Patrick G. Mitchell

Experience

Chair of Downey Brand's Land Use Group and Former Chair of the firm's Minerals and Energy Group.

Worked on numerous mining and public land projects over the years on issues such as mine permitting; due diligence review for mine purchases/sales; mining lease and sale agreements; mine title issues; hazardous materials and hazardous waste issues (business plans, and compliance); California Surface Mining and Reclamation Act (SMARA) reclamation plans, permits, annual filings, compliance, and DOC appeal issues.

Also worked on Bureau of Land Management (BLM) and Forest Service plans of operation, final reclamation compliance, inspections, and annual filing requirements; road and utility rights-of-ways; State Lands Commission exploration permit and mining leases, school land issues and title settlement agreements; stream alteration (1603)/wetlands (404 and 401) permits; waste discharge requirements; endangered species act permits (2081 and 2090, sections 7 and 10a); wildlife mortality issues; private mineral ownership disputes; federal mining claim patent applications, title issues, and contest actions; and California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) review of EIRs, EIS', negative declarations and EA/FONSI's.

Experience with mining issues involving numerous counties (including the county planning and environmental health departments), the California Division of Mines and Geology, the California State Lands Commission, the U.S. Forest Service, the U.S. Bureau of Indian Affairs, and the U.S. Bureau of Land Management. He also has extensive experience with the U.S. Fish and Wildlife Service, the California Department of Fish and Game, several Regional Water Quality Control Boards, and the U.S. Army Corps of Engineers.

Experience includes working on underground, open pit, in-stream, and quarry mines involving gold, talc, clay, limestone, marble, gypsum, hectorite, garnet, iron, geothermal, lightweight aggregate, silica, soda ash, tourmaline, decomposed granite, sand and gravel, and crushed rock mines, involving over 122 different mine sites. Projects that he has worked on include, but are not limited to:

Aggregate
Aggregate mine located in Riverside County (SMARA annual reports and compliance issues, mining lease, BLM plan of operation amendments, and mining claim title issues, 1989-1994);

Three Kern County aggregate mines (CEQA negative declaration review and SMARA permitting for aggregate mine approved 1993, annual SMARA compliance,1991-present, 404 permit, 1995, mining claim sales, 1997, and reclamation plans, 1996-1999);

Broadwell Basin Hazardous Waste Repository located in San Bernardino County (BLM material sales agreement, SMARA, and CEQA/NEPA repository (316 acre) and supporting aggregate (360 acre) and clay (230 acre) mines, approved 1993);

Two aggregate mines located in Riverside and San Diego counties (BIA lease issues, 1991-1992);

Five aggregate mines located in San Bernardino and Riverside counties (due diligence review for purchaser of large regional aggregate company, 1991);

Summit Valley Materials (CEQA and SMARA work for proposed rock mine, 1992);

Aggregate mine located in Riverside County (reviewed mining permit and reclamation plan and negotiated SMARA vested rights with county, 1993, permitting strategy issues, 1997);

Large regional aggregate producer with six mine sites in San Bernardino and Riverside counties (extensive due diligence work for purchaser, endangered species issues and CEQA review and CEQA opposition to MWD water pipeline, 1993-1994);

Sigma Stone Company (State Lands Commission lease issue for rock mine located in San Bernardino County, 1994-1995 and 2000);

In stream aggregate mines located in Sonoma County (reclamation issues, 1995);

Aggregate mine located in Tulare County (mineral reservation litigation, 1995);

Aggregate mine located in Marin County (asbestos compliance issue, 1995-1996);

Sand mine processing site in Sacramento County (permitting/CEQA issues, 1995, wetlands issues, 1996);

Burton 's Ready-Mix in San Bernardino County (Forest Service and BLM patent and contest issues, 1995-1996);

Aggregate property landowner representation, Cache Creek, Yolo County (mining lease/sale and land use issues, 1995-1999);

Quarry property involving gold and aggregate in El Dorado County (acquisition agreement and permitting issues, 1995-1996);

Cattle rancher representation, Sacramento County (aggregate lease issues, 1996);

State Lands Commission matter for rock mine in Lassen County (lease issue, 1996);

Landowner representation in Sacramento County (aggregate mining property, 1996);

Flood control association in Sacramento County (SMARA issues with the State Mining and Geology Board, 1996-1997);

Aggregate mine located in Yuba County (vested rights, endangered species, wetlands, SMARA and use permit, and Cal-OSHA issues 1996-2002);

Large aggregate company, worked on mines located in the Sacramento and Yolo counties (air quality, land use permitting and SMARA issues, 1996-1997);

Landowner of property in Fresno County (SMARA and mineral zone issues, 1997);

Aggregate company, three mines, both sand and gravel and granite, located in Tulare County (easement, mine permitting, ESA and CEQA issues, 1996-1999);

Bay area aggregate company (instream and endangered species issues, 1997);

Company with three mines in San Benito County and Monterey County (SMARA, 404 and use permit issues, 1997-2005);

Decorative stone company in Santa Barbara County (SMARA and SMGB appeal issues, 1997);

Farmer representation in Contra Costa County (sand mining lease, 1997);

Large corporate landowner in Southern California for property in San Bernardino County (aggregate mining leases, 1996-1999);

Sand mining company, Sacramento and Solano counties (CDFG 1603 issues, 1997);

Large aggregate company, mines located in Ventura County, Santa Barbara County, Kern County, Monterey County and Riverside County (404, 1603, mine permitting and SMARA issues, 1997-2003);

State Lands Commission surface title issues in San Diego County (1998-2000);

Sand mines in Tulare County (Mining lease, 2000);

Large aggregate company, sites located in Sacramento County, Fresno County, Tulare County, and Los Angeles County (due diligence, and mine expansion permitting, 1997-present);

Large aggregate company aggregate mines in Placer, San Joaquin, Monterey , Tulare and Fresno counties (CEQA, Corps and ESA issues, new mine and mine expansion permitting, 1999-present);

Aggregate mine in Imperial County (vested rights, general plan, Corps, and ESA issues, 2005);

Small aggregate mine in Imperial County (BLM material, sales contract and right-of-way, ESA issues, 2004-2005);

Hard rock quarry in Mendocino County (CUP expansion permitting, 2005); and

Sand Mines in Santa Cruz and Monterey counties (SMARA and ESA issues, 2004-2005).

Industrial Minerals
Underground colemanite mine located in Inyo County (permitting issues, 1989);

Limestone mine located in San Bernardino County (NEPA review for limestone mine, 1990);

Three talc mines located in Inyo and San Bernardino counties (final reclamation, 1993-1994);

Large limestone mine located in San Bernardino County (CEQA/NEPA negative declaration, SMARA, CDFG and Forest Service permitting for limestone mine expansion, approved negative declaration 1992, additional expansion permitting work, ESA permits, and 1603/404/401 permits, 1991-1994);

Limestone mine facility located in San Bernardino County (endangered species issue, 1993-1994);

Eagle Mountain Landfill (landfill and final reclamation plan for iron mine, approved 1992, 1991-1992);

Proposed marble mine located in San Bernardino County (wilderness study area issues, 1993);

Proposed boric acid mine located in San Bernardino County (CEQA/NEPA EIR/EIS review, 1993);

Large hectorite mine located in San Bernardino County (ESA Section 7 and CDFG 2081 permits, 1993-1994);

Proposed marble mine located in Riverside County (review mining claim patent issue, 1994);

Desert Garnet, Inc., Desert Garnet Mine located in San Bernardino County (BLM plan of operations approved 1994, right-of-way issue, 1995, SMARA issues, 1997);

Due diligence and permitting work for a silica mine located in Lassen County (1995);

Major geothermal facility in Sonoma County (site closure work, 1996-1998);

Limestone mine located in Shasta County (SMARA, stream alteration and endangered species issues, title issues, 1996-2000);

Limestone mine located in San Bernardino County (CEQA and ESA compensatory habitat issues, 1997);

Limestone mine (BLM patenting issues, 1999);

Underground tourmaline mine in San Diego County (mining lease, 1998-1999);

Cinder mine in Inyo County (ESA/CESA, BLM and USFS permitting issues, 1999-2002);

Industrial sand mine in Amador County (RWQCB permitting, 2001 and 2005);

Shale mine in Amador County (SMARA, CEQA and mine permitting issues, 2002-2003);

Shale mine in Shasta County (vested rights and SMARA, 2003-2004);

Limestone mine in Tuolomne County (vested rights and SMARA issues, 2002-2004);

Due diligence for cinder mine in Modoc County (2004);

Limestone mine in Shasta County (mine expansion permitting, 2004-present); and

Due diligence for limestone mine in Shasta County (2005).

Precious Metals
Viceroy Gold Corporation, 2,700 acre gold mine located in San Bernardino County (wildlife and endangered species permitting work, BLM plan of operation and SMARA reclamation plan, Corps nationwide permit, CEQA/NEPA review of EIR/EIS, RMPP review, SPCC plan review, mine approved 1990, power line EA approved, 1991, 1989-1994);

Amax Gold, Hayden Hill Mine, Lassen County (CEQA/NEPA review of EIR/EIS and ESA issues for a 2,800 acre gold mine and related power line approved 1991, 1990-1992);

Royal Mountain King Mine, Calaveras County (due diligence review for potential purchaser, 1991);

Andrienne Knute, San Bernardino County (BLM surface title acquisition, 1989);

Western States Minerals, Alpine County (reviewed EIS/negative declaration, 1992);

Gold exploration project located in Inyo County (CEQA/NEPA negative declaration review, and BLM and State Lands Commission permits, 1993-1994);

Gold exploration project located in Kern County (BLM permitting and SMARA compliance work, 1994);

Gold mining project located in Inyo County (mining lease, 1994);

Gold exploration project located in Riverside County (access to mining claims in wilderness area, 1995);

Compliance and permitting work related to hazardous materials and reclamation violations for gold mine located in San Bernardino County (1993-1996);

Due diligence work for an underground gold mine located in Nevada County (1995-1996);

Permitting issues for gold exploration project located in Nevada County (1996);

Gold mining lease for small project located in Sacramento County (1996);

Large gold mine located in San Bernardino County (CEQA/NEPA review for 500 acre expansion, 1997);

Small gold mine located in San Bernardino County (mining lease and joint venture agreement, 1997);

Large gold mine located in Inyo County (BLM title review work, 1997);

Underground gold mines in Sierra County (mining leases, 1998-1999);

Gold dredge operation in Yuba County (SMARA issues, 1999);

Mineral estate acquisition from BLM for surface owner for 7,000 acre area in CDCA (2000).

Mesquite Mine located in Imperial County (ESA/CESA and CEQA/NEPA review, SMARA and use permits for expansion, 1997-2000);

Underground gold mine in Amador County (ESA and CEQA permitting and litigation, 1997-2001); and

Due diligence work on open pit gold mine in San Bernadino County (2004); and

Gold property in Plumas County (mining claims issue, 2003-2005).

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