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THE FRESNO BEE - Local & State

Tulare Co. judge rules against mine plans
Impacts on the environment weren't addressed, he finds.
By Denny Boyles

April 6, 2006

VISALIA — Plans to move a Woodlake-area sand and gravel quarry to a new mining location hit another snag after a Tulare County judge's ruling in a lawsuit against the project.

Superior Court Judge Paul Vortmann ruled March 27 that an environmental impact report prepared for the project failed to address impacts on the environment, including effects on air, ground water and flooding.

The operators of Kaweah River Rock Co. and its partners want to build a 260-acre sand and gravel mine along the St. John's River near Avenue 332, across the stream from its current plant.

In May, the Tulare County Board of Supervisors denied an appeal of the county planning commission's vote to approve the mine, which paved the way for the project to move forward.

But a group of residents near the mine and opponents of the project, known as Valley Citizens for Water, sued the county, the company and other partners in the project. The group was represented by attorneys with the Center on Race, Poverty and the Environment, which has an office in Delano.

In ruling on the lawsuit, Vortmann found the county approved the mine in violation of the California Environmental Quality Act in several areas, including the failure to adequately analyze air emissions from mining and vehicles at the site, failing to define the scope of an air-impact analysis, and failing to address how potential concrete or asphalt plants there may affect the environment.

The ruling said the county failed to require adequate mitigation measures for areas, including flooding concerns and ground-water recharge.

The new mine would dig below the area's current water table, said Caroline Farrell, an attorney for the Center on Race, Poverty and the Environment.

"Digging into the water table could change the flow of the groundwater, or compromise its quality," she said.

David Harrald, general manager of Kaweah River Rock Co., said the company plans to comply with the judge's findings for more information and send the contested areas back to the county for approval and eventually back to Vortmann for his inspection.

The delay in the project could lead the company to shut down temporarily, because the supply at the old site may run out before the new site is ready for mining.

"The project opponents will never accept the mine," Harrald said with a tone of frustration. He said the company has been trying to build a new mine at the site for almost 20 years without success because of environmental and other concerns.

If the Woodlake mine runs out of material, Harrald said, it could raise local building costs. The mine provides sand and gravel mainly for local concrete and asphalt producers, he said. Those businesses would have to look elsewhere for supplies.

Farrell didn't give a definite answer as to whether her clients would accept the mine if it meets the judge's requirements.
The reporter can be reached at tbragg@fresnobee.com or (559) 622-2417.

For information on Kaweah River Rock Company, contact Dave Harrald at 564-3302
or e-mail him at dharrald@kaweahriverrock.com.