 or wrldhfo populJlron 10 drop IJclow sclf·sust•ming lcvah, thre;ircn to eliminate J pl.1nr nr .>nrm;il comm11na1y, rc:Juce the numhcr or restrict lhe ringe of J r;ire or and;inuercd plJnt 01•

.JnrmJI or clrmin.:ue 1mporran1 cx.:imples of 1he m;ijor periods or CJlifornia luuory or prchis1oryl •••••••• . .. 2. Ooo:s rhe project h.:ive rhe tlolr.nl1.JI to achieve sh~rMerm, lo lhe c.lludvama!lo of fong•tc:rm, environmental

go.Jls 1 .................................................................... . . 3. Does 1he pro1c:ct h;:ive impacts which iro indi111rJu.1llV limited, but cumulalivciv considerable7 ••••••• · •••

4. Ones rile uroject h.1vc envi1u11mencal affects which will cause subscanllal advcr:e effects on human beings, e11her duecllv or Jnd1rac1lv? .• ~ ......•••...•..•....••••.••••••••••••••••••••• :..::. ••

Ill. DISCUSSION OF'ENVIRONMENTAL EVALUATION (Sl!<1 Comml!ntsAttachl!dJ

IV. l'RC:LIMINARY DETERMINATION

On the h.:ius cl 1h1s m1l1•I ev•lu.:it1ow

OOQ

DOQ DOQ DO~

CJ I l1nd lhe rurwotcLI 11101cc:t COULD NOT h.w: .1 si~mfii:;inc elfeet on che env1tonment, and a NEGATIVE DECLARATION will ) bl! llleJ1ollC:d. .

[j I 111111 1h~1 ... 11110111111 Iha M01•rl~r.d uro1cc1 cnurd h.:ivc .1 uomfic:inc elfccc on rhc environment, the1e will noc bo .:i sifjllilic:anc ellci:t 111 '"'' c.Hc hc:c.imc the n111i•;.111u11 rn1::Js111c:s dcscnhcd on an am.died :hc:et hive lJc:cn lidded 10 the project.,1\ llEGATIVl: Ol!CLAOJ\ TION wall he iJtCllJIL'tl "' \ ·

! J I Imel rhe 1•1111100:11 11tt•11:c::1 Ml\ Y h,wf! .:i S•!llll!~c;inr r:ffot:t on the environment, and ;in ENVIAONMENT.'°'l IMPACT REPORT ·~ ir-.ru1.:1I q

• ' I

~·

-··-e • l'orm 1 :>.:to 17/121

CALENC>4R P~CE

a

A.2. - The ~and dcpoGlL rcccnLly cre~Led duL1ng lhe severe overflow of lh"? S~".'."ram~nLo River dur:in') Lhe past w1r ... er w i l l be r~mov~1J.

A.6. - The flow of lh~ river wil 1 resume the course fol lowed c.t. prior t? the recent formdLion of the sand deposit.

c.s. - A conlainment.-·1Jam will be const:.rucc.ed on the spoil site to isolate the east side which will be used as a setUing pond for exc~ss ~ilt bearLng waler. After pre

1

Cll')it.ating the sill out, excess water will be discharged Lnlo Lhe river.

E.C~ - Dredging will be restricted during the months specified by the Department of Fish and Game to avoid dny impact~ on Salmon spawning.

S.l. - ~~creational boating will be enhanced by the removal of the sanj depos1t that is presently a nuviqalional hazard.

l/'

CALENDAR PACE 2 2 4 MINUTE PACE l J 8 Q

..

EXHIBIT 11E11

PORT OF SACRA~~ENTO

Mo. Linda ~arttnez Dredging Coordinator State Lands Commission 1007 - 13th Street Sacramento, CA 95814

Dear Ms. Martinez:

. ···-April 21, 1987

This letter will confirm our telephone conversation regarding the Port•c negotiations w!th Kay Bell of Harbor Sand & Gravel co. on leasi •• ~ the Port property south of the Lock. While these negotiations have not yet resulted in a signec document, we have reached substantial agreement en terms and approval of a lease will be entered for action on the agenda of the next Port .... Commission meeting, which is scheduled for May 4. ~

JTC/ns

cc: ~~y Be ".l, J-,;. P.O. Bv:< 572~ Redwoou City, CA 94063

Sincerely1

L).~ hn T. Christian ief Engineer