Mitchell Chadwick Wins 5th District Appeal of 1,500-acre Mining Project
Outcome of Calif. gravel mine fight disappoints environmentalists
(Reuters) – A California conservation group is still considering whether to appeal to the state Supreme Court an appellate decision to allow a 1,500-acre gravel mining operation on farmland in California’s Central Valley, the group’s lawyer says.
Donald Mooney, lawyer for the Friends of the Kings River, a Fresno County environmental group, said on Wednesday no decision has been made about appealing the Fifth District Court of Appeals ruling this week. The ruling allows Colony Land Co. to mine aggregate used for asphalt and cement near Kings River.
Mooney said the group is “very disappointed” by the ruling.
The appeals court on Monday rejected a series of claims by the Friends group that the mining operation would violate the California Environmental Quality Act (CEQA) and that the company’s environmental impact statement was inadequate.
“We are very pleased with the Court’s ruling,” said Michael Mallery, counsel for Colony Land Co. “This ruling validates the collective, thorough and thoughtful efforts put forth by our entire team, to make this project one that will benefit the region for decades.”
The Friends argued the proposal lacked adequate reclamation plans for permanent farmland loss, potential water pollution, disturbance from night operations, noise, traffic, air quality loss, and that the county violated its own general plan.
The appeals court rejected each argument in a 69-page decision and found instead that the permit and environmental review contained the “substantial information” required to uphold the county’s permit for the operation.
Colony’s project, operated by Carmelita Resources, would produce up to 1.25 million tons of aggregate annually for between 80 and 100 years on flat farmland 15 miles east of Fresno near the Kings River, the appeal court said. It is currently used for row crops, as well as peach, apricot and walnut orchards, with rural home sites surrounding the property, according to the court.
Nearly 900 acres would contain aggregate mining, asphalt, concrete and Portland cement-making operations, while 600 acres could continue to support fruit production.
In 2012, the Friends originally challenged the project’s reclamation plan at the State Mining and Geology Board, which sent the plan back to the county for additional review.
A second county approval, followed by a second Friends appeal to the board, was upheld by the board in 2013, but by that time Friends had also taken the case to state.
The case is Friends of the Kings River v. County of Fresno, Fifth District Court of Appeal, No. F068818.
Colony Land Company was represented by Pat Mitchell of Mitchell Chadwick. A copy of the decision can be found here.