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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.
⚠️ 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 and Recommendations 11 findings
F1
Page 27
Violations It appears that the Thunder Rock mine operated at times without the proper permits. Even when there was a per- mit in effect, the operation violated the conditions of the permit in terms of hours and days of operation. The mine created a health hazard to neighborhood residents through dispersal of dust containing asbestos and be- came a nuisance in terms of noise. No county office or employee monitored the mine operation for permit com- pliance even after residents complained.
No recommendations for this finding
F2
Page 27
Tracking The building and use permit, which was issued for an “approximate” one-year period, was allowed to linger for twenty years with no review to ensure code compli- ance. (This failure to “final” the permit also deprived the county of tax revenue for property improvements.)
No recommendations for this finding
F3
Page 27
Agencies According to July 31, 1996 Planning Commission Min- utes, the Planning Director presented the Planning Com- mission with the following information: The mine operator is obligated to comply with various local, state and federal agency regulations and permit requirements when conducting surface mining opera- tions. These agencies include, but are not limited to: California Department of Conservation-Office of Mine Reclamation, State Mining and Geology Bd., Federal Mine Safety and health Administration, Cal-OSHA Min- ing Unit, North Coast Unified Air Quality Management District, North Coast Region Water Quality Control Board, and the Calif Dept of Transportation. Full com- pliance with each agency’s requirements is critical to address and mitigate undesirable effects from mining and to ensure that public safety’ health, and general welfare objectives are met. The Planning Department and/or Commission neglected to ensure that the Thunder Rock Shale Mine was in compliance with the requirements of the several agen- cies mentioned.
No recommendations for this finding
F4
Page 28
The Planning Commission’s decision on Dec. 14, 1995 to validate the original Use Permit was based partially on a letter from the Director of the Roads Department that indicated this shale mine had been supplying mate- rial to the county on a yearly basis since 1982. To date the Road Department has failed to provide docu- mentation that would satisfactorily verify the accuracy of that statement. What has been provided to date indi- cates that there have been years in which the mine did not provide material to the county.
Related Recommendations (1)
R9
Page 29
If the letter referred to in Finding #4 is inaccurate, there should be no fees charged to the homeowners for ap- pealing a decision based on inaccurate information. If the information is accurate, the Planning Commission should hold one hearing on all the issues reducing appel- late fees to a one time $280.00. However, given what has gone on with this issue, we strongly recommend that the Board of Supervisors ap- points a mediator to review appropriate documents and meet with complainants and appropriate county officers to clarify and resolve this long standing dispute. We fur- ther recommend that this takes place as soon as pos- sible, and that the 1999-2000 Grand Jury review this matter.
F5
Page 28
Fee The Road Department’s policy is to charge a fee for document searches that involve significant staff time, and to have requesting parties sign a contract acknowl- edging that they will be charged a fee for the search. The purpose of the fee is to offset the costs of staff time pulling documents that takes them away from their regu- lar duties. The Tucker Hill residents requested backup documents from the Road Department that would verify the accu- racy of the letter referred to above and the Road De- partment charged them a $210. 00 fee for the search and reproduction of the documents. The homeowners had not signed a contract and protested the charge. The Road department has not turned those documents over to the homeowners.
No recommendations for this finding
F6
Page 28
Coordination The Director of Transportation/Road Department claimed to have been unaware of any restrictions that would preclude the department from purchasing mate- rial from this mine before Nov. 1995. It appears that the Planning Director may not have informed him that the Thunder Rock Mine was not in compliance with the original use permit.
No recommendations for this finding
F7
Page 28
The homeowners report that several of them have sold their homes in order to escape the extreme noise and to protect their health. These residents attempted to allevi- ate the noise and health problems by presenting a peti- tion, signed by all 27 Tucker Hill residents, to the Plan- ning Commission against further mine operations, even though they say they were advised in advance, by a member of that body, that “Petitions don’t carry much weight in Trinity County.”
No recommendations for this finding
F8
Page 28
Complaint Processing There appears to be no enforcement arm that will re- spond to residents’ complaints about violations of per- mit conditions. The District Attorney, Sheriff and Plan- ning Department apparently have no system for moni- toring and enforcing use permit conditions.
No recommendations for this finding
F9a
Page 29
Hearing The homeowners allege that the Planning Director told them they cannot appeal the Planning Commission’s 1995 validation of the Use Permit until the Reclamation Plan is approved, thus opening the door to the possible restart of the mining activities. It has been three years since the Reclamation Plan requirement was imposed, so homeowners are being forced to sit and wait.
No recommendations for this finding
F9b
Page 29
The Planning Director has apparently told the homeowners that the Planning Commission would hold three separate hearings on noise mitigation, zoning and the Use Permit after the Reclamation Plan was finished, which would cost the homeowners $280.00 per hear- ing.
No recommendations for this finding
F10
Page 29
Contamination The Thunder Rock Mine sells shale that contains asbes- tos, a known carcinogen. When Trinity County buys this shale and spreads it on roads and parking areas, the County is contributing to the poor health of its citizens. Between 1982 and 1996, 20,050 cubic yards of this shale was purchased by Trinity County. Fifteen streets and areas are listed where this shale was used.
No recommendations for this finding
Additional Recommendations 9
These recommendations are not explicitly linked to specific findings.
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R1Page 27Planning Department staff should be directed by the Board of Supervisors to monitor mining operations on an on-going basis to ensure they have been, and con- tinue to be, in compliance with the proper permits.
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R2Page 27The Planning Director should track limited term Use Permits in a manner, which reflects the intent of the permitting process. The Building Department should “fi- nal” each stage of construction and complete the pro- cess in a timely manner in order to ensure code compli- ance. (Permit’s should also be tracked to ensure appro- priate tax revenue is received by the county.)
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R3Page 28The County Planning Commission and the Board of Supervisors need to be more diligent in monitoring and managing compliance with the complete permitting pro- cess.
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R4Page 28It would be desirable if the Director of the Road De- partment could provide documentation that the Depart- ment indeed used the mine each and every year be- tween 1982 and 1995. If this documentation cannot be supplied, the Planning Commission should be notified that their December 1995 decision was based on inac- curate information and that this should be taken into consideration during future deliberations involving the shale mine. Additionally we recommend that the 1000-2000 Grand Jury review this matter and taken appropriate action.
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R5Page 28In this case, since no contract was signed, the docu- ments were never provided and in the name of good will, we recommend the $210.00 charge be dropped.
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R6Page 28There should be a county process that ensures commu- nication of important health and safety information be- tween departments with a need to know, including those responsible for enforcing use permit conditions.
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R7Page 28When an area is zoned Rural Residential this zoning should be upheld unless well publicized public hearings are held to make a change. Also, legitimate petitions signed by a large number of involved citizens, to protect their rights, should be taken seriously by county staff and commissions.
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R8Page 28When a complaint is received by the Planning Depart- ment regarding noncompliance with conditions of a per- mit, there should be a process in place for acting on that complaint and informing the complainant of the results of that action. In the case of health and safety these complaints should have the highest priority.
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R10Page 29Areas where this shale was used should be tested for asbestos. If asbestos is found in excess of state stan- dards (California Health and Safety Code District Regu- lation 3 -Section 6 Airborne Toxic Control Measure for Asbestos-Containing Serpentine Rock) in these surfaces, the areas should be properly capped. SUMMARY: The citizens of Trinity County depend upon their county officials to protect their health, safety, and welfare. When local agencies compromise, or appear to compromise, this process they jeopardize the citizens that they are employed to protect. Citizen complaints about violations of use permits should be responded to in a professional manner and, regardless of result, explanations of ac- tions or non-actions should be provided to the com- plainants. In addition, county departments should only purchase goods and services from businesses that com- ply with federal, state and county permits. 30-DAY RESPONSE REQUESTED FROM: Road Department, Planning Commission and Department, Chief Administrative Officer and Board of Supervisors. Response of the Trinity County Road Department RE: 1998-99 TRINITY COUNTY GRANT JURY FINANCE AND ADMINISTRATIVE COMMITTEE FINAL REPORT –THUNDER ROCK SHALE MINE