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Extracted from Consolidated Report
This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.
El Dorado County Grand Jury
• 2013-2014
El Dorado County Grand Jury 2013-2014 Toxic Pollution Spread by Illegal Grading on Diamond Dorado
⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings 8 findings
F1
The unpermitted grading spread toxic limestone waste over the site causing dangerously high levels of pH in surrounding tributaries. DRAFT 5
F2
Toxic limestone waste continues to flow into adjacent waterways. Nobody is doing anything to stop it. Not the owner, not the County and not the State.
F3
The property along with several adjacent parcels have become the site of two important County projects: Diamond Dorado Parkway and Diamond Dorado Retail Center.
F4
El Dorado County has executed and recorded two CONSENT TO MAKING OF IRREVOCABLE OFFER OF DEDICATION, where it appears the owners have offered part of the property to the County without charge for rights-of-way for a portion of the Parkway. The offer can be accepted by the County until 5/25/2025.
F5
The County did not enforce the Grading Ordinance, Title 15.14 of the County Code. It is the law. The law was not enforced.
F6
It would be completely irresponsible of the County to allow the Diamond Dorado Parkway project to proceed without ensuring that all environmental issues and mitigations have been resolved.
F7
Section 15.14.410 of the Grading Ordinance is an extremely valuable tool to enforce proper grading of property. It should be used.
F8
It is somewhat disquieting that enforcement compliance can be predicated by payment of fines and fees by the offending party, particularly when environmental concerns are paramount.
Recommendations 6
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R1The Grand Jury recommends that El Dorado County immediately review whether spending public monies for the planning, engineering or improvements for Diamond Dorado Projects is wise given environmental concerns.
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R2The County should engage an environmental consultant to measure the impacts of existing grading upon dispersal of limestone waste in consideration of up to date reports and water samples from State agencies including the Regional Water Quality Control Board and the Department of Fish and Game.
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R3The County should ensure that all environmental issues and mitigations have been resolved before continuing with the development of the Diamond Dorado Parkway and the Diamond Dorado Retail Center.
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R4Property owners adjacent to the Project or in the vicinity of the Diamond Lime Plane should be advised of the existing contaminations.
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R5Planning Services and DOT should explore using County Grading, Erosion, And Sediment Control Ordinance Section 15.14.410 to achieve prudent results.
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R6The County should enforce the provisions of the Grading, Erosion, and Sediment Control Ordinance, Chapter 15.14 of the County Code. RESPONSES Responses to both findings and recommendations in this Report are required by law in accordance with DRAFT 5 California Penal Code §933 and §933.05. Address responses to: The Honorable Suzanne N. Kingsbury, presiding judge of the El Dorado County Superior Court, 1354 Johnson Blvd., South Lake Tahoe, CA 96150. This Report has been provided to the El Dorado County Board of Supervisors, Development Services Department and Department of Transportation. The Presiding Judge of the El Dorado County Superior Court additionally requests that the responses be sent electronically as a “Word” file or “PDF” file to facilitate the economical and timely distribution of such responses. Please email responses to the El Dorado County Grand Jury at: [email protected] ATTACHMENTS [ Adobe Reader is required to view attachments ] DFG Lindeman Violation Notice DFG Notice of Violation to District Attorney
No Responses Found 2
Government entities assigned to respond to this report. No response documents have been linked in our database.
El Dorado County Board of Supervisors
Elected County Office
Golden Gate Bridge Highway and Transportation District
Transit Authority