HomeMy WebLinkAboutLetter from Susan Whittlesey 06.04.08 - Reso 08-24 n
June 4, 2008
Honored Supervisors Connelly,Dolan,Josiassen,Kirk,and Yamaguchi:
I would like to comment on the requirement in Resolution 08-24 that North Continent
Land and Timber, Inc. apply for an amended permit and reclamation plan to operate the
New Era Mine. This is an absolutely essential action. A new permit and reclamation plan
would be even more appropriate. The current operation exceeds the scope of disturbance
that could have been reclaimed through the 1982 reclamation plan. Beyond the reasons
delineated in the Resolution(pages 14—20),1 will provide some additional reasoning as
to the nature of this substantial deviation.
The scope of the current operation has substantially deviated from the approved Mining
and Reclamation Permit 81-135 Reclamation Plan. The end use,broadly defined as "plant
native to area,"is significantly affected by the change in scale of the operation.
According to California Code of Regulations Title 14, Chapter 8,Article 1, Section
3502(d),"A substantial deviation shall be defined as a change or expansion to a surface
mining operation that substantially affects the completion of the previously approved
reclamation plan,or that changes the end use of the approved plan to the extent that the
scope of the reclamation required for the surface mining operation is substantially
changed.—A lead agency shall consider the following factors in determining what
constitutes a substantial deviation."
(1) A substantial increase in the disturbance of a surface area or in the maximum
depth of mining;
A substantial increase in the disturbance area at any given time has incontrovertibly
occurred and is explained in the Resolution and in the record.
(2) A substantial extension of the termination date of the mining operations as set out
in the approved reclamation plan;
An extension of the termination date has not occurred.
(3) Changes that would substantially affect the approved end use of the site as
established in the reclamation plan;
The change in the rate of operation—from the approved 20 cubic yards of native soil
moved to some exponentially greater and unspecified quantity—substantially affects the
approved end use(defined as"put the land back and plant native to area"). An
undisturbed, native ecosystem supports tree and plant species that represent a wide range
of ages. Mr. Logan's reclamation plan explains that the operators will"reclaim as we go"
and that the operation will last"50 to 100 years."These methods and the duration of the
operation delineated in that plan support the re-establishment of a native ecosystem that
includes plants of diverse ages. By the time the last mined section in Mr. Logan's
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proposed operation had been reclaimed,the first section would already support native
trees and shrubs, such as blue and live oaks and manzanita and ceanothus, in excess of 50
years of age. Multi-aged stands also contribute to the survival of seedlings by providing
shade and ground stability,thus speeding the process of restoration. The simultaneous
mining and restoration indicated in Mr. Logan's reclamation plan(in addition to Special
Condition 6 of the permit, "preserve as much vegetation as possible")would insure site
stability,prevent erosion, and eventually lead to a reclaimed landscape. Furthermore,the
long-term nature of the operation ensured the success of restoration through continued
stewardship of the land.
The nature of the current operation, with a proposed end date within 5 years from the
start date and the last monitoring visit(according to the financial assurance estimate
document)within 9 years, cannot provide for long-term stewardship or the range of plant
ages evident in undisturbed ecosystems. The current operation is also not following a
"reclaim as we go"protocol: 12 acres are completely denuded. An 18-acre site populated
by trees of a range of ages supports much greater soil stability than a site populated by a
homogenous growth of young trees. The change in the end date, and the evident lack of
adherence to the"reclaim as we go"protocol, substantially affects the end use of the site
as supporting plants "native to area"and"putting the land back"(and,presumably,
keeping it there). An extremely rigorous reclamation plan, with detailed methods, specific
procedures,and measurements of success,is necessary for the extreme level of
disturbance currently evident on the site.
(4) The consistency of any proposed change to the operation with the previously
adopted environmental determinations.
The previously adopted environmental determination,"mitigated negative declaration,"is
not consistent with the current and vastly expanded scope of the operation.
(5) Any other changes that the lead agency deems substantial deviations as defined in
the subsection.
Any number of changes,including the 12 acres of severe disturbance and the change
from a family operation to a corporate operation, should be considered here.
Please consider the great need to update the reclamation plan. This should take place
through a new or amended permit process and should go through full environmental
review.
Thank you for your attention to my concerns.
Sincerely, \
Susan Whittlesey