HomeMy WebLinkAboutUP 81-135 000-000-000Appeal of the Planning Commission Decision on New Era Mine UP 81-135
l.Planning Commission made no decision on the pen -nit being "lapsed"
We have argued, and will argue, that the county staff was correct in their statement, in the
Dec. 20,2007 Notice of Violation "the current operation exceeds the scope of UP81-135
and, more importantly, UP 81-135 is no longer considered a valid permit. Itis our
determination that the UP 81435 has lapsed."
2.The Planning Commission's decision was hopelessly vague in that:
A. At -least one of the commissioners was convinced they had allowed the
mine to operate at the agreed upon rate. of extraction of UP -81-135 of
20 cubic yards of native soil a day; in the interim before the amendment
to the permit was approved.
B. The decision does not sufficiently address the mitigations required for
the environmental impacts of the increase in°scale of the new operation.
C. The decision allows for no standard from which the impact can be
determined.
3. The planning Commission did not conduct a thorough review of th&evidence
submitted. They.•accepted the assertions of the proponents of the mine as true with no
investigation of their honafides.
4.There is not sufficient evidence to support the decision of the Planning Commission
5.The Environmental Impacts of this project have.not been addressed:
A. There is no provision for CEQA review
B. The neighbors -concern for the springs used for household water has not been
addressed. The requested indemnification as to the loss of this resource has
not been addressed.
C. The health of Dry Creek is not addressed either in quality or'gtiantity.
D. No provisions for noise and dust pollution
E. Traffic on the Private Road that is Dry Creek Road is not addressed.
We plan to submit a more detailed appeal within the 30 day period alluded to in the
Planning Commission Agenda for April 10, 2008. This appeal does, not limit the scope of
that planned appeal.
RUTH COUW
ADMINISTRATION
APR - 6 2008
OL� S ®ROVILLE, CALIFORNIA
�_i
0
•
•
r