Chester Progressive legal notices for the week 8/3/2011Estate of Young
NOTICE OF PETITION
TO ADMINISTER ESTATE of Marjorie B. Young, also known as Marjorie Beth Young, decedent
Case Number PR 11-00022
To all heirs, beneficiaries, creditors, contingent creditors, and persons who may otherwise be interested in the will or estate, or both, of: Marjorie B. Young, also known as Marjorie Beth Young,
A PETITION FOR PROBATE has been filed by: Alvin W. Young in the Superior Court of California, County of Plumas.
THE PETITION FOR PROBATE requests that: Alvin W. Young be appointed as personal representative to administer the estate of the decedent.
THE PETITION requests authority to administer the estate under the Independent Administration of Estates Act. (This authority will allow the personal representative to take many actions without obtaining court approval. Before taking certain very important actions, however, the personal representative will be required to give notice to interested persons unless they have waived notice or consented to the proposed action.) The independent administration authority will be granted unless an interested person files an objection to the petition and shows good cause why the court should not grant the authority.
A HEARING on the petition will be held on: August 8, 2011, at 9 a.m., at the Superior Court of California, Room 104, Dept. 2, County of Plumas, Courthouse, 520 Main Street, Quincy, CA 95971.
IF YOU OBJECT to the granting of the petition, you should appear at the hearing and state your objections or file written objections with the court before the hearing. Your appearance may be in person or by your attorney.
IF YOU ARE A CREDITOR or a contingent creditor of the decedent, you must file your claim with the court and mail a copy to the personal representative appointed by the court within four months from the date of first issuance of letters as provided in Probate Code section 9100. The time for filing claims will not expire before four months from the hearing date noticed above.
YOU MAY EXAMINE the file kept by the court. If you are a person interested in the estate, you may file with the court a Request for Special Notice (form DE-154) of the filing of an inventory and appraisal of estate assets or of any petition or account as provided in Probate Code section 1250. A Request for Special Notice form is available from the court clerk.
Attorney for Petitioner: Neil A. Harris, 3120 Cohasset Rd., Ste. 10, Chico, CA 95973, (530) 893-2882, SBN: 245446.
Endorsed July 8, 2011.
Deborah Norrie, Clerk of the Court
By P. Marchetti, Deputy Clerk.
July 20, 27, Aug. 3, 2011
Feather River Drive,
Chester property sale
NOTICE OF TRUSTEE'S SALE T.S. No: A524385 CA Unit Code: A Loan No: 12616942/VAN ROOYEN AP #1: 100-032-022-000 T.D. SERVICE COMPANY, as duly appointed Trustee under the following described Deed of Trust WILL SELL AT PUBLIC AUCTION TO THE HIGHEST BIDDER FOR CASH (in the forms which are lawful tender in the United States) and/or the cashier's, certified or other checks specified in Civil Code Section 2924h (payable in full at the time of sale to T.D. Service Company) all right, title and interest conveyed to and now held by it under said Deed of Trust in the property hereinafter described: Trustor: RICHARD MARTINEZ VAN ROOYEN, CORY LYNETTE VAN ROOYEN Recorded January 14, 2008 as Instr. No. 2008-0000231 in Book -- Page -- of Official Records in the office of the Recorder of PLUMAS County; CALIFORNIA , pursuant to the Notice of Default and Election to Sell thereunder recorded April 4, 2011 as Instr. No. 11-1942 in Book -- Page -- of Official Records in the office of the Recorder of PLUMAS County CALIFORNIA. YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED JANUARY 8, 2008. UNLESS YOU TAKE ACTION TO PROTECT 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. 264 FEATHER RIVER DRIVE, CHESTER, CA 96020 "(If a street address or common designation of property is shown above, no warranty is given as to its completeness or correctness)." Said Sale of property will be made in "as is" condition without covenant or warranty, express or implied, regarding title possession, or encumbrances, to pay the remaining principal sum of the note(s) secured by said Deed of Trust, with interest as in said note provided, advances, if any, under the terms of said Deed of Trust, fees, charges and expenses of the Trustee and of the trusts created by said Deed of Trust. Said sale will be held on: AUGUST 9, 2011, AT 9:30 A.M. *AT THE FRONT ENTRANCE TO THE COUNTY COURTHOUSE, 520 MAIN STREET, QUINCY, CA At the time of the initial publication of this notice, the total amount of the unpaid balance of the obligation secured by the above described Deed of Trust and estimated costs, expenses, and advances is $259,597.49. It is possible that at the time of sale the opening bid may be less than the total indebtedness due. Pursuant to California Civil Code 2923.54 the undersigned, on behalf of the beneficiary, loan servicer or authorized agent, declares as follows: The mortgage loan servicer has obtained from the Commissioner of a final or temporary order of exemption pursuant to Section 2923.53 that is current and valid on the date the notice of sale is recorded. The timeframe for giving notice of sale specified in subdivision (a) of Section 2923.52 does not apply pursuant to Section 2923.52. 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 successful bidder 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 monies paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee or the Mortgagee's attorney. Date: July 11, 2011 T.D. SERVICE COMPANY as said Trustee, T.D. Service Company Agent for the Trustee and as Authorized Agent for the Beneficiary SUSAN EARNEST, ASSISTANT SECRETARY T.D. SERVICE COMPANY 1820 E. FIRST ST., SUITE 210, P.O. BOX 11988 SANTA ANA, CA 92711-1988 The Beneficiary may be attempting to collect a debt and any information obtained may be used for that purpose. If available, the expected opening bid and/or postponement information may be obtained by calling the following telephone number(s) on the day before the sale: (714) 480-5690 or you may access sales information at www.tacforeclosures.com. TAC# 941060 PUB: 07/20/11, 07/27/11, 08/03/11
July 20, 27, Aug. 3, 2011
Chester property sale
T.S. No. T11-75587-CA / APN: 100-173-09-0000 NOTICE OF TRUSTEE'S SALE YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 11-25-2002. UNLESS YOU TAKE ACTION TO PROTECT 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 a state or federal credit union, or a check drawn by a state or federal savings and loan association, or savings association, or savings bank specified in Section 5102 of the Financial Code and authorized to do business in this state will be held by the duly appointed trustee as shown below, of all right, title, and interest conveyed to and now held by the trustee in the hereinafter described property under and pursuant to a Deed of Trust described below. The sale will be made, but without covenant or warranty, 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 publication of the Notice of Sale) reasonably estimated to be set forth below. The amount may be greater on the day of sale. Pursuant to California Civil Code Section 2923.54 the undersigned, on behalf of the beneficiary, loan servicer, or authorized agent, declares as follows: [X] The mortgage loan servicer has obtained from the commissioner a final or temporary order of exemption pursuant to Section 2923.53 that is current and valid on the date the notice of sale is filed and [X] The timeframe for giving notice of sale specified in subdivision (a) of Section 2923.52 does not apply pursuant to Section 2923.52 or 2923.55 Trustor: RICHARD J. BOGUE AND LINDA J. BOGUE, HUSBAND AND WIFE Duly Appointed Trustee: CR Title Services, Inc. P.O. BOX 16128, TUCSON, AZ 85732-6128 866-702-9658 Recorded 12-04-2002 as Instrument No. 2002-0012218 in book , page of Official Records in the office of the Recorder of Plumas County, California, Date of Sale: 08-15-2011 at 11:00 AM Place of Sale: AT THE FRONT STEPS OF THE COUNTY COURTHOUSE, 520 MAIN STREET, QUINCY, CA Amount of unpaid balance and other charges: $57,369.53 Street Address or other common designation of real property: 643 MARTIN WAY CHESTER, CA 96020 A.P.N.: 100-173-09-0000 Legal Description: AS MORE FULLY DESCRIBED IN SAID DEED OF TRUST The undersigned Trustee disclaims any liability for any incorrectness of the street address or other common designation, if any, shown above. If no street address or other common designation is shown, directions 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. The Trustee shall incur no liability for any good faith error in stating the proper amount of unpaid balances and charges. For Sales Information please contact PRIORITY POSTING AND PUBLISHING at WWW.PRIORITYPOSTING.COM or (714) 573-1965 REINSTATEMENT LINE: 866-702-9658 Date: 07-20-2011 CR Title Services, Inc. P.O. BOX 16128 TUCSON, AZ 85732-6128 SHELLEY BOEK, TRUSTEE SPECIALIST Federal Law requires us to notify you that we are acting as a debt collector. If you are currently in a bankruptcy or have received a discharge in bankruptcy as to this obligation, this communication is intended for informational purposes only and is not an attempt to collect a debt in violation of the automatic stay or the discharge injunction. P857502 7/20, 7/27, 08/03/2011
July 20, 27, Aug. 3, 2011
Lake Almanor property sale
NOTICE OF TRUSTEE'S SALE T.S. No WW-247779-C Loan No 902200801 Insurer No. YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 01/23/2007. UNLESS YOU TAKE ACTION TO PROTECT 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 a state or federal credit union, or a check drawn by a state or federal savings and loan association, or savings association, or savings bank specified in Section 5102 of the Financial Code and authorized to do business in this state, will be held by the duly appointed trustee. The sale will be made; but without covenant or warranty, expressed or implied, regarding title, possession, or encumbrances, to satisfy the obligation secured by said Deed of Trust. The undersigned Trustee disclaims any liability for any incorrectness of the property address or other common designation, if any, shown herein. TRUSTOR: LESLEY MCCULLAUGH, A MARRIED WOMAN AS HER SOLE AND SEPARATE PROPERTY Recorded 01/30/2007 as Instrument No. 2007-0000777 in Book , page // of Official Records in the office of the Recorder of Plumas County, California, Date of Sale: 08/22/2011 at 11:00 A.M. Place of Sale: At the Main Street entrance to the County Courthouse, 520 Main Street, Quincy, CA 95971 Property Address is purported to be: 723 Conifer Trail Lake Almanor, CA 96137 APN#: 102-672-012-000 The total amount secured by said instrument as of the time of initial publication of this notice is $491,487.18, which includes the total amount of the unpaid balance (including accrued and unpaid interest) and reasonable estimated costs, expenses, and advances at the time of initial publication of this notice. Date: 07/18/2011 Executive Trustee Services, LLC dba ETS Services, LLC 2255 North Ontario Street, Suite 400 Burbank, CA 91504-3120 Sale Line: 714-730-2727 lleanna Petersen, TRUSTEE SALE OFFICER ASAP# 4046977 07/27/2011, 08/03/2011, 08/10/2011
July 27, Aug. 3, 10, 2011
Invitation For Bids
SEALED PROPOSALS must be delivered to the Plumas County Clerk of the Board, 520 Main Street, Room 309, Quincy, California 95971, clearly marked:
SEALED BID - ROGERS FIELD
TEE HANGAR TAXILANES
AlP NO. 3-06-0040-__
until 2:00p.m local time on August 17, 2011, at which time and place they will be opened and publicly read aloud. These proposals shall be for furnishing all labor, material, tax, transportation, equipment, and services necessary for the construction of all work covered by AlP Project No. 3-06-0040-__, Reconstruction of Tee Hangar Taxilanes, at Rogers Field, Chester, Plumas County, California.
Obtaining or Inspecting Contract Documents. Plans, specifications and other contract documents may be examined at the Facility Services Department, 198 Andy's Way, Quincy, California 95971, Telephone (530) 283-6299. The cost for each complete set of specifications and half-size plans is TWENTY DOLLARS ($20.00). The deposit is not refundable. A full set or partial set of full-size plans is available at Ellis Art Drafting & Engineering Supplies, 2030 Market Street, Redding, California, 96001, telephone (530) 244-4417. The Contractor shall be responsible for payment of the cost of these full-size drawings. Further information and Instructions for Bidders may be obtained from the County of Plumas Facility Services Department. Any questions regarding the materials contained in the Contract Documents should be directed to the Design Engineer, Reinard W. Brandley, at (916) 652-4725.
Contract Time. This work shall be constructed in accordance with details as shown on the plans and described in the specifications for this project. The construction work for this project shall be completed within thirty (30) working days.
Bidder's Bond. Bids must be from an appropriately licensed contractor, must be sealed and accompanied by cash, a certified or cashier's check, equivalent to ten percent (10%) of the proposal, payable to the order of Plumas County, to guarantee that if a proposal is accepted, a contract will be entered into and its performance secured. A Bidder's Bond to like effect and amount with a corporate surety will be acceptable for this project. Bids must be in writing and signed by or on behalf of the bidder.
Award of Contract. The contract will be awarded on the basis of UNIT BID price and will provide for progressive payments and liquidated damages as fixed in the specifications. All proposals must be made on the forms as contained in the specifications for the previously described project and shall in all respects comply with the Instructions to Bidders and Contract Documents. Bids must be in writing and signed by or on behalf of the bidder.
Bonding Requirements. The successful bidder will be required to furnish a Performance Bond for 100 percent of the contract price to secure fulfillment of all the bidder's obligations under such contract. The successful bidder will further be required to furnish a Labor and Material Bond for 100 percent of the contract price to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract.
Federal Provisions. This project is subject to the following Federal provisions, statutes and regulations as set forth in Appendix 1 of the contract documents:
¥ Equal Employment Opportunity - Executive Order 11246 and 41 CFR Part 60
¥ Goals for Minority and Female Participation - Executive Order 11246 and 41 CFR Part 60
¥ Certification of Nonsegregated Facilities - 41 CFR Part 60 - A completed and signed Certification of Nonsegregated Facilities must be submitted with the bid for this contract. This certification is included in the Bid Form.
¥ Disadvantaged Business Enterprise - 49 CFR Part 26 - The race-neutral DBE goal for this project is 4.8% of the total bid amount. Based on the Ninth Circuit Court Decision in the Western States Paving Company v. Washington State Department of Transportation, the Facility Services Department of Plumas County, Rogers Field (County) has determined that it is appropriate to use a race/gender-neutral DBE goal. The County of Plumas encourages all Contractors to take active race/gender-neutral steps to include DBEs in this and other airport contracts. Race/gender-neutral steps include the following: unbundling large contracts; identifying portions of work for subcontracting; provision of assistance in bonding and financing; technical assistance; etc. This contract can be awarded without the lowest responsive bidder meeting the goal or demonstrating good faith efforts to meet the goal.
¥ Davis-Bacon Act, as amended - 29 CFR Part 5
¥ Debarment, Suspension, Ineligibility and Voluntary Exclusion - 49 CFR Part 29 - A completed and signed Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion must be submitted with the bid for this contract. This certification is included in the Bid Form.
¥ Foreign Trade Restriction - 49 CFR Part 30 - A completed and signed Certification Regarding Trade Restriction Clause must be submitted with the bid for this contract. This certification is included in the Bid Form.
¥ Buy American Certificate - Aviation and Safety Capacity Act of 1990 - This contract is subject to the "Buy American" preferences of the Aviation Safety and Capacity Act of 1990. Per Title 49 U.S.C. Section 50101, all steel and manufactured products installed under an AlP assisted project must be produced in the United States unless the Federal Aviation Administration has granted a formal waiver. As a condition of bid responsiveness, bidders must indicate whether it intends to meet Buy American preferences by only installing steel and manufactured products produced within the United States of America; or if it intends to seek a permissible waiver to the Buy American preferences - See certification included in the Bid Form.
Wage Requirements. Pursuant to Section 1770, and following, of the California Labor Code, the Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are on file at the Plumas County Facility Services Department, Quincy, California, which copies shall be made available to any interested party on request.
All labor on the project shall be paid the higher of the minimum wage rates as established by the U.S. Secretary of Labor, or the California Director of Industrial Relations. If a discrepancy exists between these two determinations, then all labor on the project shall be paid the higher of the two minimum wage rates.
Pre-Bid Conference. The County shall conduct a pre-bid conference on August 11, 2011, at 10:00 a.m. at the following location: Rogers Field, Chester, California. All interested bidders are invited to attend. If desired the Contractor will be allowed to inspect the project at that time.
Retainage from Payments. Monthly progress payments shall be made to the Contractor for the value of the work completed during the preceding month, less a ten percent (10%) security withhold.
Pursuant to Government Code Section 4590, at the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the County or with a state or federally chartered bank as the escrow agent, who shall pay such monies to the Contractor upon satisfactory completion of the contract. Securities eligible for investment under this section shall include those listed in Government Code Section 16430 or bank or savings and loan certificates of deposit. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.
Contractor's License Classification. No bid will be accepted from a contractor who has not been licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions Code. A Class "A" license is required for this contract.
Each bidder must supply all the information required by the bid documents and specifications.
Plumas County reserves the right to reject any and/or all bids or to utilize any alternate procedures as authorized by California Public Contracts Code Sections 20166 and 20167, and accept such bids as are to the best interest of the County. No bidder may withdraw his/her bid for a period of sixty (60) days after the date set for the opening thereof.
Date: July 27, 2011
July 27, Aug. 3, 10, 2011
Park Hill Drive,
Lake Almanor property sale
NOTICE OF TRUSTEE'S SALE TS No. 11-0027983 Title Order No. 110179290 Investor/Insurer No. APN No. 104-421-005-000 YOU ARE IN DEFAULT UNDER A DEED OF TRUST, DATED 09/02/2003. UNLESS YOU TAKE ACTION TO PROTECT 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." Notice is hereby given that RECONTRUST COMPANY, N.A., as duly appointed trustee pursuant to the Deed of Trust executed by MIRIAM ROSENTHAL, AN UNMARRIED WOMAN, dated 09/02/2003 and recorded 09/11/03, as Instrument No. 2003-0010877, in Book , Page ), of Official Records in the office of the County Recorder of Plumas County, State of California, will sell on 08/24/2011 at 11:00AM, At the Main Street entrance to the County Courthouse, 520 Main Street, Quincy, CA 95971 at public auction, to the highest bidder for cash or check as described below, payable in full at time of sale, all right, title, and interest conveyed to and now held by it under said Deed of Trust, in the property situated in said County and State and as more fully described in the above referenced Deed of Trust. The street address and other common designation, if any, of the real property described above is purported to be: 3505 PARK HILL DRIVE, LAKE ALMANOR, CA, 961379716. The undersigned Trustee disclaims any liability for any incorrectness of the street address and other common designation, if any, shown herein. The total amount of the unpaid balance with interest thereon of the obligation secured by the property to be sold plus reasonable estimated costs, expenses and advances at the time of the initial publication of the Notice of Sale is $144,956.65. It is possible that at the time of sale the opening bid may be less than the total indebtedness due. In addition to cash, the Trustee will accept cashier's checks 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 savings and loan association, savings association, or savings bank specified in Section 5102 of the Financial Code and authorized to do business in this state. Said sale will be made, in an ''AS IS'' condition, but without covenant or warranty, express or implied, regarding title, possession or encumbrances, to satisfy the indebtedness secured by said Deed of Trust, advances thereunder, with interest as provided, and the unpaid principal of the Note secured by said Deed of Trust with interest thereon as provided in said Note, plus fees, charges and expenses of the Trustee and of the trusts created by said Deed of Trust. DATED: 07/28/2011 RECONTRUST COMPANY, N.A. 1800 Tapo Canyon Rd., CA6-914-01-94 SIMI VALLEY, CA 93063 Phone: (800) 281 8219, Sale Information (626) 927-4399 By: - Trustee's Sale Officer RECONTRUST COMPANY, N.A. is a debt collector attempting to collect a debt. Any information obtained will be used for that purpose. ASAP# FNMA4039610 08/03/2011, 08/10/2011, 08/17/2011
Aug. 3, 10, 17, 2011
Notice Of Election
And Filing Dates
NOTICE IS HEREBY GIVEN, in accordance with the provisions of the Uniform District Election Law of the State of California (commencing with Section 10500, et seq.) that a General District election will be held on Tuesday, NOVEMBER 8, 2011, for the purpose of electing members to the following Boards of Directors:
Hamilton Branch Fire District; Peninsula Fire District; Prattville - Almanor Fire District; Chester Public Utilities District; Hamilton Branch Community Services District; West Almanor Community Services District; Almanor Recreation and Park District.
NOTICE IS FURTHER GIVEN, that Declaration of Candidacy forms for eligible candidates may be obtained from the office of the Plumas County Clerk at 520 Main Street Room 102, Quincy and district secretaries beginning July 18, 2011. The filing period is from July 18, 2011 through August 12, 2011 at the hour of 5:00 p.m., in the office of the County Clerk. Deadline for withdrawal of declarations is August 12, 2011 by 5:00 p.m. Pursuant to Elections Code Section 13307, a candidate may withdraw (but not change) his/her Candidates Statement of Qualifications on or before August 15, 2011 by 5:00 p.m.
Qualified candidates for the Board of Directors shall be registered voters residing in the District pursuant to the following codes:
Fire Protection Districts - Section 13841 of the California Health and Safety Code
Community Services Districts - Section 61200 of the Government Code
Recreation and Park Districts - Section 5522 of the Public Resource Code
NOTICE IS FURTHER GIVEN, if by the close of the filing period, only one person has filed a declaration of candidacy for any elective office to be filled at that election or; a signed petition requesting that the General District election be held has not been presented to the County Clerk for filing, then a certification shall be submitted to the supervising authority - the Board of Supervisors, authorizing them to certify the appointments to the offices as declared. If no person files a declaration of candidacy for an office to be voted upon, the Board of Supervisors shall appoint a person qualified to hold office on November 8, 2011 or at a regular or special meeting held prior to December 2, 2011. The person appointed shall take office and serve exactly as if elected at a general district election for the office.
Additional information: (530) 283-6256 or 283-6129
Or contact the secretary of your district
PLUMAS COUNTY CLERK-RECORDER
DATED: June 2, 2011
July 13 and August 3, 2011
Opportunity to Comment on the Humbug Summit and Panther Springs Remote Automated Weather Station Installation
The Almanor Ranger District of the Lassen National Forest is re-initiating scoping for the proposed Humbug Summit and Panther Springs Remote Automated Weather Station (RAWS) Installation project. The Lassen National Forest (LNF) uses a network of strategically placed RAWS to acquire real-time and historical weather data used in computer models that predict fire danger and fire behavior potential. Collected data is also used in predictions to assist managers in determining when and to what extent project operations that involve machines can operate, when prescribed burning operations are appropriate, and in wildfire management suppression operations. The LNF proposes to install two permanent RAWS at separate locations within the Almanor Ranger District to fill relatively large geographical gaps in the existing network of weather stations. The proposed sites for each RAWS are Humbug Summit in Plumas County and near Panther Springs in Tehama County. In addition, the LNF proposes to correct deficiencies at the Chester RAWS site to bring the site to standards for windspeed data collection and monitoring.
Comments on the proposed action and identification of any issues are requested. An issue is a point of discussion, debate, or dispute about the anticipated effects from this proposed action. Comments submitted in response to this scoping notice do not fulfill the requirement to submit comments per Code of Federal Regulations 215.6 in order to be eligible to appeal this project. The 30-day opportunity to comment will be at a later date.
Comments may be submitted to: Alfred G. Vazquez, District Ranger, Almanor Ranger District, P.O. Box 767, Chester, CA 96020; or by telephone to (530) 258-2141 or (530) 258-5194 (fax) during normal business hours. Almanor Ranger District business hours are from 8:00 a.m. to 4:30 p.m., Monday through Friday. Electronic comments, in acceptable plain text (.txt) or rich text (.rtf), or Word (.doc) formats may be submitted to: email@example.com using Subject: Humbug Summit and Panther Springs RAWS Installation. Written responses are requested by September 2, 2011.
A decision regarding this proposal is expected in November, 2011. For more information on the project, please contact Matt Cerney, Fuels Planning Officer, by phone at (530) 258-2141 or by email at firstname.lastname@example.org.
Aug. 3, 2011
Notice Of Realty Action
U.S. Department of the Interior
National Park Service
Notice of Realty Action is hereby given for a proposed exchange of an easement over Federally-owned land for water rights owned or claimed by Verda F. Lee, Trustee of the Lee Family Marital Trust dated April 11, 2001, David K. Lee, Gregory B. Lee, and Lizette I. Tennison (hereinafter "Lees") within the Lassen Volcanic National Park (hereinafter "Park"), Plumas County, California. The authority for this exchange is Public Law 70-320, April 26, 1928 (45 Stat. 463).
Lees hold California Licenses for Diversion and Use of Water (License) Nos. 2023 and 2024 for domestic use and irrigation between May 1st and November 1st of each year. License No. 2023 authorizes the use of 0.17 cubic feet per second ("cfs") from Kings Creek and 0.20 cfs from Cold Spring. License No. 2024 authorizes the use of 0.25 cfs from Sunflower Flat (Juniper) Creek. The points of diversion for each of the water sources (Sunflower Flat Creek, Kings Creek and Cold Spring) are within the Park boundary. The land for which the water use is authorized is outside the Park boundary.
The purpose of the exchange is to: 1) Create a non-vehicular access easement for Lees to maintain existing water-related improvements at Cold Spring and Sunflower Flat Creek within the Park boundary; and 2) transfer to the United States of America ("USA") all of Lees' water-related claims, rights and interests to and from Kings Creek within the boundary of the Park.
1. An easement over the following described Federal land has been determined to be suitable for disposal by exchange:
A) Easement No. 1: A non-vehicular access easement to the points of diversion on Sunflower Flat Creek as described in License No. 2024, along with a right of way for conveyance of water, being a strip of land, variable in width, located in the Northeast One Quarter of Section 30, Township 30 North, Range 6 East, Mount Diablo Meridian, Plumas County, California.
B) Easement No. 2: A non-vehicular access easement to the point of diversion on Cold Spring as described in License No. 2023, along with a right of way for conveyance of water, being a strip of land, variable in width, located in the Northwest One Quarter of Section 29, and the Northeast One Quarter of Section 30, Township 30 North, Range 6 East, Mount Diablo Meridian, Plumas County, California.
Said easements within the boundary of the Park are designated as Lassen Volcanic NP Tract 01-173. The above described easements will be quitclaimed to Lees by the USA. The USA will remain the fee owner of the land subject to Lees' easement interest. These easements will be the sole and exclusive location for access to water rights at Cold Spring and Sunflower Flat Creek pursuant to Licenses 2023 and 2024 within the Park.
The selected Federal land is, and will remain, within the boundary of the Park, but will be subject to Lees' easement interests. The land has been surveyed for endangered and threatened species and cultural resources as appropriate.
2. In exchange for the interests identified in Paragraph 1, the USA will acquire from Lees any and all claims, rights and interests they have or may have to water in and from Kings Creek within the boundary of Park, to wit:
A) A pre-1914 appropriative water claim recorded in the State of California, Plumas County, Book 3 of Water Claims, Page 67, for the diversion and use of 500 miner's inches of water from the right bank of Kings Creek, Plumas County, California within the boundary of the Park and designated as Lassen Volcanic NP Tract 01-174.
B) Any and all rights or claims of right to divert water, from point of diversion inside the Park boundary, from Cold Spring, including but not limited to riparian rights or pre-1914 claims (this does NOT affect Lee's right to divert and use water from Cold Spring pursuant to License No. 2023).
C) Any and all rights or claims of right to divert water, from point of diversion inside the Park boundary, from Sunflower Flat Creek, including but not limited to riparian rights or pre-1914 claims (this does NOT affect Lee's right to divert and use water from Sunflower Flat Creek pursuant to License No. 2024).
D) Any right or claim of right to divert, from point of diversion located inside the Park boundary, water from Kings Creek, pursuant to ownership of lands riparian to Kings Creek located outside the Park boundary (this does NOT affect Lee's ability to divert water pursuant to a riparian right outside the boundary of the Park).
3. The following shall be relinquished by Lees to the State of California:
That portion of License No. 2023 authorizing diversion and use of the waters of Kings Creek, Plumas County, California, within the boundary of the Park. License No. 2023 also authorizes use of water from Cold Spring. This relinquishment applies ONLY to the diversion and use of water from Kings Creek, and does NOT affect Lees' authorization to divert water from Cold Spring pursuant to License No. 2023.
4. The following shall be declared abandoned by Lees:
A) Any right or claim of right to withdraw groundwater, whether percolating or part of an underground stream, with point of withdrawal located within the boundary of the Park.
B) Any right or claim of right for a right of way located within the Park to divert, pump, pipe, or convey water from Kings Creek to any of Lees' properties located outside Park boundary, including any diversion or conveyance associated with License No. 2023 or associated with the claim set forth in paragraph 2.A), above.
C) Any right or claim of right for a right of way located within Park boundary and not located within the permanent access easements conveyed to Lees within this agreement, to divert, pump, pipe, or convey water from Cold Spring or Sunflower Flat Creek.
Conveyance of the above-described water rights, asserted rights, and claims, will be by quitclaim deed. Interests being relinquished or transferred to NPS within the boundary of the Park are designated as Lassen Volcanic NP Tract 01-174.
The value of the lands to be exchanged shall be determined pursuant to 49 C.F.R. 24, Subpart B, ¤ 24.102(c)(2) and, if appropriate, shall be equalized by payment of cash as circumstances require.
A Land Protection Assessment and all required evidence of environmental compliance under the National Environmental Policy Act (NEPA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) will be prepared and completed prior to the exchange.
A copy of this Notice, map of the affected area, the surveyed metes and bounds legal description, and natural and cultural resource reports are available at http://parkplanning.nps.gov/parkHome.cfm?parkID=319, or upon written request. Any questions regarding this exchange proposal should be addressed in writing to the following point of contact:
Chief, Pacific Land Resources Program Center
Pacific West Region, National Park Service
1111 Jackson Street, Suite 700
Oakland, California 94607
For a period of 45 calendar days from the first date of publication of this Notice, interested parties may submit comments to the above addressee. Adverse comments will be evaluated and this action may be modified or vacated accordingly. In the absence of any action to modify or vacate, this Realty Action will become the final determination of the Department of the Interior.
Dated this 4th day of August, 2011.
Signed: Gregory F. Gress
Chief, Pacific Land Resources Program Center
Pacific West Region
Aug. 3, 10, 17, 2011