El Dorado County Grand Jury 2013-2014 Toxic Pollution Spread by Illegal Grading on Diamond Dorado Case Number Gj-13-16

The unpermitted grading spread toxic limestone waste over the site causing dangerously high levels of pH in surrounding tributaries. Response: The respondent agrees with the finding.

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. Response: The respondent disagrees partially with this finding since making this determination is outside the Transportation Division’s jurisdiction. The Division has issued a Stop Work Notice which is in effect until such time as the property owner obtains a grading permit and completes the approved work.

The property along with several adjacent parcels have become the site of two important County projects: Diamond Dorado Parkway and Diamond Dorado Retail Center. Response: The respondent partially agrees with the finding. The Diamond Springs Parkway is a County project; the Diamond Dorado Retail Center is a private project.

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. Response: The respondent agrees with the finding.

The County did not enforce the Grading Ordinance, Title 15.14 of the County Code. It is the law. The law was not enforced. Response: The respondent disagrees wholly with the finding. The Transportation Division followed the actions prescribed in the Grading Ordinance and forwarded the complaint to the appropriate agency for follow up and enforcement. 6. 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. Response: The respondent agrees with the finding 7. Section 15.14.410 of the Grading Ordinance is an extremely valuable tool to enforce proper grading of property. It should be used. Response: The respondent agrees with the finding 8. 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. Response: The respondent agrees with the finding Recommendations 1. The 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. Response: The recommendation will not be implemented because it is not warranted. The County is spending “public monies” to construct the Diamond Springs Parkway which has benefits for a wide range of County residents. The Diamond Dorado commercial project is being proposed by private developers. The County prepared an Environmental Impact Report (EIR) for the Diamond Springs Parkway Project (Project), which was adopted by the Board of Supervisors in 2011. The EIR is a comprehensive document that identifies and evaluates potentially significant adverse environmental effects of the Project, as well as mitigation measures that would serve to avoid or reduce these impacts to a less-than-significant level. Through this process, pursuant to the California Environmental Quality Act (CEQA), the County determined that the Project would result in a less-than-significant environmental impact by implementing a Mitigation Monitoring and Reporting Plan.

The County should enforce the provisions of the Grading, Erosion, and Sediment Control Ordinance, Chapter 15.14 of the County Code. Response: Recommendation has been implemented. The Community Development Agency enforces the Grading, Erosion, and Sediment Control Ordinance to fullest extent possible within the language and limitations contained in the Ordinance and with the resources available to staff.