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Feather River Bulletin
Quincy, California
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December 3, 2014     Feather River Bulletin
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8A Wednesday, Dec. 3, 2014 Feather River Bulletin State asks Supreme Court for depublication in mining case Miriam S. Cody Staff Writer mcody@plumasnews.com In September, Brandon Rinehart won his appeal against a 2012 -uling that he used vacuum and suction dredge equipment for gold mining without a permit in Plumas County. Rinehart claimed federal law prevailed and gave him the right to mine his federal mining claim despite the California moratorium on dredging. His conviction for dredging without a permit was reversed in September. The matter was remanded to a trial court for further proceedings on the issue of federal pre-emption. On Oct. 17, the state petitioned the Third Court of Appeal to modify its decision. It also asked the court to depublish its opinion on the Rinehart case. Members of the California mining community are fighting to let the opinion stand. If the judgment is depublished it can't be cited in defense of other miners. It also can't be ANALYSIS used in settlement discussions in San Bernardino County regarding the ban on suction dredging. This ruling has been postponed repeatedly. A statewide prohibition against suction dredging has been in place for over five years, though it was originally meant as a two-year moratorium. The purpose of the moratorium was to conduct a new environmental impact report on the effects of suction dredge mining, draft new dredging regulations and establish a new permitting process for dredging. Attorneys for mining advocacy groups Public Lands for the People and The New '49ers say the state has overstepped its authority. They say the state cannot prohibit mining by imposing a seemingly endless moratorium. Lawyers for the Karuk Tribe, who support the dredging ban, claim that dredging is harniful to fish and that dredgers discharge mercury into the waterways. Brandon Rinehart is a Plumas County gold miner engaged in legal battles with the state of California over suction dredging laws. He and his father were cited for illegal dredging in 2012 on their "Nugget Alley" claim. The case has been reversed, but the state has asked that the reversal be reconsidered and unpublished. Photo submitted Cascadia Wildlands, another anti-dredging environmental group, stated on its website that the amount of mercury that is broken up by dredging and digested by fish is harmful to the humans who eat the fish. GPAA Magazine Editor Brad Jones said, "It is well known that miners remove lead fishing weights, mercury, nails and other scrap metal trash from rivers and streams when they dredge. "Dredging also creates better fish habitat by cleaning silt-covered gravels and loosening compacted gravels, which makes it easier for fish to spawn." Jones compared dredging to PUBLIC NOTICES cleaning the bottom of a home fish aquarium. Some of the same environmental groups who lobby against dredging have applied for government grants to dredge for mercury, Jones said. The next hearing regarding the moratorium is set for Dec. 12 in San Bernardino Opponents of the dredging ban rushed to send letters to the California Supreme Court against hiding the Rinehart ruling. The cutoff for public response to the state's request . was Dec. 1. Rinehart's case could have a i huge influence on Judge Ochoa's decision in December, said Charles Watson, Chester mining expert and geologist. The Rinehart story Rinehart, who lives in Antioch, and his father were mining for gold in Plumas County with a 4-inch dredge on Fathers Day weekend in 2012. California dredging permits no longer being issued, Rinehart said he "believed we had federal rights beyond those that the state was trying to impose, so we continued to mine like we always had knowing we could be caught at any time and cited," he said. Quincy Property Sale S. Mill Creek Road APN: 116-224-003-000 T.S. No. 014433-0A NOTICE OF TRUSTEE'S SALE IMPOR- TANT NOTICE TO PROPERTY OWNER: YOU ARE IN DEFAULT UNDER A DEED OF TRUST, DATED 3/22/2011. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUB- LIC SALE. IF YOU NEED AN EXPLANA- TION OF THE NATURE OF THE PRO- CEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER On 1/7/2015 at 11:00 AM, CLEAR RECON CORE, as duly appointed trustee under and pursuant to Deed of Trust recorded 3/30/2011, as Instrument No. 2011-0001868, of Official Records in the office of the County Recorder of Plumas County, State of CALIFORNIA executed by: JOHN THOMAS BERGSTRAND, A SINGLE MAN WILL SELL AT PUBLIC AUCTION TO HIGHEST BIDDER FOR CASH, CASHIER'S CHECK DRAWN ON A STATE OR NATIONAL BANK, A CHECK DRAWN BY A STATE OR FEDERAL CREDIT UNION, OR A CHECK DRAWN BY A STATE OR FEDERAL SAV- INGS AND LOAN ASSOCIATION, SAV- INGS ASSOCIATION, OR SAVINGS BANK SPECIFIED IN SECTION 5102 OF THE FINANCIAL CODE AND AUTHORIZED TO DO BUSINESS IN THIS STATE: At the front steps of the County Courthouse, 520 Main St, Quincy, CA 96122 all right, title and inter- est conveyed to and now held by it under said Deed of Trust in the property situated in said County and State described as: AS MORE FULLY DESCRIBED ON SAID DEED OF TRUST The street address and other common designation, if any, of the real property described above is purported to be: 155 S MILL CREEK RD QUINCY, CA 95971 The undersigned Trustee disclaims any lia- bility for any incorrectness of the street address and other common designation, if any, shown herein. Said sale will be held, but without covenant or warranty, express or implied, regarding title, possession, condi- tion, or encumbran(:es, including fees, charges and expenses of the Trustee and of the trusts created by said Deed of Trust, to PACIFIC GAS AND ELECTRIC COMPANY'S NOTICE TO ADJUST YOUR RATES FOR THE 2015--2017 ENERGY SAVINGS ASSISTANCE AND CALIFORNIA ALTERNATE RATES FOR ENERGY PROGRAMS (A.14-11-010) Summary On November 18, 2014. Pacific Gas and Electric Company (PC&E) proposed to the California Public Utilities Commission (CPUC) a request to approve funding for the 2015-2017 Energy Savings Assistance (ESA) and California Alternate Rates for Energy (CARE) programs and budgets effective January 1. 2015. tn Decision 14-08-030, the CPUC authorized funding for the year 2015 at the authorized 2014 budget level of $176.8 million for both programs. Following D.14-08-030, the CPUC also issued General Rate Case Decision 14-08-032. As a result, PG&E is requesting an increase to our revenue requirement in 2015 for the ESA program of $0.1 million. In addition, PG&E is requesting a revenue requirement decrease of $7.2 million in 2016 and an increase of $2.8 million in 2017. For the CARE program, PG&E is seeking a revenue requirement increase of $0.2 million in2015 to reflect certain authorized revenue changes as directed in D. 14-08-030 and D. 14-08-032. In addition, PG&E is requesting a revenue requirement increase of $2.9 million in 2016 and $1.1 million in 2017. Background In this filing, PG&E seeks approval to continue offering these financial and energy efficiency assistance programs. The ESA Program provides income-qualified renters end homeowners with easy, free solutions to help manage their energy use each month. The CARE Program provides a monthly discount on energy bills for households and housing facilities that meet the program's income qualifications. Qualifications are based on the number of persons living in the home and the total gross annual household income. How will PG&E's application affect me? If approved, this application would result in an increase of less than one percent in PG&E's total annual electric and gas revenue requirements for the ESA and CARE programs from 2014 to 2015. The requested electric and gas revenue for 2015 would be collected from customers. Tables presenting more illustrative descriptions of the impact of this application were included in a bill insert announcing this filing that was sent directly to customers in December. These increases in customers' bills would be collected through the Public Purpose Program (PPP).charge, which funds various programs, including those for low income customers, as required by California law and/or the CPUC. This charge is paid by bundled, direct access, community choice aggregation and eligible departing load customers. CARE customers are not charged for costs to the CARE program, which is a part of the PPP surcharge. - Bundled service customers are those d'lo receive electric generation, as wall as transmission and distribution service from PG&E. Direct access customers only receive transmission and distribution service from PG&E. Community choice aggregation customers also only receive transmission and distribution service from PG&E. How do I find out more about PG&E's proposals? You can view PG&E's application and exhibits at pga.com/RegCases. Select "Low Income Program PY15-17" from the Cases dropdown menu. If you have questions about PG&E's application, please contact PG&E at 1-800-743-5000. TDD/TTY users call 1-800-852-4712. Pare mds detalles Ilame al 1-800..660-8789 ($. '111t m ] Ilk) 1-800-893-9555 If you would like a copy of PG&E's application and exhibits, please write to PG&E at the address below. Pacific Gas and Electric Company 2015-2017 ESA CARE Application P.O. Box 7442 San Francisco, CA 94120 A copy of PG&E's application and exhibits are also available for review at the CPUC, 505 Van Ness Avenue, San Francisco, CA 94102, Monday-Friday, 8 a.m.-noon. PG&E's application (without exhibits) is available on the CPUC's website at tmNw.cpuc.ca.govlpuc. How does the CPUC's decision-making process work? This Application will be assigned to an Administrative Law Judge (Judge) vo will determine how to receive evidence and other related documents necessary for the CPUC to establish a record upon which to base its decision. Evidentiary Hearings (Ells) may be held where parties of record will present their testimony and may be subject to cross-examination by other parties. These EHs are open to the public, but only those who are parties of record can participate. After considering all proposals and evidence presented during the formal hearing process, the assigned Judge will issue a proposed decision which may adopt PG&E's proposal, modify it or deny it. Any CPUC Commissioner may sponsor an alternate decision. The proposed decision, and any alternate decisions, will be discussed and voted upon at a scheduled CPUC Voting Meeting. As a party of record, the Office of Ratepayer Adyocates (ORA) will review this application. ORA is the independent consumer advocate within the CPUC with a legislative mandate to represent investor-owned utility customers to obtain the lowest possible rate for service consistent with reliable and safe service levels. ORA has a multi-disciplinary staff with expertise in economics, finance, accounting and engineering. Other parties of record will also participate in the CPUC's proceeding to consider this application. For more information about ORA, please call 415-703-1884, email ora=.cpuc.ca.gov or visit ORA's website at http:llora.ca.govldefault.aspx. Stay infonrned If you would like to follow this proceeding, or any other issue before the CPUC, you may use the CPUC's free subscription service. Sign up at: http:llsubscribecDuc.cDUC.oa.aovl. If you would like to learn how you can participate in the proceeding, or if you have informal comments or questions about the CPUC processes, you may access the CPUC's Public Advisor's Office (PAO) webpage at wPN.cpuc.ca.govlpuc and click on "Public Advisor" from the CPUC Information Menu. You may also contact the PAO as follows. Email: public.advisorpuc.ca.gov Mail: Public Advisor's Office 505 Van Ness Avenue, Room 2103 San Francisco, CA 94102 Call: 1-866.849-8390 (toil-free) or 1-415-703-2074 Published FRB TTY: 1-866-836-7825 (toll4ree) or 1-415-703,-5282 Dec. 3, 2014 pay the remaining principal sums of the note(s) secured by said Deed of Trust. The total amount of the unpaid balance of the obligation secured by the property to be sold and reasonable estimated costs, expenses and advances at the time of the initial publi- cation of the Notice of Sale is: $148,639.74 If the .Trustee is unable to convey title for any reason, the successful bidder's sole and exclusive remedy shall be the return of monies paid to the Trustee, and the suc- cessful bidder shall have no further recourse. The beneficiary under said Deed of Trust heretofore executed and delivered to the undersigned a written Declaration of Default and Demand for Sale, and a written Notice of Default and Election to Sell. The undersigned caused said Notice of Default and Election to Sell to be recorded in the county where the real property is located. NOTICE TO POTENTIAL BIDDERS If you are considering bidding on this property lien, you should understand that there are risks involved in bidding at a trustee auction. You will be bidding on a lien, not on the property itself. Placing the highest bid at a trustee auction does not automatically entitle you to free and clear ownership of the property. You should also be aware that the lien being auctioned off may be a junior lien. It you are the highest bidder at the auction, you are or may be responsible for paying off all liens senior to the lien being auctioned off, before you can receive clear title to the property. You are encouraged to investigate the exis- tence, pnority, and size of outstanding liens that may exist on this property by contacting the county recorder's office or a title insur- ance company, either of which may charge you a fee for this information. If you consult either of these resources, you should be aware that the same lender may hold more than one mortgage or deed of trust on the property. NOTICE TO PROPERTY OWNER: The sale date shown on this notice of sate may be postponed one or more times by the mortgagee, beneficiary, trustee, or a court, pursuant to Section 2924g of the Califomia Civil Code. The law requires that information about trustee sale postponements be made available to you and to the public, as a courtesy to those not present at the sale. If you wish to learn whether your sale date has been post- poned, and, if applicable, the rescheduled time and date for the sale of this property, you may call (714) 573-1965 or visit this Internet Web site WWW.PRIORITYPOST- ING.COM, using the file number assigned to this case 014433-CA. Information about postponements that are very short in dura- tion or that occur close in time to the sched- uled sale may not immediately be reflected in the telephone information or on the Intemet Web site. The best way to verify postponement information is to attend the scheduled sale. FOR SALES INFORMATION: (714) 573- 1965 Published FRB Nov. 19, 26, Dec. 3, 20141 Cromberg Property Sale Highway 70 NOTICE OF TRUSTEE'S SALE TS No. CA- 12-519454-EV Order No.: 120246940-CA- MSI YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 11/16/2001. UNLESS YOU TAKE ACTION TO PRO- TECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED , AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER. A public auction sale to the highest bidder for cash, cashier's check drawn on a state or national bank, check drawn by state or federal credit union, or a check drawn by a state or feder- al savings and loan association, or savings association, or savings bank specified in Section 5102 to the Financial Cede and authorized to do business in this state, will be held by duly appointed trustee. The sale will be made, but without covenant or war- ranty, expressed or implied, regarding title, possession, or encumbrances, to pay the remaining principal sum of the note(s) secured by the Deed of Trust, with interest and late charges thereon, as provided in the note(s), advances, under the terms of the Deed of Trust, interest thereon, fees, charges and expenses of the Trustee for the total amount (at the time of the initial publi- cation of the Notice of Sale) reasonably esti- mated to be set forth below. The amount may be greater on the day of sale. BENEFI- CIARY MAY ELECT TO BID LESS THAN THE TOTAL AMOUNT DUE. Trustor(s): GEORGE J. GRIFFIN JR., A MARRIED MAN, AS HIS SOLE AND SEPARATE PROPERTY Recorded: 11/30/2001 as Instrument No. 2001-10424 of Official Records in the office of the Recorder of PLUMAS County, California; Date of Sale: 12/10/2014 at 11:00:00 AM Place of Sale: At the East Entrance to the County Courthouse, 520 Main Street Quincy, CA. 96122 Amount of unpaid balance and other charges: $177,662.73 The purported prop- erty address is: 58737 HIGHWAY 70, CROMBERG, CA 96103 Assessor's Parcel No.: 122-130-030 01 NOTICE TO POTEN- TIAL BIDDERS: If you are considering bid- ding on this property lien, you should under- stand that there are risks involved in bidding at a trustee auction. You will be bidding on a lien, not on the property itself. Placing the highest bid at a trustee auction does not automatically entitle you to free and. clear ownership of the property. You should also be aware that the lien being auctioned off may be a junior lien. If you are the highest bidder at the auction, you are or may be responsible for paying off all liens senior to the lien being auctioned off, before you can receive clear title to the property. You are encouragedto investigate the existence, pri- ority, and size of outstanding liens that may exist on this property by contacting the county recorder's office or a title insurance company, either of which may charge you a fee for this information. If you consult either of these resources, you should be aware that the same lender may hold more than one mortgage or deed of trust on the prop- erty. NOTICE TO PROPERTY OWNER: The sale date shown on this notice of sale may be postponed one or more times by the mortgagee, beneficiary, trustee, or a court, pursuant to Section 2924g of the Calif0mia Civil Cede. The law requires that information about trustee sale postponements be made available to you and to the public, as a cour- tesy to those not present at the sale. If you wish to leam whether your sale date has been postponed, and, if applicable, the rescheduled time and date for the sale of this property, you may call 714-573-1965 for information regarding the trustee's sale or visit this Internet Web site http://www.qual- ityloan.com, using the file number assigned to this foreclosure by the Trustee: CA-12- 519454-EV. Information about postpone- ments that are very short in duration or that occur close in time to the scheduled sale may not immediately be reflected in the tele- phone information or on the Intemet Web site. The best way to verity postponement information is to attend the scheduled sale. The undersigned Trustee disclaims any lia- bility for any incorrectness of the property address or other common designation, if any, shown herein. If no street address or other common designation is shown, direc- tions to the location of the property may be obtained by sending a written request to the beneficiary within 10 days of the date of first publication of this Notice of Sale. If the Trustee is unable to convey title for any rea- son, the successful bidder's sole and exclu- sive remedy shall be the return of monies paid to the Trustee, and the successful bid- der shall have no further recourse. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, or the Mortgagee's Attorney. If you have previ- ously been discharged through bankruptcy, you may have been released of personal lia- bility for this loan in which case this letter is intended to exercise the note holders right's against the real property only. As required by law, you are hereby notified that a nega- tive credit report reflecting on your credit record may be submitted to a credit report agency if you fail to fulfill the terms of your credit obligations. QUALITY MAY BE CON- SIDERED A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Date: Quality Loan Service Corporation 411 Ivy Street San Diego, CA 92101 619-645-7711 For NON SALE information only Sale Line: 714- , 573-1965 Or Login to: http://www.quality- Ioan.com Reinstatement Line: (866) 645- 7711 Ext 5318 Quality Loan Service Corp. TS No.: CA-12-519454-EV IDSPub #0073466 Published FRB Nov. 19, 26, Dec. 3, 20141 ,% -..-:   . . ..:and so much more is just 1 CLICK AWAY Sure enough, officers from the California Department of Fish and Wildlife arrived on their claim and cited Rinehart for use and possession of a dredge in a closed waterway. They confiscated equipment valued at over $3,000. According to ICMJ Prospecting and Mining Journal Editor Scott Ham, Rinehart's lawyer will argue that "California prohibited Rinehart from utilizing the only economical method of mining his federal mining claim.., and that federal mining law pertaining to the regulation of federal mining claims preempts state law." Why go dredging? Recreational miners make up most of Plumas County's mining community, Watson said. These are people with 20- or 40-acre mining clims along small creeks and rivers who visit their claims on weekends. Aside from a handful of large, active mining operations in Plumas County, activities are limited to smail-scale sluicing (gravity gold separation through a device called a "sluice box") or simple hand panning. However, the goal of prospectors remains the same: to get the gold. Considering P]umas County was born of gold mining, most of the waterways have been picked clean along the shores, and it requires a suction dredge to remove the heavy metal from the bottoms of the streams. Advocates for removal of the dredging ban remind the public, that not all miners seek to tear up the land and destroy habitat, nor does suction dredging always have a negative effect on the environment. What happens next? As the moratorium on dredging keeps suction dredge miners out of the water, they occupy themselves with a strong presence on the Internet and in protests and rallies across the state. Organizations opposed to dredging, like the Sierra Fund and the Karuk Tribe, remain concerned about mercury levels and damage to fish habitats as a result of dredging activity. The Cascadia Wildlands website says that mining advocates are '=generally folks with extreme views and behaviors with a high level of resentment to regulation." But mining advocates say regulation is not the issue now; the issue is simply getting any of their federal rights back to mine gold in a way that is economical for them. For more information on the fight to maintain mining rights, visit plpl.org, westernminingalliance.org or peoplevrinehart.org, or stay tuned in to mining news through advancedgeologic.com, goldprospectors.org or gpaa.org.