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Scoping Comments of the San Juan Ridge Taxpayers Association (SJRTA)

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COM MENTS OF THE SAN JUAN RIDGE TAXPAYERS ASSOCIATION ON THE PROPOSED SAN JUAN RIDGE MINE Submitted to the Nevada County Planning Department December 4, 2012 Sacramento Bee, December 31, 1997. TABLE OF CONTENTS I. EXECUTIVE SUMMARY .....................................................................................................1 II. BACKGROUND.....................................................................................................................4 III. OUR LOCAL ENVIRONMENT ........................................................................................8 A. SOCIAL ENVIRONMENT ........................................................................................................8 B. ECOLOGICAL ENVIRONMENT .............................................................................................10 IV. COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT .........14 A. THE EIR MUST CLEARLY DESCRIBE THE PROPOSED PROJECT; CEQA DEMANDS AN ACCURATE, STABLE AND FINITE PROJECT DEFINITION THAT ADDRESSES THE “WHOLE OF THE ACTION” UNDER REVIEW. ...........................................................................................................14 1. The Proposed Action Should Be Described in a Manner that Provides for Full Disclosure and Evaluation of Potentially Significant Impacts ..............................................15 2. Additional Information Is Needed ..................................................................................19 B. CEQA REQUIRES IDENTIFICATION OF POTENTIALLY “SIGNIFICANT EFFECTS ON THE ENVIRONMENT” ..........................................................................................................................21 1. Significant impacts on water supply and drinking water, including public water supplies, are likely. ................................................................................................................22 2. Potential negative impacts to water quality are significant and may impact human health and safety. ...................................................................................................................26 3. Dewatering under normal operations or in response to catastrophic events could have significant, negative hydrologic impacts on upland, wetland and riparian vegetation in and near the project site. ..............................................................................................................30 4. Discharge of mine effluent directly and indirectly into surface waters has the potential for a host of significant effects. ..............................................................................................32 5. Potentially significant impacts of erosion and sedimentation must be assessed............37 6. The adequacy and impacts of settlement and infiltration ponds should be assessed in full in the EIR. ........................................................................................................................40 7. The project may have significant impacts on rare, threatened, and endangered species known to occur within the project area. ................................................................................41 8. Impacts to public lands and recreation must be assessed in the EIR.............................53 9. Transportation impacts should be assessed in the EIR. .................................................54 10. Negative impacts to air quality may impact human health ..........................................54 11. The proposed mining would have potentially significant noise impacts on local residents. ................................................................................................................................56 12. Safety for mine workers ................................................................................................57 13. Impacts to archeological resources could be significant; high quality archeological evaluation is needed in order to avoid mercury displacement. .............................................58 14. The proposed project could contribute to cumulative impacts of greenhouse gases and climate change. ......................................................................................................................60 15. The project has the capacity to have substantially degrade the environment by the introduction, spread, and proliferation of invasive species...................................................61 16. There is the potential for increased risk of wildfire that could result in significant effects to human beings..........................................................................................................62 17. The EIR should evaluate cumulative impacts to light. .................................................63 Table of Contents for the Comments of the SJRTA--Page i of ii V. THE PROPOSED MINE AND EIR SHOULD BE CONSISTENT WITH THE GENERAL PLAN.........................................................................................................................63 1. The proposed mine is inconsistent with the General Plan Land Use Policies and zoning designation.............................................................................................................................65 2. The proposed mine is not consistent with the General Plan’s Economic Policies.........66 3. The Proposed Mine Is Inconsistent with the General Plan’s Recreation Element ........68 4. The EIR should address consistency with the General Plan’s Open Space Policies.....68 5. The proposed mine must be consistent with the General Plan’s Noise Element and Policies...................................................................................................................................69 6. The mine must comply with County Safety Policies. ......................................................69 7. The mine is inconsistent with County Water policy........................................................70 8. The proposed mine must be consistent with General Plan requirements and policies regarding Wildlife and Vegetation.........................................................................................70 9. The proposed mine must be consistent with General Plan Air Quality policies and requirements. .........................................................................................................................71 10. The mine is inconsistent with General Plan forestry direction ....................................72 11. Impacts to Agriculture may be significant and must be assessed in the EIR ...............73 VI. THE SAN JUAN MINING CORPORATION MUST SUBMIT A RECLAMATION PLAN AND FINANCIAL ASSURANCES THAT MEETS THE REQUIREMENTS OF SMARA..........................................................................................................................................74 A. THE PROPOSED RECLAMATION PLAN IS NOT SUFFICIENT TO SMARA..............................74 B. FINANCIAL ASSURANCES MUST BE SUFFICIENT .................................................................77 VII. CLEAN WATER ACT .....................................................................................................78 A. THE PROPOSED DISCHARGE REQUIRES A NPDES PERMIT; A PERMIT MAY BE ISSUED ONLY IF CONSISTENT WITH THE CWA..................................................................................................78 1. NPDES Permits Required...............................................................................................78 2. No NPDES Permit May Be Issued Should the Water Quality Control Board Find that the Discharge May Result in Unlawful Impairment of Water Quality. .................................79 B. THE EIR MUST EVALUATE IMPACTS TO CWA IMPAIRED STREAMS AND ASSESS THE EFFECT OF MINE DISCHARGE ON TMDLS...................................................................................80 C. IMPACTS TO WETLANDS MAY REQUIRE A PERMIT UNDER SECTION 404(D) OF THE CLEAN WATER ACT................................................................................................................................82 VIII. THE STATE AND FEDERAL ENDANGERED SPECIES ACTS ............................83 A. FEDERAL ENDANGERED SPECIES ACT ...............................................................................83 B. CALIFORNIA ENDANGERED SPECIES ACT ..........................................................................84 IX. CONCLUSION ...................................................................................................................85 LITERATURE CITED APPENDIX A Table of Contents for the Comments of the SJRTA--Page ii of ii I. Executive Summary On November 9, 2012, the Nevada County Planning Department issued a Notice of Preparation of an Environmental Impact Report (EIR) for the proposed re-opening of the San Juan Ridge Mine. These are the scoping comments of the San Juan Ridge Taxpayers Association (SJRTA). SJRTA believes that some of the potentially significant impacts of the mine may not be able to be mitigated. Further, there could be and have been numerous potentially significant impacts on water quality, quantity, on wetlands and streams, as well as on our economy and infrastructure. The NOP identified many of these significant impacts including impacts to water supply. These comments contain information that may be helpful in assessing the extent of these impacts. There are several areas in which the NOP seems to indicate that there will be no significant impacts. SJRTA believes
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