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HomeMy WebLinkAboutE-mail from R Huffman 11.1910 - Potential Legal Challenge from BEC Moghannam, Kathleen From: Bennett, Robin Sent: Friday, November 19, 2010 8:57 AM To: Hahn, Paul; Moghannam, Kathleen Cc: Alpert, Bruce; McGie, Elizabeth Subject: FW: Potential Legal Challenge to Butte County General Plan 2030 Attachments: BCGPChallengeRequest.pdf FYI, see below and attachment. BOARD OF StiPERViSORS R.,o&n gexxett, NOV 19 2010 E,recuti✓e,4ssistaki.t To supervisorlCihs )'avugguchi OROVILLE,CALIFORNIA ,5th District O f fxe, Oouvs,ty of Butte ,�z Elliott rzoad PR,-,gdise, 0--4 906� (530) 8�2-6304 rbem/tiett�E7GCtteGOLIl�t tL/.YGet From: Robin Huffman jmailto:rafhOcomcast.netl Sent: Friday, November 19, 2010 8:26 AM To: Kirk, Maureen; Dolan, Jane; Connelly, Bill; 4, District; Yamaguchi, Kinn; Breedon, Dan; Snellings, Tim; Gosselin, Paul; Newlin, Vickie Cc: Richard Harriman; Jim Gregg Subject: Potential Legal Challenge to Butte County General Plan 2030 Attached is a heads up that the BEC Board is making a community request for funds for challenging the Butte County General Plan 2030. I would like to continue to talk with any or all of you regarding the need for a legal challenge and what might be done to avoid it. The BEC Board prefers not to proceed in this manner; however, the county is not being careful enough with water resources in certain areas of the county. There is too much sprawl and loss of open space and grazing areas in the land use map and probable zoning. The zoning ETR will tier off the General Plan EIR, and that is one reason that the community must go forward now to protect private property and community interests. Waiting to challenge each project would be insane, and there would be no opportunity to look at cumulative effects. We've been saying these things all along the process, with not enough success, and now we must insist that the cumulative effects are taken into account for water resources in the general plan 2030. Many of the alarming land use changes (and proposed zoning changes) appeared close to the Oct. 26 adoption date of the Butte County General Plan Update 2030, and BEC is weary of the county's list of"mistakes" adding to those land use changes. The BEC Board would like Butte County do the studies needed or to take a more conservative and precautionary approach to land use, water use, and air quality in the county. We want the land use map to match the principles stated in the general plan 2030,that is, to direct most of the growth to the areas that the county knows have water and which are not sprawling or spreading out into the best lands for viable agricultural operations. The changes of land uses, and probable zoning sizes in areas dependent on fractured rock aquifers and areas known to have problematic wells is irresponsible. Yankee Hill and Butte Valley are cases in point. I am available for appointments to discuss this matter with you. I can be reached at 680-3991. r � Robin z 11/18/10 Potential Legal Challenge to Butte County General Plan 2030 Butte On Sunday,November 14, a committed group of Butte County residents who have been Environmental active in the general plan update process and who are concerned about the effect of the Council Butte County General Plan 2030 on water resources met with Butte Environmental Council Board members, BEC's Advocacy Director, and Chico environmental attorney Richard Harriman to discuss legal action over the Butte County General Plan 2030. The general plan was recently adopted by the Board of Supervisors and includes many land - -- use changes around Chico, Paradise, Oroville, Biggs, Gridley, and rural areas like Yankee . Hill, Butte Valley, and Butte Creek Canyon. After approximately two hours of considering the pros and cons of going forward with a lawsuit, we unanimously found that such a challenge needs to occur at this time. For more 11G W.Second Street,Suite 3 detail,please contact BEC Advocacy Director Robin Huffman at BEC or on her cell Chico,CA 95928(534)891-6424phone at(530) 680-3991. (534)891.6426 FAX The lawsuit would focus on the failure of the County to disclose, analyze, and consider >r�v<vbecnet.org the cumulative adverse impacts to groundwater of all of the development identified in the Land Use Element of the General Plan, which is a violation of the California Activities and Events Environmental Quality Act ("CEQA"). More importantly,your access to water is at risk. Environmental Advocacy Environmental Education Time is of the essence. In order to file a lawsuit in time, we shall need to declare our Groundwater protection Endangered Species Faire intent on or before Monday,November 29, 2010. Once committed, we need to be Bidwell Park Cleanups prepared to follow through. Mr. Harriman has been in contact with excellent CEQA and Chico Area Creek Cleanups water law attorneys, and in order to proceed we need to raise at least$10,000 for the Recycling Referrals attorneys, $370 for the Court filing fee, and$1,500-2,500 for the preparation of the Welands Preservation Administrative Record. Staff So far individuals have pledged or given a total of$1,400; however, this is not yet enough Nikki Schlaishunt to proceed. We need to raise an additional $10,000 to ensure Butte County follows the Administrative Director law and protects your access to water in the future. The BEC Board has agreed to accept Robin Huffman donations,which are tax-deductible,to be held specifically for this legal challenge. Advocacy Director Mary Muchowski Therefore, we are appealing to you(especially to those of you dependent on groundwater) Education&Outreach Coorqfnator to contribute to this litigation fund, and we invite you to give to your fullest potential, Maggi Barry whatever that may be. Any amount you can contribute to the "Butte Environmental OftettaacgerIE&OAssstanf Council: Legal Defense Fund" - from $5 to $500 to $1,000 or more - will enable us to proceed with this vital lawsuit. if your well is in an at risk area,joining this case now is Jim Gregg,Chair Board Directors strongly advised. Creeks and riparian areas are also at risk, and we stand up for nature. Pamela Posey,Secretary Mark Stemen,Treasurer To mare your tax deductible contribution or pledge, please contact the BEC office at Crystal Durham (530) 891-6424. Contributions can be delivered to: Butte Environmental Council Mike McLaughlin 116 W. 2nd St., Ste. 3, Chico, CA 95928 John Scott Many of you have worked tirelessly for years to protect our beautiful environment here in Butte County. We are so grateful for the work you have done and continue to do. We could not do what we do without you. Many of BEC's accomplishments have resulted from legal challenges. Every step of the way BEC advocates have been making a difference; yet, Butte County is not being careful enough with our water resources, and so we must appeal to you to help us take the necessary step at this critical time.