City of Duarte Files Lawsuit Against Azusa and Vulcan to Overturn Certification of Mining Expansion Project Environmental Impact Report

Lawsuit Also Charges Azusa City Council with Brown Act Violations in Approving the Vulcan Project

The City of Duarte filed a lawsuit today that seeks to overturn the City of Azusa’s certification of the Final Environment Impact Report and other approvals that pave the way for Vulcan Materials Company to expand its mining project to Duarte’s border. Vulcan Materials Company is also named in the lawsuit filed in Los Angeles Superior Court.

In addition to challenging the final EIR, Duarte’s lawsuit contends the Azusa City Council violated the Brown Act, California’s open meeting law, by approving the CUP Modification and the Revised Reclamation Plan after those items were illegally added to the Azusa City Council’s agenda at its June 7, 2010 meeting.

Duarte’s lawsuit specifically seeks to invalidate Azusa’s approval of a Modification to Vulcan’s Conditional Use Permit, a Revised Reclamation Plan, and a Development Agreement between Azusa and Vulcan. Duarte is asking the court to stop Azusa from issuing any permits for Vulcan’s mining expansion because Azusa violated various provisions of the California Environmental Quality Act (CEQA), State CEQA guidelines, the Brown Act, the Surface Mining and Reclamation Act of 1975 (SMARA), SMARA regulations, State and local Planning, Zoning and Development Agreement laws, and the Azusa Municipal Code in approving the project.

During the course of the environmental review process the City of Azusa received hundreds of comments from members of the public and public officials citing flaws and omissions in the draft EIR, many pertaining to air quality issues, geology and soils, water, aesthetics, and other environmental hazards associated with the project. The City of Duarte submitted numerous letters to the City of Azusa citing more than 300 flaws and omissions in the draft EIR. Despite the significant flaws in the final EIR, the Azusa City Council certified it on May 17, 2010 by a 3-2 vote, but simultaneously voted to deny Vulcan’s CUP modification and the Revised Reclamation Plan, thus rejecting Vulcan’s mining expansion project.

But the Azusa City Council, at its meeting of June 7, 2010, then took a series of illegal steps under the Brown Act to reconsider the final actions it took on May 17 denying Vulcan’s project. Those illegal steps enabled the Azusa City Council to reverse course at its meeting on July 6, 2010 and approve Vulcan’s CUP modification and the Revised Reclamation Plan by a 4-1 vote.

The illegal approvals permit Vulcan to expand mining operations from an already partially mined 80 acres on the east side of its 270 acre property to 80 acres of pristine mountain territory on the west side of its property right next door to Duarte homes and schools.

The Vulcan mining expansion project will also destroy Van Tassel Ridge as Vulcan plans to extract 105.6 million tons of aggregate from the mountain between now and 2038. Over that same period, Azusa stands to make more than $60 million in mining fees and incentives from Vulcan at the expense of its neighbors in Duarte.

“With the filing of this lawsuit, the City of Azusa will no longer be able to turn a deaf ear to Duarte. It will now be up to a judge in a court of law. We are very confident that the judge will be in agreement with the City of Duarte,” said Duarte City Manager, Darrell George.

For more information about the City of Duarte’s challenge to the Vulcan mining expansion, call Duarte Deputy City Manager, Karen Herrera at (626) 357-7931, ext. 221.

Documents related to Vulcan Mining Proposal

Duarte vs. Azusa Petition and Complaint (Lawsuit documents)
Press Release: Lawsuit Filed, August 3, 2010
Press Release: Duarte Votes To Commence Litigation, July 22, 2010

San Gabriel Valley Editorial, July 12, 2010

Chu Support Letter, July 6, 2010
Supervisor Antonovich Letter, July 6, 2010
Sierra Club Letter to Azusa, July 6, 2010
July 6, 2010 Letter from Duarte to Azusa
Brown Act Letter from Duarte to Azusa, July 2, 2010
Good Neighbor Presentation

Azusa Conditional Use Permit
Sierra Club Letter, June 21. 201
Duarte letter re: May 17, 2010 Meeting
Duarte letter to Azusa re: Supplemental Analysis Volumetric, May 17, 2010
Effects on Van Tassel Watershed, May 12, 2010
Vulcan Even Swap Discredited, May 12, 2010
Duarte letter re: Slope Stability, May 13, 2010
Duarte letter re: Watershed, May 13, 2010
Duarte Letter to Azusa re: May 17, 2010 Hearing
Azusa Schedules Meeting for May 3 April 29, 2010
Azusa Cancels April 26 Meeting April 26, 2010
Vulcan on Shaky Ground, April 22, 2010
Duarte Letter On Noticing to Azusa, April 19, 2010
AQMD Issues Another Comment Letter to Azusa Citing Additional Public Health Concerns About Vulcan’s Proposed Expanded Mining Project Article April 19, 2010
Congresswoman Chu Eye Opener April 17, 2010
Facts and speculation about Vulcan Mining, April 7, 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