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Sonoma County mulls changes to controversial quarry project

J.D. Morris, THE PRESS DEMOCRAT

Sonoma County supervisors Tuesday revived one of their most controversial land-use debates, examining potential changes to a planned quarry west of Cotati that has been in the works for a decade and a half.

Quarry developer John Barella wants to alter some of the conditions the county imposed when it narrowly approved his project off Roblar Road eight years ago. The Board of Supervisors last year hired a consultant to study Barella’s proposed changes and is now considering a draft of the resulting environmental analysis.

Much of Tuesday’s discussion centered around a 1.6-mile stretch of Roblar Road that would be used hundreds of times daily by large trucks hauling aggregate from the quarry. Barella’s team says the original county requirement to widen the road to 40 feet proved unworkable and proposed constructing a road that’s 32 feet wide instead.

The proposal prompted safety concerns from some supervisors and community members, particularly since the road is used by cyclists.

Supervisor Shirlee Zane, the only current board member who was in office when the project was approved, called for further road improvements that would slow traffic and better accommodate bicycles.

Read more at https://www.pressdemocrat.com/news/8845302-181/sonoma-county-mulls-changes-to

Posted on Categories Habitats, Land Use, WildlifeTags , , , , ,

Board of Supervisors approves mining amendment, employee fire leave, more

Will Carruthers, SONOMA COUNTY GAZETTE

The Sonoma County Board of Supervisors Tuesday heard public comment on six lawsuits against the county, approved an amendment to the county’s mining ordinance and granted county employees affected by the fires 40 hours of leave time.

Friends of Chanate

The Supervisors received public comment on six lawsuits against the county before discussing the cases behind closed doors. One of the suits, Friends of Chanate vs. County of Sonoma, alleges that the County gave a local developer a sweetheart deal in its sale of a plot of public land.

Friends of Chanate argues that Bill Gallaher, a local developer, bought the 82-acre parcel of county land for between $6 and $12.5 million, far below the assessed value of the land, $30 million.

“That property was worth more than $6 million, even if you build only 40 luxury homes on the land,” a Friends of Chanate member said during the public comment period.

In late July, a judge in the lawsuit canceled the sale, disagreeing with the County’s assessment that the land deal was exempt from the California Environmental Quality Act.

Mining Ordinance Amendment

The Board of Supervisors amended a sentence of the County’s Mining Ordinance to “clarify that setbacks to critical habitat do not retroactively apply to quarry sites” affected under a new definition of critical habitat passed as part of the 2012 General Plan.

The amendment will allow two quarries located within 47,383 acres defined as Tiger Salamander critical habitat based a map from the U.S Fish and Wildlife Service to operate.

The two affected quarries – Stony Point Quarry and Roblar Road Quarry – were granted permits to operate before the new rules went into effect.

Stony Point Quarry has been active for 90 years while Roblar Road Quarry received permission to operate in 2010, before the new definition was passed, according to a staff report.

“There was never any expectation that the setbacks would apply to these quarries, and these setbacks were not intended to apply retroactively,” the staff report states.

John Barella, the owner of the quarry, first applied to develop the land in 2003 but the project has been significantly delayed by environmental lawsuits. In 2014, a three-judge panel approved Barella’s plans in a lawsuit brought by the Citizens Advocating for Roblar Rural Quality.

In 2017, Barella restarted the process of applying forpublic approval for the quarry and applied for a permit from the U.S. Army Corps of Engineers earlier this year.

When asked by Zane why the item was before the board, a county staff member said that Roblar Road Quarry “will be proposing some changes to their conditions of approval and you will see that project come before you next month.”

Read more at https://www.sonomacountygazette.com/sonoma-county-news/sonoma-county-board-of-supervisors-september-11-2018

Posted on Categories Habitats, Land UseTags , ,

Roblar Road quarry back before Sonoma County officials for environmental review

J.D. Morris, THE PRESS DEMOCRAT
One of Sonoma County’s most controversial mining projects is showing public signs of progress again, nearly three years after it survived a hard-fought legal challenge and well over a decade after it was first proposed.
Next up for the planned quarry project off Roblar Road west of Cotati is an additional round of environmental review, which was triggered after the owner requested some changes to the conditions tied to county officials’ approval of the development more than six years ago.
Quarry developer John Barella wants permission to adjust the design of a road intersection his project is required to improve, reduce the width of a road he must expand and relocate a portion of a creek on which the project will encroach. The effects of the proposed changes will be studied by a consultant hired this week by county supervisors.
Barella, the former owner of North Bay Construction, first proposed the quarry in 2003, and a split Board of Supervisors signed off on it in December 2010, setting off a long legal fight waged by opponents concerned by the project’s environmental impacts.
But those opponents lost in July 2014, when a state appellate court upheld the county’s approval of the project and reversed a lower court ruling on all counts.
Read more at: Roblar Road quarry back before Sonoma County officials for environmental review | The Press Democrat

Posted on Categories Land Use, Water, WildlifeTags , , , Leave a comment on Disputed Roblar quarry project wins court fight

Disputed Roblar quarry project wins court fight

Angela Hart, PETALUMA ARGUS-COURIER

A state appellate court has handed quarry developer John Barella a resounding victory in his decade-long bid to build a controversial project off Roblar Road west of Cotati.

A three-judge panel has upheld Sonoma County’s 2010 approval of the 65-acre rock quarry and reversed a lower court ruling on all counts, dealing a final blow to opponents’ three-year fight to halt the project on environmental grounds.

Barella, the former owner of North Bay Construction, praised the decision while voicing frustration with the lengthy environmental review and court fight needed to clear the way for his $60 million project.

Planning for the project is set to start this week, and ground work on the site could get underway within a year, said Steve Butler, Barella’s attorney.

via Disputed quarry project wins court fight | Petaluma Argus Courier | Petaluma360.com.

Posted on Categories Local Organizations, WildlifeTags , , Leave a comment on Open Space District Drafts Mitigation Policy

Open Space District Drafts Mitigation Policy

Enviro Updates
The latest draft of a Mitigation Policy for the Agricultural Preservation and Open Space District (APOSD) prohibits private mitigation on most District conservation easements or property. Laws such as the Endangered Species Act and the Clean Water Act require compensation, or mitigation, when an activity harms habitat or waterways. Mitigation may be in the form of money, or it may require long-term protection of other at-risk habitat.
The District has needed to set policy guidelines for mitigation – this was made clear by the Roblar Road quarry proposal in 2010.  A complicated exchange was worked out by quarry proponents which included mitigating for the loss of a California Tiger Salamander breeding pond on the quarry site by constructing habitat on a nearby property protected by an Open Space conservation easement. This deal was criticized for several reasons, but especially because the mitigation would occur on land that was already protected by the conservation easement.  However, there was no Open Space District policy on mitigation at the time and the Board of Supervisors voted to approve the quarry. Lawsuits have stopped the project for the last couple of years, giving the District time to put together the new Mitigation Policy.
The second draft of the Mitigation Policy contains the following guidelines:

  • The District will not accept mitigation funding from private parties or accept acquisitions that result from third party mitigation projects.
  • Existing conservation easements that expressly allow habitat mitigation will be able to do so, but new easements will mostly expressly prohibit mitigation.
  • Mitigation-related funding (that is, when mitigation requires paying money rather than buying land) from public projects only, may be used by the District to buy land or to fund habitat-enhancement projects on District land.

This Policy, if adopted and followed by the Board, will close the door to most private mitigation projects on Open Space District land, but will still allow some kinds of mitigation for public projects.
APOSD Mitigation Policy draft

Posted on Categories Land UseTags , Leave a comment on Sonoma County Board of Supervisors OK appeal of Roblar Road quarry decision

Sonoma County Board of Supervisors OK appeal of Roblar Road quarry decision

By Brett Wilkison, THE PRESS DEMOCRAT
Sonoma County supervisors have authorized an appeal of a court ruling striking down approval of the Roblar Road quarry on environmental grounds.The board voted 4-1 Tuesday in closed session to back the appeal, with Shirlee Zane, the boards chairwoman, dissenting.
via Sonoma County Board of Supervisors OK appeal of Roblar Road quarry decision | PressDemocrat.com.

Posted on Categories Land UseTags , , , Leave a comment on Sonoma County judge strikes down Roblar Road quarry approval

Sonoma County judge strikes down Roblar Road quarry approval

by Brett Wilkison, THE PRESS DEMOCRAT
A Sonoma County judge has struck down the approval for a controversial rock quarry west of Cotati, saying key parts of the environmental impact report were inadequate. The final ruling, issued Thursday by Judge Elliot Daum, could derail the project by requiring the county and quarry developer John Barella to conduct a new environmental report, or overhaul large parts of the existing one.
via Sonoma County judge strikes down Roblar Road quarry OK | PressDemocrat.com.

Posted on Categories Land Use, WildlifeTags , , Leave a comment on Opponents of Roblar Road quarry win round in court

Opponents of Roblar Road quarry win round in court

by Brett Wilkison, THE PRESS DEMOCRAT
A Sonoma County judge has sided with key points in a lawsuit challenging approval of the controversial Roblar Road rock quarry, a move that could derail the project west of Cotati.
A split county Board of Supervisors approved the 70-acre project in late 2010 over the objections of a group of neighbors and others concerned about environmental impacts.
via Opponents of Roblar Road quarry win round in court | Petaluma360.