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HomeMy WebLinkAboutLetter from H Speigel & B Hoover - New Era Mine BOARD OF SUPERVISORS To: Butte County SupervisorsUnnelly, nDolan,Josiasse ,Kirk,and Yamaguchi JUN 0 5 2008 From: Harriet Spiegel,Ph.D. -'� OROVILI.E Ben Hoover,Ph.D. . CALIFpRNIA Date: 2 June 2008 Re: New Era Mine in Dry Creek Canyon and Planning Commission Resolution 08-24 We have been Dry Creek Canyon residents for almost twenty years. We moved here directly from the East Coast;indeed our delight at finding this lovely rural community was a major factor in our decision to relocate here.Now,while we are gratified to be among neighbors united in our common interests,we wish to join them in presenting to you our urgent concern about the New Era Mine and its impact on our environment and the continued livability of this Canyon.We are song not to be able to attend the Hearing, but we have family commitments in Oregon that week. Our major points,which will be supported below,are as follows: Above all,the New Era Mine must immediately meet legal requirements. And all operation that does NOT meet immediate legal stipulations must be terminated until such time as the mine is in compliance. L At a minimum, the original Permit(81-135)should be in effect and enforced. IL Since the scope of the current operation so clearly exceeds the stipulations of the original Permit, operations most either return to that stipulated by the Permit 81-135 or cease until such time as a new Permit is issued. III. Before a new Permit can be issued,one which takes into consideration the scope of the current operation,an Environmental Impact Report must be required Anything less is illegal and endangers the livability of the Canyon. L If the New Era Mine is operating under any Permit at all,it is that which was issued in 1982. Yet New Era is in flagrant violation of this original Permit.The original permit clearly and unequivocally stated that the operation was to be limited to 20 cubic yards of native material per day;the record on this is "consistently unambiguous"(Butte County Planning Department Staff Report for the March 13s`Planning Commission). The initial Order to Comply(February 08)stipulates that the Mine must operate within the limits of Permit 81-135,including the limitation of 20 cubic yards per day. The Mine is clearly in violation of this Order;the Mine is clearly in violation of Permit 81-135(see Planning Commission Resolution 08-24, Finding C). H. Since the Mine is not in compliance with the original Permit,it is not operating under any legal permit and should not be operating at all. If the Mine proposes to emend this Permit,it cannot continue to operate until additional conditions are met: "An amended reclamation plan shall be approved by the lead agency prior to the commencement of activities determined to be a substantial deviation from the approved plan."(California Code of Regulations Title 14,Chapter 8,Article 1,Section 3502(d)). HL Given the current scope of the Mining Operation,an emended or new Permit must be required. In addition, an Environmental Impact Report must be submitted and the environmental impact must be considered before any mining activity should resume. CEQA 15064:"Determining the Significance of the Environmental Effects Caused by a Project"is explicit in this regard: (a)(1)If there is substantial evidence,in light of the whole record before a lead agency,that a project may have a significant effect on the environment,the agency shall prepare a draft EIR. We have the requisite substantial evidence---.Hydrologist Steven Deverel,Ph.D.,of Hydrofocus,Davis, CA, articulates specific concerns regarding Dry Creek and possible impact on our water supply: Any action that alters the driving force for spring flow,that is the difference in groundwater surface elevations at some distance from the springs could affect flow from springs. Excavation of the New Era formation or additional drainage,dewatering or groundwater pumping at the mine site can cause pressure decreases in the Tuscan formation. Excavation at the New Era mine site can remove the slowly permeable deposits of the New Era formation and replace them with more permeable reclaimed unconsolidated sediments thus allowing water to drain from the overlying Tuscan formation. This drainage may result in a decrease in the groundwater level in the Tuscan formation and reduce flow in nearby springs. Pumping from dewatering wells that may be employed to facilitate tunneling or draining of pits or excavations can cause a similar effect Every home in this Canyon depends on either spring or well water for our drinking water. It is almost unthinkable that a project such as the Mine be undertaken without a thorough investigation of the effects on our clean water supply. CEQA 15064(f)(5)Argument,speculation,unsubstantiated opinion or narrative, or evidence that is clearly inaccurate or erroneous,or evidence that is not credible,shall not constitute substantial evidence.Substantial evidence shall include facts,reasonable assumptions predicated upon facts,and expert opinion supported by facts. We urge our Supervisors to take the time necessary to find and ascertain facts and not be persuaded by pushy operators with their own agenda. This leads directly to the next provision: CEQA 15064(g) After application of the principles set forth above......and in marginal cases where it is not clear whether there is substantial evidence that a project may have a significant effect on the environment,the lead agency shall be guided by the following principle:If there is disagreement among expert opinion supported by facts over the significance of an effect on the environment,the Lead Agency shall treat the effect as significant and shall prepare an EIR. The Mining Operation has already had considerable negative impact on our lives. Massive trucks,much larger than the capacity of the road(a common road whose upkeep the canyon residents share)speed down the narrow gravel road,endangering walkers and cars and filling our lives with dust and noise. Additionally,many of us who have long enjoyed walking and jogging along Dry Creek Road,have been ordered off the road as it passes through the Mine. One neighbor even received a threatening letter from the miners'attorneys ordering her not to trespass on"their"road. We could just as easily deny the Logans and Miners access to"our"section of the road,I presume. In sum,my husband and I hope we have not imposed on your time too much if some of our arguments repeat those of our neighbors. We are all extremely concerned about how the New Era Mining operations may effect our lives,including making it impossible(if,for example,our water supply is compromised)for us to continue to live here. Since we are requesting an EIR before mining continues,I would imagine that if the Mining does continue without an EIR and our water supply is compromised or other environmental effects destroy the livability of this Canyon,I would certainly think we would have ample bases for law suits. None of us wants to see this result,of course. We love our Canyon. We urge our County Supervisors to proceed with all due caution and to demand: 1)A thorough Environmental Impact Report 2)Cessation of mining operations until such an EIR confirms that the ERA mine will have no negative environmental impact on the Canyon and its residents. Thank you very much for your time and consideration.