ASPHALT PLANT UPDATE

• Hogan Quarry – CB Asphalt Update.  The proposed hot asphalt plant at the Hogan Quarry inValley Springs is still on hold pending commitment by the applicant, CB Asphalt to:

1. Agree to pay for an Environmental Impact Report (EIR)
2. Sign an Indemnification Agreement with Calaveras County

• The County sent a letter to the applicant on February 19, 2016, regarding issuance of the hot plant Authority to Construct (ATC), which said, “We intend to prepare a full-scope EIRthat will address all potential impacts.” The County also sent an Indemnification Agreement to the applicant’s attorney Diane Kindermann, for the applicant (CB Asphalt) and landowner (Ford Construction) to sign. An indemnification agreement is required by county code as a condition for applications for discretionary project approvals.  With no indemnification agreement, county taxpayers could be at risk for expenses of defending the County against any judicial challenge of the asphalt plant.

  The County is still waiting on CB Asphalt to indicate that they intend to proceed with the project. The County cannot proceed with the EIR on the ATC until the applicant signs contracts to cover EIR costs and signs an indemnification agreement.

  “Unless and until the asphalt plant receives the Authority to Construct and the Permit to Operate from the APCD, the asphalt plant cannot operate at the site.” –Calaveras County Planning Department, May 2, 2016

  “We are not proceeding on the EIR until the applicant and landowners sign the indemnification agreement sent to Diane Kindermann by County Counsel.” –Calaveras County Air Pollution Control District, June 9, 2016

• Mendocino Air District Sues Asphalt Plant. In June 2015, an asphalt plant in Mendocino County was issued a one year temporary “Authority to Construct” permit, without environmental review. After Grist Creek Aggregates Asphalt Plant operations began in the fall, 34 complaints were filed by neighbors in an 8-day period. See videos posted on the Friends of Outlet Creek YouTube page.

  The California Air Resources Board found multiple areas of concern. The Mendocino County Air Quality Management District (MCAQMD) issued 3 Notices of violation in October and December 2015, declaring the plant a “public nuisance” in violation of air quality and permit requirements, including operation of an unpermitted crumb rubber mixing plant.

  In April, 2016, after multiple violations, lack of response, and public hearings, the MCAQMD took action to protect public health. They filed a claim against asphalt plant owners Grist Creek Aggregates and Mercer-Fraser. “The suit details an ongoing refusal to negotiate or comply with regulations by the plant owners, and alleges they have “acted negligently, with callous indifference and/or intentionally, in their continued willful operation of the facilities for more than six months, which caused the release of air contaminants, endangering residents in nearby homes, employees, and the public in general.” Read “Mendocino Air District sues Grist Creek asphalt plant” (The Willits News, May 11, 2016).

This post from MyValleySprings:

• More Planning News and Opinions!  Read more articles, letters, and columns on MVS Current News & Reports and Point of View!!  Read about recent cannabis grower registrations; likelycannabis initiative on November ballot; D5 supervisor Recall efforts; what an RCD could do for Calaveras County; and more…on MVS Current News!