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Amador County – Amador County Planning released a Draft Subsequent Environmental Impact Report for the Buena Vista Biomass Power Plant this week that lists significant impacts in Jackson Valley from the proposed project, including emissions, light and noise. A 45-day comment period opened Tuesday and the Amador County Planning Commission set a public meeting to consider certifying the Draft SEIR. Buena Vista Biomass Power LLC has been working to revamp and reopen the former Cogen plant as an electricity plant, and has received a federal Wildland Fire Management grant for $2.4 million for restoration of the existing facility. The commission will get an overview of the project and take oral comments September 28th. A final decision cannot be made until the commission certifies the SEIR’s compliance with the California Environmental Quality Act. The SEIR, prepared by Douglas Brown of Ascent Environmental of Sacramento, said the “purpose of an EIR is not to recommend either approval or denial of a project.” Instead, “CEQA requires decision-makers to balance the benefits of a project against its unavoidable environmental effects.” The executive summary lists impacts expected to be “significant and unavoidable,” even with implementation of mitigating measures. Those included “long-term emissions of nitrogen oxides” into the air that “would exceed the recommended thresholds.” It said “operational emissions of (nitrogen oxide) could violate or contribute substantially to an existing or projected air quality violation” and could also “expose sensitive receptors to substantial pollutant concentrations.” The report said nitrogen oxide emissions would “exceed both the recommended thresholds of 10 tons a year and 65 pounds a day.” The project would also generate noise levels that “could exceed applicable noise standards.” The summary said the “project’s lighting would result in a significant and unavoidable impact on nighttime lighting,” because “the facility is currently minimally lit and there are few significant light sources in the area.” The project also could have cumulative traffic and operational noise impacts on Coal Mine and Buena Vista roads, where “proposed mitigation measures may be infeasible.” The project also could cumulatively affect Jackson Valley aesthetics, substantially altering “visual character” by “increasing the intensity of the site’s industrial activities.” Per CEQA, areas of impact found to be “not significant” were left out of the SEIR, including agriculture, cultural resources, energy, land use, mineral resources, populations & housing, and recreation. The planning department will compile and respond to comments in a Final Subsequent EIR. The public comment period closes 5 p.m. September 30th. The Planning Commission public meeting on the Draft SEIR is September 28th. Story by Jim Reece This email address is being protected from spambots. You need JavaScript enabled to view it.

Published in Local

Thursday, 19 August 2010 06:22

Supes Deny Request for Big 5 Traffic Mitigation Fee Reduction

Amador County - The Board of Supervisors unanimously voted Tuesday to deny an appeal requesting a recalculation of traffic mitigation fees for the Big 5 Sporting Goods store to be located in the Amador Plaza Shopping Center. The appeal was filed by J&S Management Owner Sheila Ortloff after a denial by the Public Health Department. Ortloff, while present at the meeting, was represented during comment by her daughter, Kari Ortloff-Evernden. As explained in a letter to the board, Ortloff thought the fee for her establishment was an error because “the portion of the building which will be used exclusively for storage is being charged a retail traffic impact rate.” A pre-application review estimate for the store fees was based on the replacement of existing small shops within a proposed expansion creating an additional 1,000 square feet of retail space and 2,500 square feet of storage. Ortloff’s company, J&S Management, said the estimate should be based on the Medium Volume Retail fee of $7,202 per 1000 square feet. Mike Israel, director of the Amador County Environmental Health Department, wrote in a response that the set fee for her establishment is based on a rate structure that differentiates between high volume, medium volume and low volume retail. He explained that “past practice for collecting (traffic fees) did not separate out storage area unless the business was primarily for storage purposes.” The final formula proposed by Israel took into consideration both the retail and storage space at a total estimated fee of $18,005. Ortloff also asked the board to “take into account the proposed Carl’s Jr. Restaurant which is requesting that your board waive all traffic impact fees.” The board and Israel explained that she was mistaken, and that the board never waived fees for fast food restaurants. In June, Supervisors approved a new fee category for fast food restaurants located within a shopping center or community based on a request by the interests behind a Carl’s Jr. restaurant proposed for construction in the Martell Shopping Center. That resulted in a reduction of the one-time fee of $48,944 per 1000 square feet to $18,240 per 1000 square feet for local fast food restaurants not adjacent to state highways. A motion by Supervisor Richard Forster to deny J&S Management’s appeal was unanimously approved. No further appeals can be made on the matter. Story by Alex Lane This email address is being protected from spambots. You need JavaScript enabled to view it.

Published in Local

Thursday, 19 August 2010 06:20

Sutter Creek Reallocates $325K to align Prospect-Bowers Drives

Amador County – Sutter Creek City Council joined most of the Amador County Transportation Commission members Monday in approving the reallocation of $325,000 toward the realignment of Prospect Drive in Sutter Creek. The funds were left over from the Mission Drive extension project, now complete in Jackson. The realignment of Prospect Drive will join it with Bowers Drive at a T-intersection on Ridge Road. ACTC Executive Director Charles Field said the project would help traffic in-flow into the new Walgreens store at Ridge and 49, with road access from Bowers Drive. Field said the reallocation of funds would allow ACTC the matching funds to qualify for a grant of $1.7 million for construction of the Sutter Creek project, up from $1.2 million. Councilman Pat Crosby asked if the project would allow left turn lanes into Bowers and Prospect. Field confirmed that it would. He said the intersection would not be “signalized” with electric lights, but the conduits for them will go in place, in this, the 2nd phase of the project. He said signals must meet Caltrans “warrants,” and a list from a “guide book” that “justifies signals on a state highway.” Lights would go in with Phase 3, but “would be unhooked from signals until Caltrans gives us the green light,” Field said, asking pardon for his pun. Mayor Pro Tempore said “it sounds like a great project for us, and it is one example where cities and the county share revenue for everybody’s benefit.” The funds come through the Regional Traffic Mitigation Program. Field said Wednesday that the Fee program came together quickly and has stood up well for ACTC members. A recent amendment created a new 3-tiered schedule of rates for different types of restaurants. He said a new nexus study was not needed because engineering existed for the change. Plymouth City Council criticized the 3-tiered plan because it gave a preference for lower rates to Carl’s Junior. Field said the tiers have obvious differences in the car trips they create, and Plymouth later approved it. Field said the Amador County Board of Supervisors on Tuesday gave another show of support for the regional fee program when they unanimously voted to decline a request to reduce traffic mitigation fees for Big 5 Sporting Goods in Martell. Big 5 is being built in 5 store fronts in Martell, including the former locations of Mountain Mike’s Pizza, BeginAgains, AAA Insurance, and Verizon Wireless. Field said ultimately, a new traffic impact nexus study will be needed, for a new, streamlined fee schedule. ACTC members want it simpler, such as commercial and residential categories, to help curb requests for rate adjustments and exemptions. Story by Jim Reece This email address is being protected from spambots. You need JavaScript enabled to view it.

Published in Local

Thursday, 19 August 2010 06:17

Convicted Killer Smithey Found Ineligible for Death Penalty

Calaveras County – The Calaveras County District Attorney’s Office announced Tuesday in a release that convicted killer George Hatton Smithey is determined to be mentally retarded, making him ineligible for the death penalty under the U.S. Constitution. Smithey, 70, was convicted of the April 5, 1988 murder, attempted rape and robbery of Cheryl Ann Nesler, 25, in her trailer near Glencoe. Calaveras County Deputy District Attorney Seth Matthews and Deputy State Public Defender Mary K. McComb obtained a court order on Monday that authorized a neuropsychologist, Dr. Daniel Martell, to conduct the test. Martell was also retained to analyze the findings of the defense psychologist used in the case, Dr. Dale G. Watson. The release said the move came as the result of an order issued by the California Supreme Court in September 2008 “requiring the Calaveras County District Attorney to show cause as to why the death penalty should not be vacated due to the Defendant’s claim of mental retardation, and a life sentence imposed instead of death.” The California Supreme Court order was issued in response to a habeas corpus petition filed by Smithey’s defense in 1998. The same court denied all other claims in that petition. In 2002, the U.S. Supreme Court prohibited the use of the death penalty for punishment of mentally retarded offenders under the Eighth Amendment. The Calaveras County District Attorney said that as a result of these new findings, “we expect the court will commute the Defendant’s sentence to life in prison without the possibility of parole.” The next court hearing is set for August 23, 2010 at 3 p.m. Story by Alex Lane This email address is being protected from spambots. You need JavaScript enabled to view it.

Published in Law Enforcement

Sunday, 15 August 2010 18:00