There’s controversy in the air, and it smells like asphalt. Ford Construction has proposed an asphalt batch plant at the Hogan Quarry near Valley Springs, adjacent to the Calaveras River and situated between the La Contenta and Rancho Calaveras subdivisions. It has been alleged that a hot asphalt plant at this location could mean unacceptable noise levels, air and water pollution, traffic congestion, road degradation and adverse impacts to tourism at New Hogan Reservoir.
On April 30, Calaveras County Planning Director Peter Maurer sent a letter to Ford Construction that “concluded that an asphaltic concrete hot asphalt batch plant, or ‘hot plant,’ is permitted” by right under the quarry’s General Industrial zoning. Maurer rejected the argument by Ford’s attorney that the asphalt plant was a vested right but considered the point “moot.” Maurer’s decision is facing multiple appeals. If the asphalt plant is permitted by right, it would not be subject to environmental review under the California Environmental Quality Act or require public notice.
Prior to Maurer’s decision, he was contacted via email by District Five Supervisor Steve Kearney who wanted to facilitate approval of the asphalt plant, because he believed it would mean “10 plus” local jobs. In the same email exchange, Kearney learned from Brian Moss, director of Environmental Health and the local air pollution control officer, that Ford Construction would also need to apply to the Calaveras County Air Pollution Control District for authority to construct. More than Planning Department approval would be required for the asphalt plant.
Economic development and job creation are two of the main talking points for proponents of the asphalt plant. Yet, in the cover letter to its application for authority to construct, dated May 18, the western division manager of C.B. Asphalt, one of the Ford affiliates, wrote, “Most typically, without this opportunity, the quarry and crusher personnel struggle to work full 40-hour work weeks.” The letter also said, “The operations will not be steady or every weekday as there is simply not enough demand or expected sales volumes to justify the same.” This doesn’t sound like 10 plus jobs.
Maurer’s decision was appealed by the Calaveras County Water District; MyValleySprings.com, a local nonprofit dedicated to smart growth and preservation of rural character; John Walker, a resident who owns property near the quarry; and Stockton East Water District, which, like CCWD, depends on the Calaveras River for a substantial portion of its water supply.
I am a former member of the MyValleySprings.com board of directors and remain a supporter. I am presently a member of the Calaveras Community Action Project Governing Committee. MyValleySprings.com is a member of the Calaveras Planning Coalition, which is CAP’s primary program. I’m also a resident of La Contenta and a CCWD customer.
The appeal by Stockton East was denied because it was not filed in a timely manner. However, the Stockton East appeal letter raised two primary issues: the lack of public notice and the decision that asphalt and concrete are the same or similar.
In his June 2 response to the Stockton East appeal, Maurer reassures them, “Please be advised that the application for authority to construct, filed with the Calaveras County Air Pollution Control District, has been determined to be a project under CEQA, and an appropriate environmental document will be prepared prior to constructing and operating the plant.”
So if I understand this correctly, the Planning Department determined that the asphalt plant is a permitted use under the zoning, because it equated asphalt with concrete. In that case, there would be no need for a conditional use permit and, therefore, no need for CEQA compliance, hence no public notice. However, the Air Pollution Control District determined, at least from the standpoint of air pollution, that the asphalt plant is a project under CEQA with all that entails, including environmental review.
Not surprisingly, Ford Construction is appealing the finding of the Air Pollution Control District that CEQA applies to its application. All appeals will be heard by the Calaveras County Planning Commission at 9 a.m. June 25 in the Board of Supervisors Chambers at the Government Center in San Andreas. The decision of the commission may be appealed to the Board of Supervisors. In any case, this process allows for a much-needed public discussion of the proposed asphalt plant.
CEQA charges the public with its enforcement. In other words, without public scrutiny, government entities may skirt or ignore the requirements of CEQA with impunity. As the state’s Natural Resources Agency explains, “Public agencies are entrusted with compliance with CEQA and its provisions are enforced, as necessary, by the public through litigation and the threat thereof.” Frankly, I’ve always thought this puts a heavy burden on the public, but I’m glad there are those who are willing to step up.
