HomeMy WebLinkAboutStaff Report 5.C Late Doc 03 01/26/2009Cooper, Claire
From: David Keller [dkeller1@sonic.net]
Sent: Sunday, January 25, 2009 7:10 PM
To: CityCouncil; Cooper, Claire
Subject: Dutra's Marin/San Rafael History - a bad history
Attachments: Dutra San Rafael Quarry Marin Grand Jury 2000.pdf
RE: Dutra Haystack Landing Asphalt and Recycling Facility FEIR, Petaluma River
Dear Council Members:
The history copied below, and the attached Marin County Grand Jury Report ("Who's minding the San Rafael
Rock Quarry? June 2001) describes Dutra's behavior in San Rafael and Marin County over the past 20 years,
and is not the kind of new business and business practices that we want in Petaluma and Sonoma County.
This is particularly important when viewed in light of Dutra's Project site proposal in a critically sensitive area
that will suffer irreparable harm over the next 40-50 year lifespan of their Petaluma River Asphalt Haystack
Batch Plant and Recycling Project, if it is approved by Sonoma County Board of Supervisors without full
containment of toxics, noxious emissions, lights, noise, polluted runoff, heavy truck traffic, navigational
hazards, and other uncorrected aspects of their application.
We strongly urge you to insist to the Sonoma County Board of Supervisors: Fix it with total enclosure and
prevent navigational hazards! or deny it!
Thank you,
David Keller
Petaluma River Council
htti)://www.sprcoalition.or2/tot)ics/ouarrv/historv.html
Forwarded from a neighbor in San Rafael:
This web site has excellent history of Dutra's illegal operations at the San Rafael Rock Quarry (SRRQ) since
their 1986 purchase of the property.
In addition to the bad faith issues in Marin County, we are advised of the following "issues" with the Dutra
Group operations:
Illegal drilling on property he optioned in the Bodega Bay Area
Illegal dumping of dredging spoils from the San Francisco Bay (Port of Oakland0 (believe he was fined.
Illegal dredging in the Port of Miami (sensitive areas)
Problems in the big dig in Boston (I have no specific information on this)
The longest bankruptcy in the history of 9th Circuit Court due to his problems in Miami FLA (defaulted on
bond)
OSHA violations
Clean Water Act violations
1996 fine due to over expansion by the BAQMD.
Building office buildings, home improvements, and dock on the Quarry site without permits. He did not pay
property taxes on the improvements as the statute of limitations had expired (Large $$ losses).
He did not pay the property taxes on the purchase of the quarry in 1986
Dug the main pit to 254 deep vs limit of 200"
1997 quarry blasts damage neighboring homes.
1997 neighbors try to solve issues with Dutra and family - no luck for 3 years.
The SRRQ, with the County of Marin's Planning Department and County Counsel's involvement kept secret a
key report from Merrill Lynch Capital Group prepared for the sale of the property by Basalt, as to the baseline
operations of 1982.. This vital report finally was obtained from the County of Marin, who had it for years, in
2008.
The SRRQ maintained that the report was confidential. They did not pay for the report or own the property
when the report was prepared. (More efforts to hide the truth)
Finally in 2000 Marin County Planning Commission determined operations not in compliance, illegal expansion
and beyond applicable zoning restrictions.
Was to have ceased operations in early 1990
Up to 190,000 truck trips per year on Point San Pedro road.
Hired former County Supervisor to delay all proceeds.
Use of delaying tactics to profit and not solve the problems.
2001 Marin Grand Jury "Who is minding the store" investigated (great source of information on Marin County
Website) - County completely failed to carry out its duties, i.e. reassessment, control of quarry.
2002 the PSSRC, the State Attorney General & the County of Marin Sue Dutra. - trial held and in 2004 ruling:
Judge Sutro Findings:
The Quarry should have been operating, but did not operate consistent with the ARP of 1982 (Amended
Reclamation Plan).
Quarry operated in manner that had great adverse impact on the neighborhood.
Quarry neglected to file an amended reclamation to reflect current operations - violation of California's Surface
Mining Act - violation of State Law, County and City of San Rafael ordinances.
Ordered to submit new ARP in 2004 - EIR still in process.
In addition to the above facts, the SRRQ has used half truths and old information to overstate its value as a
STATE valued resource.
In 2003, while contacting mining sources information sources in British Columbia, a personal email making
inquiry as to the status of obtaining and delivering aggregate materials to California was provided to the Dutra
Group. The Dutra Group circulated a letter to the effect that I did not know what I was talking about.
Shamrock Materials receives 1,200,000 tons of this Canadian material annual at its Petaluma site.
The State of California is using this Canadian materials to rebuild the San Francisco Bay Bridge as the the
Canadian materials are claimed to be better quality materials vs crushed aggregates from SRRQ.
Claims to be a key supplier of materials for emergency levy repair in the Delta. This was true in the past. But
California Department of Water Resources has established 3 stockpiles of rip -rack materials totaling 240,000
tons of material from the Jackson Valley Quarry in Amador County and NOT from Dutra.
It would appear the Dutra Group will agree to anything, find and/or make loopholes (real or not) and then do
whatever they want to do to conduct their business.
Dutra's San Rafael Rock Quarry
SRRQ History
http://www.sl)rcoalition.org/topics/quarrv/historV.htmi
The San Rafael Rock Quarry (the "Quarry") is a 750 -acre open pit and strip mining operation
located at 1000 Point San Pedro Road in Marin County, California, on a promontory that extends
out into San Rafael Bay, and that features a prominent and wooded hill (South Hill). The site is
generally bounded by the Bay and Peacock Gap residential area, though its immediate borders
include McNear's Beach Park (a family-oriented recreational area) and a salt marsh wildlife area.
The Quarry site has seen quarrying operations of varying intensities since the 1920s.
The Quarry provides raw materials used for road construction, levee repair, marine construction and
other industrial purposes. Because it has bayside access, it transports materials both over the roads San Pedro
by truck, and over water by barge.
1982 - Rezoning and an Amended Reclamation Plan
Road
Coalition
Box 449
369 "B"
In 1982, the County of Marin re -zoned what is now the Quarry's property from industrial (M-2) to Third
commercial/residential (RMPC) in connection with the City of San Rafael's 1980 Peacock Gap Street
Neighborhood Plan. Because quarrying operations are not compatible with a residential and light San Rafael,
commercial zoning status, the 1982 rezoning caused the Quarry to become a legal "nonconforming" CA 94901
use, which invoked County ordinances prohibiting the Quarry from expanding or increasing the
intensity of its use.
Also in 1982, the owners of the Quarry (the Basalt Rock Company) submitted an amended
reclamation plan (the 1982 Reclamation Plan or ARP 1982) that proposed, among other things, to
increase the Quarry's pit depth to 200 feet below sea level and to cease mining operations by the
early 1990s. A reclamation plan is required by state mining law, and its purpose is to ensure that
adverse environmental effects of mining are prevented or minimized, and that when mining is
completed the site is adaptable for another use. ARP 1982 was approved by the County without
requiring an environmental impact report.
1986 - Dutra Group Buys Property
The Dutra Group purchased the Quarry property from the Basalt Rock Company in 1986, and soon
sought to expand Quarry operations, including extending allowable pit depth to 300 feet, the strip
mining of South Hill and the extension of the Quarry's life for another 30 years (the predecessor
owners had estimated that the Quarry's useful life would end in 1992). Dutra Group representatives
claimed to be unaware of the property's residential zoning status and its consequent nonconforming
use. Nonetheless, the Dutra Group took no action to rezone the property to a status consistent with
its intentions.
As the Quarry steadily, and illegally, expanded operations into the mid 1990s, residents living
nearby began complaining of the noise, dust and truck traffic resulting from Quarry operations. The
Quarry defended these activities by arguing that a California Supreme Court case, Manson Brothers
Enteiprises, Inc. vs. Board of Supefvisors of Nevada County, (1996) 12 Cal. 4th 533, allowed the
Quarry to expand operations consistent with the predecessor owners' expansion plans that existed
before the site was rezoned. Though the matter generated much discussion on the local political
scene, and with the County bureaucracy, nothing much changed. Even through an early 1997 Dutra
Group bankruptcy, the Quarry continued to expand Quarry operations. Many residents in the area
had seen, heard and felt enough when a tremendous dynamite blast in the Quarry bowl in 1997
caused substantial damage to local homes resulting in claim settlements with many homeowners.
2000 - Challenges to the Quariy Multiply
In 2000, the Marin County Planning Commission determined that the Quarry was not in compliance
with the 1982 Reclamation Plan with respect to (among other things) pit depth and truck traffic, and
directed the County staff to order the Quarry to comply with the plan. It also noted that the
operating restrictions contained in ARP 1982 were no longer adequate for the Quarry's operations.
For another several years, the Quarry continued to operate well beyond the restrictions set forth in
ARP 1982 with the County of Marin taking no action.
In 2001, a Grand Jury was convened to investigate the handling matters of Quarry operations by
various Marin County government departments. The Grand Jury made a number of findings,
including that the County had failed to reassess the value of Quarry property based on the 1986
purchase price, failed to collect property taxes due on illegally constructed and remodeled dwellings
on Quarry property and allowed the Quarry to expand operations illegally and beyond applicable
zoning restrictions.
2002 - Coalition Sues Quari`v
In 2002, the Point San Pedro Road Coalition (along with other neighbors living adjacent to the
Quarry) filed a lawsuit against the Quarry alleging that the Quarry has been and is illegally
operating beyond the scope of its nonconforming use and that the Quarry constitutes a nuisance. A
trial was held, and Judge John A. Sutro, Jr. issued an opinion on January 21, 2004. Judge Sutro
made a number of findings, including generally the following:
1. Since 1982, the Quarry should have operated, but did not operate, consistent with the
provisions of ARP 1982.
2. Since 1982, the Quarry should not have operated, but did operate, in a manner that had a
significantly greater adverse impact on the neighborhood.
3. The Quarry neglected to file an amended reclamation plan to reflect its current operating
plans, thus constituting a violation of California's Surface Mining and Reclamation Act
(SMARA), various Marin County ordinances and the Peacock Gap Neighborhood Plan, and
an unlawful business activity.
4. Notwithstanding these violations, and given that the Quarry has operated illegally for so
long without effective oversight by Marin County authorities, the Quarry should not be shut
down without giving it and County authorities the opportunity to present an amended
reclamation plan governing future operations.
Judge Sutro then ordered that the Quarry be enjoined from conducting future mining operations on
the property, but suspended the injunction to allow the Quarry to submit an amended reclamation
plan to be considered by the County. The order was amended soon thereafter to prescribe "interim
operating conditions" that are to apply while the amended reclamation plan is being considered.
Those interim operating conditions are summarized on the 0mratinp, Conditions page.
In 2004, the Quarry submitted to the County a proposed amended reclamation plan ("ARP 2004"),
setting forth how the Quarry property ought to be reclaimed for other uses after mining on the site is
completed.
Current Developments
Environmental review is now underway on the Quarry's ARP 2004 and a new operating permit.
Both ARP 2004 and the permit application are being reviewed together. ARP 2004 proposes to
mine the site for another 17 years to an ultimate depth of 400 feet, involving a massive and
continuous earthmoving program that would dramatically and negatively impact the community and
the environment by increasing noise and dust well above present levels. Most of this would be
conducted in the summer months when residents are engaged in outside recreational activities and
when they keep windows open at night for ventilation.
The Dutra Group has proposed this earthmoving activity as an aspect of the updated reclamation
plan. If this activity were instead proposed as part of an updated Quarry operations plan, it would
be refused as an impermissible expansion of the Quarry's nonconforming use. Therefore, the Dutra
Group is proposing to expand its permit illegally by simply characterizing the movement of over 2
million tons of earth over 17 years as reclamation instead of operations.
ARP 2004 also proposes the same future reuse as ARP 1982, that is:
1. 350 residential units (including single family units in the Northeast and Northwest
quadrants),
2. marina -front second story apartments and townhouses in both quadrants and on terraces on
the south side of South Hill,
3. an administrative -professional complex in the Northwest quadrant and marina commercial
space in the Southeast quadrant around the lagoon and on the bayfront,
4. space for retail, yacht sales, a hardware store, restaurants and a hotel, and possibly even a
ferry terminal,
5. a marina lagoon constructed by flooding the bowl from the bay, and
6. a 600 -slip marina and yacht club.
Approval of ARP 2004 does not approve the land uses described above. The governing policy
documents for land use on the site are the Marin Countywide general plan and the San Rafael
general plan. Unfortunately, neither the current draft of the new Marin Countywide Plan nor the
recently approved San Rafael General Plan 2020 include tangible policy standards for
redevelopment of the Quarry site.
The Coalition and its legal counsel contend that the permit application that is running parallel to
consideration of ARP 2004 may result in what is effectively a business use permit that will regulate
hours of operation, truck traffic on public roads, barge and loading operations, vibration from
blasting and other things. For its permit, the Quarry is seeking to adopt most of the interim
operating conditions contained in Judge Sutro's amended order as the Quarry's permanent rules of
operation.
In November 2005 the County began accepting comments on issues to be studied in the
Environmental Impact Report (EIR) for the ARP 2004, and a January 2006 "scoping session" was
held at St. Luke's Church for this purpose. The Coalition asked that an alternative be considered
that would eliminate the need for an enormous amount of trucking, noise, dust and earth -moving,
reduce the intensity of development in the proposed reuse plan and allow for immediate reclamation
of the marsh areas and brick resource area. The mining and quarrying permit is undergoing
preliminary analysis by county EIR consultants now and a public comment period regarding
environmental impacts associated with the operations plan may take place late in 2006. It will take
several months to prepare the interconnected EIRs and the completed documents will be subject to
public hearings, possibly in the spring of 2007. Final action on the dual applications by the County
Board of Supervisors could take place in late 2007.
Summary of the Concerns of the Residents of Pt. San Pedro Road Corridor
The conflict with the Quarry arises directly from its stewardship of the Dutra Group. It has operated
the Quarry on an assumption that local residents have no right to complain about its methods of
operation because they should have known they were moving in next to a quarry. However, given
that the property had been rezoned to residential and light commercial, Judge Sutro found that Dutra
has illegally increased the intensity and scope of Quarry operations, with resulting increases in dust,
diesel, noise, traffic, visual, and blasting impacts, significantly and adversely impacting the
neighborhood.
The process currently underway will sort out the conditions on which the Quarry will operate for the
next two decades. If residents of the Point San Pedro Road corridor, and particularly Peacock Gap,
do not express to Marin County officials their experiences with past Quarry operations, the current
interim conditions, and their concerns about future operations, County officials are far more likely
to, in effect, legalize currently illegal Quarry operating conditions. The County has failed to force
the Quarry to operate within its legal limits in the past, and could cooperate with the Quarry's desire
to legitimize what has been past illegal operating conditions.
The Quarry should be required to live at least within the restrictions that applied when the Dutra
Group acquired it in 1986, and with additional appropriate restrictions that recognize the residential
growth in the neighborhood. Voice your concerns and complaints to Marin County using the
instructions on the Operatingz Conditions pate. Also, please submit any comments to the SRRQ
Committee using the form provided on the Committee tea,2e.
Aimi Dutra: Quarry working to be a good neighbor
Staff Report - Posted: 01/29/2007 http://www.mariiiii.com/marinnews/ei 5109732
Aimi Dutra
IT IS IMPORTANT to respond to a recent story and editorial in the Independent Journal regarding Marin Judge
John Sutro's latest status conference with the San Rafael Rock Quarry, the county of Marin and the
Neighborhood Coalition.
First, there has been criticism that the quarry did not respond to more than 200 letters and/or e-mails that the
county received from neighbors regarding quarry operations over the past several months. In fact, prior to the
status conference on Jan. 17, the county had forwarded only eight of those e-mails to the quarry. The quarry
promptly responded to each of those complaints, via e-mail, individual visits and, in one case, hiring a
geotechnical expert to evaluate the complaint.
The quarry pays the county $10,000 a month to monitor its compliance with the court-ordered operating
conditions. We believe this should include forwarding all complaints from neighbors to the quarry. It is quarry
policy to respond to all complaints received from the county. We also do our best to respond to all complaints
that are sent directly to us. If, however, the county does not share the complaints it receives with us, we cannot
respond.
In no way am I suggesting that we are not aware that some of our neighbors have concerns about quarry
operations. The bottom line, however, is that we are being severely criticized for not responding to a large
volume of complaints, when, indeed, we had not received them.
Second, there have been
repeated accusations that the quarry is a bad neighbor. Again, I feel that I have to defend the quarry and reiterate
what it has done to be a good and responsive neighbor.
During a meeting with Supervisor Susan Adams in the fall, she asked if we had explored the possibility of using
bio -diesel for all of our on-site vehicles. After researching that option, we immediately switched all of our
vehicles to bio -diesel and have encouraged our clients to follow this trend toward environmental protection.
We also installed a new truck washer to reduce the amount of dust and dirt that is tracked out of the quarry after
truck loading. Additionally, again at Adams' request, we have cut down and eliminated all of the scotch broom
at the site to enhance the air quality and reduce pollen pollution.
Lastly, all San Rafael Rock Quarry rolling vehicles were installed with the bbs-tek broadband backup alarm, a
new piece of equipment that emits a non -strident sound that is fully directional and meets Cal -OSHA safety
requirements, but at five decibels lower than conventional backup alarms, reducing noise from vehicle
operations at the quarry. These alarms are a safety requirement mandated by the state and required on all
operational/production vehicles at the quarry site.
There has also been an inference that the quarry has "hidden behind the cloak of emergency work" to increase
its output and hours. That is untrue and contrary to our commitment to stay in compliance with the court's
orders. We have not only had to address the emergency status of our local levee breaks, but also the ongoing
emergency work in the Sacramento Delta, as declared by Gov. Arnold Schwarzenegger.
Despite the increased demand for rip -rap for this important and time -critical work, we have remained in total
compliance with the judge's 2004 restrictions on truck trips, hours of operation, blasting (conducted only from
11:30 a.m. to 1 p.m., Monday to Friday), noise and vibrations.
Operating a quarry is neither a pristine nor a silent business. The San Rafael Rock Quarry has operated for more
than 100 years and is vital to the current levee repairs in the Delta, as well as local projects and emergency
response action. We have invested in our operations to improve air quality and reduce noise and traffic
congestion. Therefore, we take offense when unjust and untrue accusations are made against us.
We will continue to work hard and put resources into whatever it takes to demonstrate our willingness to
continue to be a good and responsive neighbor.
Aimi Dutra is community relations director for the Dutra Group, owner and operator of the San Rafael Rock
Quarry
Judge scolds rock quarry
Nancv Isles Nation
Posted: 01/18/2007 htty)://www.mai-iiiii.coin/iiiarinnews/ci 5035479?IADID=Search-www.iiiarinii.com-
www.mari nii.com
A Marin judge gave a stern warning to the owners of the San Rafael Rock Quarry on Wednesday, saying they
need to start being the kind of good neighbor they claim to be.
Marin Superior Court Judge John Sutro told a lawyer for the Dutra Group that its operations are causing
residents in the surrounding community physical and psychological suffering.
"I suggest to the quarry that before something is rammed down your throat that you don't like, you ought to
listen to these people," he said.
Sutro said he read more than 200 complaints from about 70 residents, and he believes their lives are being
disrupted by the quarry operation.
"I cannot understand how a situation like this has been allowed to persist," Sutro said, noting that on two
occasions, the quarry violated the conditions of a January 2004 court order.
Sutro, who said he thinks quarry owners have used the levee breaks as an excuse to ramp up their operations,
asked Dutra attorney Chris Locke if he had read the e-mails from neighbors.
"Would you like to trade places with them?" Sutro asked. "Put yourself in the position of the people who live
there."
Sutro did not make a ruling at Wednesday's court hearing, which was listed as a status conference in a conflict
that has pitted residents against the mining operation off Point San Pedro Road in San Rafael.
Sutro imposed limits on quarry hours of operation in January 2004 after the county of Marin, the state attorney
general's office and a neighborhood
group sued the Dutra Group. The litigants alleged the business was operating the quarry illegally and creating a
public nuisance by generating harmful dust, excessive noise and traffic congestion. The Dutra Group denies the
claims.
Outside the courtroom, Bonnie Marmor and Denise Lucy, co -presidents of the Point San Pedro Road Coalition,
said they were thrilled that Sutro has recognized that the neighbors are suffering.
"In the past it has seemed like we are all cranks," Lucy said. "We are all professional people."
She said the conditions under which the quarry operates are so minimal that it is hard to violate them, but the
quarry does.
Lucy said most of the complaints filed with the court had to do with the trucks that carry rock to destinations in
Marin and elsewhere.
"It's like living on Highway 880 on a residential road," Lucy said. "We want them to invest in their operations
so it is tolerable to live there."
Attorney Amanda Metcalfe, who had filed her own lawsuit, said the blasting feels like earthquakes.
"There are cracks in our homes - cracks in our foundations," Metcalfe said.
The court order will be in effect until completion of an environmental study, and approval by the county of a
plan to reclaim the land when Dutra ceases mining operations. In addition, the county is amending the quarry's
mining permit to reduce the impact on neighbors. Public hearings will be held on both matters this year.
Locke said after Wednesday's court hearing that the quarry was in an emergency response mode for six weeks
in the early part of 2006, supplying materials to repair San Joaquin Delta levees and Marin mudslide damage.
During that period, the quarry was permitted to operate 24 hours a day, seven days a week.
After Gov. Arnold Schwarzenegger declared repairs to the levees must be finished by November, the quarry had
to perform a massive job while operating on its normal court-ordered conditions.
The first violation occurred on Veterans Day in November, when trucks were on the job on a holiday. Locke
said that would not happen again.
The second violation occurred the Monday after Thanksgiving, when a blast manager failed to post a notice on
the quarry's Web site 36 hours in advance.
Locke said the notice was posted 27 hours ahead, but acknowledged the violation, saying cross-checking
between blast managers and the Web site operators had been put in place.
Locke noted that Dutra has taken many voluntary steps to be a good neighbor, saying that all of the company's
trucks were switched to biodiesel fuel and a truck -washing station has been built to clean the underside of trucks
to reduce dust.
Marmor said dust is a continuing problem. Residents from neighborhoods including Marin Bay Park, Peacock
Gap and Peacock Estates have health concerns about the dust that settles on their property, Marmor said.
The coalition is considering filing a motion with the court asking for more strict conditions on the operation.
"They simply are not working to protect the neighbors," Marmor said. "They are working day and night and
doing operations that are disruptive to the community."
The next status conference is scheduled for July 18, but a hearing could be set earlier if motions are filed.
COURT RULES
Under a January 2004 order by Marin Superior Court Judge John Sutro, the San Rafael Rock Quarry must
operate under the following conditions:
- The number of truck trips cannot exceed 250 per day.
- Gates must not open until 7 a.m.
- Truck trips cannot be made on weekends or holidays.
- Blasting is limited to weekdays and must take place between 11:30 a.m. and 1:30 p.m.
- Blasting velocity may not exceed specified limits.
- A warning must be posted on the quarry's Web site 36 hours before blasting is scheduled to occur.
- Noise and vibration levels must not exceed specified limits.
- Barges cannot be loaded between 10 p.m. and 7 a.m.
- All trucks must be washed down before leaving the property.
- Streets must be swept no more than twice a day.
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