HomeMy WebLinkAboutLegal Notice from Law Office of Richard Harriman 10.26.08 Law Offices of
Richard L. Harriman
341 Flume Street
Chico, California 95928
Telephone: (530) 343-1386
Facsimile: (530) 983-1035
Email: harrimanlaw I(&sbe-lobal.net
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October 26, 2008
VIA U.S. MAIL
C. Brian Haddix
Clerk
Board of Supervisors
County of Butte
25 County Center Drive
Oroville, California 95965
Re: Butte Environmental Council v. County of Butte
Project Title: Proposition 50: Tuscan Aquifer Monitoring, Recharge and
Data Management Project
Approval and Adoption of Negative Declaration
State Clearinghouse Number: 4 2008082040
Hearing Date: September 23, 2008
Notice of Determination Filed: September 26, 2008
Notice of Intent to File Suit Stating Claims Under
the California Environmental Quality Act (CEQA)
[Pursuant to Public Resources Code (PRC) Section 21167.5]
Request for Special Written Notice
enfle'nersons:
This letter is served upon the County of Butte, pursuant to Section 21167.5 of the
California Public Resources Code (PRC), to give formal legal notice that the Butte
Environmental Council (BEC), a California non-profit public benefit corporation, will be filing
suit against the County of Butte and the Butte County Board of Supervisors to compel the County
of Butte to vacate, set aside., void, rescind, and annul the findings, decision, and action approving
and adopting the Initial Study/Negative Declaration for the above-referenced project [SCH 4
2008082040]. The final action was taken by the Board of Supervisors on September 231, 2008,
and the Notice of Determination was filed with the County Clerk on September 26, 2008.
This legal action will be based upon the legal inadequacy of the above-referenced
environmental review document, pursuant to the California Environmental Quality Act (CEQA)
[PRC section 21000 el seq.] and the CEQA Guidelines [California Code of Regulations (CCR),
1
Title 14, Section 15000 el seq.] and upon violations of the State Planning and Zoning Act I Govt.
C. section 653100 et sect.], as set forth in the administrative record.
In addition, please take notice that Petitioners will be seeking an award of reasonable
attorney's fees and costs from the City, pursuant to California Code of Civil Procedure section
1021.5 and Government Code section 800.
Request for Special Written Notice
Please give special written notice to the undersigned of any public hearing, meetin(', or
workshop at which the County proposes to consider an action to de-certify or, otherwise void,
rescind, annul, vacate, and/or set aside the decisions, actions, and/or approvals referred to
hereinabove and/or for any public hearing, public meeting, and/or workshop to be held before the
County Planning Director, Planning Commission. or Board Of Supervisors to modify, change, or
amend the above-referenced decisions and/or actions.
Finally, Petitioners requests written notice and copies of any application filed by the
project applicant for any Strearribed Alternation Agreement, excavation or grading permit,
building permit, Clean Water Act Section 404 permit, incidental take permit pursuant to the
Federal Endangered Species Act and/or the California Endangered Species Act, and/or any and
all other applications with local. County, State, and/or Federal Agencies regarding applications or
actions to proceed with the above-referenced Project.
Please provide the above-mentioned written notice and copies to the undersigned at the
office address on the letterhead above and to Petitioner at the following address:
Barbara Vlamis
Executive Director
Butte Environmental Council
116 East Second Street
Chico, CA 95928
Please -11fi)rm mo olfthccost Io provide- the above-rrLrepced pLiblic documents at-your
earliest convenience, so that I may plan to bring a business check to pay for the copies when I
pick them up.
Thank you for your anticipated cooperation with the foregoing requests for special notice
and copies of public documents.
Very truly yours,
el" C"
RICHARD L HARRIMAN
Attorney for Petitioner
cc: Clients
RLH/hr
2
PROOF OF SERVICE
(Code Civ. Proc., §§ 1013a, 2015)
STATE OF CALIFORNIA, COUNTY OF BUTTF
I am employed in the County of Butte, State of California. I am over the age of 18 and not
a party to the within action, my business address is 341 Flume Street, Chico., California 95928.
On October 26, 2008, 1 served the following document(s) described as:
PETITIONER"S NOTICE TO THE CLERK OFTIIFBOARD OF SUPERVISORS
OFINTENTTO FILE SUIT ALLEGING CLAIMS UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, PURSUANT -1-0 PUBLIC RESOURCES
CODE SECTION 21167.5
X I By U.S. Mail by placing a true and correct copy of the above-referenced document in an
envelope with postage prepaid in the mail at the U.S. Postal Service facility at Main Post
Office, California addressed as follows:
C. Brian I laddix
Clerk
Board of Supervisors
County of Butte
25 County Center Drive
Oroville, CA 95965
1 declare tinder penalty of perjury under the laws of the State of California that the above
is true and correct and is executed on October 26.1 2008 at Chico, California.
41CLHARD L.�HARRI AN