HomeMy WebLinkAboutLetter from Susan Hegedus - Casa Del Rey subdivision Susan Hegedus
4514 Sierra Del Sol
Paradise, California 95969
(530)872-0877 smhegedus@comeast.net
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June 4,2008 AIN
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The Honorable Kim Yamaguchi
Supervisor, Fifth District
County of Butte
25 County Center Drive
Oroville, California 95965
Re•Planning Commission Order to Comply#08-24
Dear Supervisor Yamaguchi,
I am writing to you as a resident of the Fifth Supervisorial District in Butte County and as
a resident and property owner in the Casa Del Rey subdivision. As you know, this
subdivision overlooks Dry Creek Canyon. Within that canyon, and within visual site of
the Casa Del Rey subdivision, is a mining operation known as the New Era Mine.
During the past few months, the New Era Mine has significantly expanded their
operations. A review by county staff of their permit and operations found them to be
operating significantly beyond the limited scope of their permit. County staff prepared
findings and an Order to comply and directed the operation to cease and desist last
December.
The matter was heard by the Butte County Planning Commission this spring. The
Planning Commission issued an Order to Comply (Resolution 08-24) to the New Era
Mine and found that the mine operation was out of compliance with their mining permit,
Pen-nit #81-135. Unfortunately, the Planning Commission also determined the mine
operation could continue at levels exceeding their permit while seeking to comply with
the order.
Evidently, there are a number of appeals regarding the Planning Commission's action;
one filed by the applicant and several filed by property owners. Several property owners
within the Casa Del Rey subdivision are appellants. It is my understanding that the
mining operation is appealing the requirements that they actually obtain the necessary
permits and environmental review to do the work they are doing. Their permit limits
them to removing 20 cubic yards of material a day and they are removing, as I understand
it, approximately 200 times that amount. It is outrageous that they can continue to thumb
their nose at the County and the permitting processes under California law.
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It is further my understanding that the Board of Supervisors will hear the appeals on
Resolution 08-24 on Tuesday, June 10, 2008. As our representative on the Board of
Supervisors, I am asking that you take the following actions:
1. Deny the appeal. of the New Era Mine and demand that they immediately
come into compliance with their existing permit and that they perform the
necessary application and environmental review process to renew or expand
their permit. This would require the mining operation to limit their removal of
materials to no more than 20 cubic yards per day until a new permit is issued;
2. Require that a complete Environmental Impact Report (EIR) be prepared fully
exploring, identifying and providing on-gong mitigation for any and all
environmental impacts of a new or expanded mining operation;
3. Require full and complete compliance with the Surface and Mining
Reclamation Action.(SMARA); and
4. Require the New Era Mine to fully fund, in advance, appropriate levels of
compliance monitoring by an independent third party to ensure they remain in
compliance with their existing permit and any future renewal or expansion of
their mining activities.
I realize that the New Era Mine has a right to operate under their existing permit and do
not question that. They do not, however, have the right to expand their operations
beyond that permit and have continued to do so even after findings by Butte County staff
that they are out of compliance with their permit. By enabling the mining operation to
continue those expanded operations while applying for a new permit, the Planning
Commission has exceeded its authority and ignored facts presented to them. This is
intolerable and illegal.
I would appreciate your quickest attention to this matter and your vigorous representation
of the many homeowners and taxpayers who live in the vicinity of this mining operation.
I would also appreciate it if you could ensure that I continue to receive a copy of every
document entered into the file of this application.
Thank you in advance for your attention.
Sincerely,
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Susan Hegedus
Cc: Members,Board of Supervisors
Tim Snelling, Development Services Director
C. Brian Haddix, Chief Administrative Officer and Clerk to the Board