Azusa Cancels April 26th Meeting to Decide Vulcan EIR; More Time Needed for Review Says Mayor Rocha
A special Azusa City Council meeting that was to continue deliberation on Vulcan Materials Company’s proposal to move mining operations to a mountain ridge over Duarte homes and schools was abruptly canceled to allow staff more time to review issues and concerns associated with the plan. A new date for the meeting has not been set.
Azusa Mayor Joe Rocha was quoted in a San Gabriel Valley Tribune article as stating: “I think there are some new questions that were posed … so we want to investigate and look into those some more. I know I have some. For me there is no rush to go through this.”
At the Azusa public hearing on the Vulcan expansion plan held on April 19, the City Council was presented with the results of a geologic analysis of the mining site that raised new concerns about the threat to public safety of the proposal. It also disputes the accuracy of what Vulcan contends is an equal 80 acre for 80 acre swap to move mining operations from the east side of the quarry to the west above Duarte. The City Council also received new comments on the Vulcan Environmental Impact Report from the South Coast Air Quality Management District, City of Hope, and the City of Duarte.
More than 200 people packed the Azusa City Council chambers on April 19 and some 65 took to the microphone to express their views on the Vulcan mining expansion plan during 5-½ hours of presentations and public input.
The meeting began with a review by Azusa City staff of the proposed Revised Conditional Use Permit, Environmental Impact Report, and Development Agreement. According to the terms of the development agreement, Azusa would receive from Vulcan $1.5 million in advance mining taxes upon approval of the plan, and $500,000 a year minimum payment thereafter in advance mining taxes. Azusa would also receive a discount on aggregate for City projects, .055 cents per ton on overburden material extracted, and a one time payment of $75,000 for scholarships program, river grant, and library construction.
Vulcan public relations representative, Todd Priest followed with a review of the plan. A major area of public speculation surrounds whether Vulcan’s claim that micro-benching, a new technique for re-contouring mountain walls, will actually work. Vulcan has endeavored to sell its project to the public with the promise to begin immediate reclamation on all mined areas using the technique of carving more aesthetically pleasing 18-24 inch benches instead of the 40 foot “Mayan steps” currently permitted, if the plan is approved.
Priest told the City Council that Vulcan has proved the micro-benching technique successful. But according to the most recent version of the Development Agreement that will finalize the compact between Vulcan and Azusa, the company has provided itself with an “out” in the agreement should the micro-benching not prove successful. Under Section 2.5 (a) Reclamation Obligation, the document reads: “In the event the reclamation obligations in connection with the micro-benching reclamation set forth in the Amended Reclamation Plan cannot be satisfied due to factors outside the control of Vulcan which cannot be cured by Vulcan, including but not limited to scientific, technical and geotechnical factors or events…,” Vulcan could be released from that part of the agreement by paying $1 million in liquidated damages.
As in past hearings many who spoke at the Council meeting voiced concerns about the potential health risks from silica dust emissions from expanded mining in close proximity to homes and schools.
Concerns were also raised about the increased nitrogen oxide (NOx) contaminant emissions that will result from increased blasting, the 450% increase in materials moving over the overland conveyer system, and more diesel truck traffic moving materials from the Reliance Plant.
Duarte City Attorney, Jeffrey Melching in his verbal and written comments to the Azusa City Council, said the EIR fails to disclose and discuss the issue of NOx emissions pertaining to the Reliance Plant and does not measure the additional impact of moving from 20 to 100 blasts per year in the NOx calculations.
The EIR states that the project will increase NOx emissions by an increment of 53 pounds per day. AQMD mass daily threshold for NOx is 55 pounds a day. The proposed increase in blasts alone would far exceed the federal pollution emission standards, said Melching.
“Each blast emits 255 pounds of NOx by itself. 255 times 80 additional blasts is 20,400 additional pounds per year. If you divide that by the number of operating days in a year which is 312 you come up with 65.4 pounds of NOx per day from blasting alone,” he said.
Melching also advised the Azusa City Council of a significant legal defect in the City’s notice of the April 19 public hearing because the notice did not include the Azusa Planning Commission’s recommendation as part of the general explanation of the matter to be considered. In a letter to the Azusa City Council, he advised that the “defect must be cured and the hearing re-noticed in order to proceed in a lawful manner.”
Duarte City Council member, Lois Gaston invited the Duarte and Azusa City Councils to work together, “without the prejudices of representatives from Vulcan, the bias of courts of the media, and the Azusa staff and the Duarte staff,” to find a compromise solution that would make it a win-win situation for Azusa, Duarte, the San Gabriel Valley region, and Vulcan.
“I suggest to you that we have a joint workshop where we deal with the legal ramifications and the human concerns that overshadow the decisions that have to be made on this project. I am in favor of a moratorium. I appeal to you to realize that you must consider the past and future impacts regardless of what was said earlier. I would love for us to be able to not allow someone who is headquartered in Alabama [Vulcan headquarters] to cause us as neighboring cities to be at each others’ throat. That is not necessary. We must sit down and we must get this solved,” said Gaston.
In 2008, the Duarte City Council established a $700,000 “Fight Against Vulcan Expansion” fund (FAVE) in response to the anticipated expansion plans by Vulcan and its potential adverse impact on Duarte residents.
For more information about the City of Duarte’s Fight Against Vulcan Expansion activities, call Duarte Deputy City Manager, Karen Herrera at (626) 357-7931, ext. 221.
Documents related to the Vulcan Mining EIR
Duarte Letter On Noticing to Azusa, April 19, 2010
Geological Study Findings
Geologist Letter
Between a rock and a beatiful place
Letter to San Gabriel Valley Tribune
AQMD EIR Review Letter
Letter to the Editor
Letter to Barry Wallerstein, AQMD
Azusa seeks financial safety net for mining proposal
Letters to the editor: Standing together
Letter to the editor: What about Glendora?
Azusa City Manager questions Duarte's motives, credibility regarding mining proposal
City Manager Darrell George's Statement
Vulcan Hasn't Kept Promises
San Gabriel Mining Proposal Upsets Residents, March 18, 2010, ABC Local
Mining Proposal Maddens Duarte, March 18, 2010, LA Times
Azusa mining battle sounds familiar to old timers
Duarte Letter to Azusa City Council
Glendora Comment Letter
No major impact on air from Azusa mining, regulators say, February 28, 2010, San Gabriel Valley Tribune
Mayor Makes Special Delivery to Azusa February 17, 2010
AQMD Comment Letter
Antonovich Letter
Sierra Club Comments on EIR
Pasadena Star News Article by Mayor Margaret Finlay & Councilman John Fasana
Azusa Planning Commission agenda and documents (below)
PC Staff Report Final 2-24-10
ExhibitA-D
CUP Reso Final 2-24-10
EIR Reso - Final 2-24-10
Development Agreement Reso - Final 2-24-10
Development Agreement
Save Our Canyon Comments
Duarte City Official Comments on Vulcan EIR 80 pages, February 18, 2010
DUSD Resolution
Letter from Duarte Legal Counsel to Azusa
Letter from Congressmember Judy Chu
Material Safety Data Sheet on Vulcan
Air Quality Report
Vulcan News on www.dctvduarte.com
Letter to the Planning Commission February 2010
Portantino Support Letter February 2010
Impact to Mountain Aesthetics January 2010
Letter from Duarte Attorneys to Azusa Planning Commission January 13, 2010
Azusa Notice of Preparation EIR Letter May 12, 2009
Notice of Preparation Response Letter June 9, 2009
Notice of Draft EIR December 2009
Request Response to EIR December 2009
Report Outlines Azusa Mining Impacts on Duarte, December 23,2009, Pasadena Star News
Azusa City Politics and Dust from the San Gabriels San Gabriel Valley Tribune June 29, 2009
City of Azusa Response to San Gabriel Valley Tribune Article June 30, 2009
