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Posted by: thepinetree on 02/17/2014 03:01 AM
Updated by: thepinetree on 02/17/2014 09:51 AM
Expires: 01/01/2019 12:00 AM
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Why is CSERC Suing Tuolumne County Over the Blue Mountain Minerals.
Twain Harte, CA... A number of years ago, Blue Mountain Minerals gained full approval to do mining at a very high level for decades on their property north of Columbia. They got approval to dump waste material on a 48-acre site that they are slowly burying under a mountain of waste. But the 48-acres that is already approved to dump waste material is now 65% full....
In the original approved plan, the Mine also planned to put some waste material back onto already mined, denuded, barren acres in the East Pit. But a year ago the Mine decided that it preferred to keep open and exposed all of its past mined acres just in case at some point in the future there might be profit to be made from mining material that is now unprofitable to mine. So the Mine management decided that they didn’t want to dump waste material back onto already mined acres.
Accordingly, the Mine chose to apply to Tuolumne County for approval to bury 27 acres of oak woodland (outside of the present permitted mine boundary) under a new mountain of waste material. Tuolumne County approved that request, saying that burying 27 acres of oak habitat is not a significant impact. CSERC believes that is nonsense. Wiping out all the habitat on 27 acres is a huge and significant impact.
State law says that when impacting oak woodland, mitigation cannot rely upon planting of new oak seedlings for more than 50% of a project’s mitigation. Tuolumne County approved the Mine to use planting of new oak seedlings for 100% of mitigation, in direct conflict with the specific wording in State law.
Because there are feasible alternatives to wiping out the 27 acres, CSERC has consistently asked that the County require the Mine to prepare an EIR that would consider alternatives to the proposed action and determine which alternatives are feasible. For example, could the 48-acre site have waste material piled higher there, instead of wiping out 27 acres of now undisturbed oak woodland?
The County supervisors have openly stated in the past that they don’t like requiring developers or other applicants to do EIRs. The supervisors at times have also openly scorned state laws, and openly strategized how to do the very least possible to be in compliance. CSERC does not oppose the Mine getting approval to dump waste material if it is the only feasible option, but (a) we want the County to admit that wiping out 27 acres of habitat is, indeed, significant, and (b) we want the County to follow state law. That means preparing an EIR to fully consider reasonable alternatives and also requiring mitigation consistent with State restrictions.
That is the essence of the lawsuit. CSERC believes that Tuolumne County should follow the law the same as everyone else. CSERC also believes that by doing an EIR when there is a high potential for a project to cause a significant impact, both decision-makers and the public will be better informed.
Last, it should be emphasized that CSERC always loses money whenever our Center moves forward with one of our rare lawsuits. Even when we win, such as the recent settlement agreement we gained with Tuolumne County when it failed to require an EIR for the Cooperstown Quarry open pit mine project, the only costs that are paid are for legal fees and expenses. CSERC receives zero compensation for all the countless staff time and all the Center’s expenses tied to reviewing project documents, reading project files, preparing comments, testifying at meetings, or coordinating for as long as two years. But even though it is a huge expense for CSERC to sue when laws are being violated, it is our mission to serve as a watchdog for conservation and open space values. When Tuolumne County or another entity takes actions that we believe violate clear legal requirements, it is essential for citizens or groups to step up to challenge those violations. That is the reason for the Blue Mountain Minerals lawsuit.
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