County Supervisors OK Gravel Quarry
Source Unknown
February 10, 2000

YREKA - After four-and-a-half hours of testimony before a packed house at the Miner's Inn Convention Center, the board of supervisors ruled to uphold the decision of the planning commission to issue a use permit for the operation of a gravel quarry in Greenview.

During the public comment portion of Tuesday's appeal hearing, speakers shifted attention from environmental concerns over the Nash project to the public's perception of "intimidation" utilized by Felice Pace and KFA in their ongoing efforts to prevent the people of Siskiyou County from proceeding with projects that KFA opposes.

The initial application for this permit on property owned by Steve and Dusty Nash in Greenview was filed in March of 1998 by Kiewit Pacific. Public hearings were held before the planning commission on Sept. 1 and Nov. 3, 1999 with the commission making its decision to issue the permit on Nov. 3.

Following that decision, Klamath Forest Alliance (KFA) and Scott Valley Citizens for Quality Growth (SVCQG) filed an appeal and also filed a Petition for Writ of Mandate in Siskiyou County Superior Court against Siskiyou County, the Nashes and Kiewit Pacific. The petition is seeking an order from the court to set aside the use permit, declare that the use permit is in violation of CEQA and for costs of suit.

At a settlement conference held Jan. 24, the attorneys agreed to allow the Board of Supervisors to rule on the appeal of the planning commission's decision before the petition proceeded any further along in the court process.

At the outset of yesterday's appeal hearing, attorney Kelly Drumm, representing KFA and SVCQG, outlined flaws in the analysis and conclusions of the planning commission, alleging that by not recirculating the negative declaration, the county committed procedural error. Drumm also contended that the issuance of the permit was not in compliance with the requirements of the California Environmental Quality Act (CEQA) and an environmental impact report was required.

Representatives of SVCQG argued to the board that Kiewit could afford an EIR and that the citizen's group did not have the money to hire experts to refute the contentions of Kiewit's engineer.

Felice Pace, Ann Marsh, Betty Lindholm and Melinda Perlman spoke on behalf of the opposition and presented arguments dealing with storm water, violations of the Williamson Act, air quality, traffic, noise, water quality, the Greenview dump and quality of life.

Lindholm outlined her qualifications in the field of water quality sampling, expressing concern over water that could leach from the Greenview dump into the gravel quarry.

She showed photographs with the Nash property in the background and waste materials exposed from the dump.

"Any leach could migrate into the pit which could contain possible waste material," Lindholm added.

Supervisor LaVada Erickson expressed concern over these issues later in the meeting and questioned Lindholm about the implications of the Greenview dump's location.

Donna Black, the attorney for Kiewit Pacific reminded the board that the issue is not whether Kiewit can afford an EIR or whether the appellants can afford to hire experts. The issue is whether an EIR is necessary and whether there is substantial evidence that the project will have an adverse impact on the environment.

"I have not heard that evidence today," Black said. "I have only heard a lot of concerns, speculations and erroneous facts."

Doug Jenner, a neighbor of the Nashes, voiced concern about his irrigation ditch that runs on the southerly boundary of the project and the possibility that his irrigation water could leak into the gravel pit.

"I want to know about the impact on my ditch before this project commences," Jenner said.

Steve Nash told the board that the only legitimate issue raised at this appeal was Jenner's concern about his irrigation ditch.

"If the ditch leaks, we will fix it," Nash said. "I am sure we can satisfy that requirement," Nash said. Kiewit, he said, has already committed to line the ditch to ensure that no irrigation water is lost.

Nancy Ingalsbee of KARE spoke in favor of the Nash project and told the board, "This appeal stinks. It is time to put a stop to negative obstructionism in this county. People must have assurance that when they fulfill their obligations and their projects are approved, non-meritorious appeals will not ruin their project."

In a facetious comment, Brian Peterson of Klamath River observed that the only mistake the Nashes made was they did not submit their project to KFA for approval first. He described KFA as a well-funded vocal minority.

Speakers offering public comment on the project referred to KFA and SVCQG as a group opposed to people making their living from the land, a small bunch who does its work by intimidation and people trying to tell the county how to run its business.

Scott Valley was described as the one-time home of seven lumber mills.

"Trucks traveling up and down Highway 3 were dusty and noisy, but this meant jobs and prosperity to us," Bernard Dally said.

Keith Taylor favored the issuance of the use permit and admonished the board about using an EIR as a compromise.

"This may be small potatoes to Kiewit," Taylor said, "but when the next project is yours, this requirement could establish a precedent that could have an impact on all of us in the future."

With 30 mitigating measures, Supervisor Joan Smith said she was convinced that the planning commission had looked "long and hard" at this project, had bent over backwards to resolve any problems that may arise, and favored upholding the planning commission's decision.

At that point, Supervisor Kay Bryan made the motion to approve the CEQA environmental document and uphold the planning commission's decision. She added that the board also needed to look further into the concerns presented over the Jenner ditch, the berm that borders the project and mitigation measure 10 at next week's meeting.

The board decided the issue by a vote of four to zero, with Supervisor Jerry Giardino not being present to vote. At 5 p.m., Giardino announced that he had another meeting to attend and left the hearing prior to the vote.

The time it has taken for the permit process to proceed to this point is approaching two years. Even though the board has decided to uphold the planning commission's decision, the Petition for Writ of Mandate is still pending in Superior Court and will continue to delay the start of this project.

Siskiyou County Counsel Frank DeMarco said another mandatory settlement conference is probably in order at this point for the opponents to voice their demands.

"Assuming next week the board can get everything worked out, whether the Nashes and Kiewit start work on the project is up to them," DeMarco said. "Generally people do not go forward with a project until all the impediments are removed."

Planning Commissioner Blair Hart was present for Tuesday's hearing, and views the Board's ruling as a vindication of the planning commission. Hart did not participate in the commission's decision because of a conflict of interest, but stated that there were unsubstantiated allegations leveled against the commission following its ruling that it had acted improperly and engaged in "back room politics."

"I did not observe anything improper and did not hear anything improper and feel the commission's actions were above reproach," Hart said.

The Board of Supervisors will be meeting Feb. 15 to finalize approval of the use permit and resolve the three remaining issues outlined in Supervisor Bryan's motion.

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