|Bill Hocker - May 30, 2018 11:28AM |
Lisa Hirayama responds to Diane Dillon's comments:
Regarding Supervisor Diane Dillon’s response to my letter, “Tired of Being Ignored by Napa County Officials”, I believe her remarks are short-sighted and do not factually comport with the concerns raised in the Writ of Mandate that Circle Oaks’ litigated against Napa County and recently concluded in the Napa Superior Court. The mitigations that Supervisor Dillon is referring to are vague and not enforceable, and they are the subject of a pending appeal before the California Court of Appeals. The extensive monitoring she’s referring to is to be done by Walt Ranch, not by an impartial third party (which Circle Oaks asked for). That is the equivalent of having the fox guarding the henhouse. There will be no one checking to see that the monthly monitoring is being done. The County wouldn’t even put in a baseline level at which pumping would cease should water levels drop. Circle Oaks will only have the word of Walt Ranch that the water levels are fine. Circle Oaks did not receive any actionable safeguards for their water supply as a result of the County's approval of Walt Ranch. Napa County did not provide the same water protection guarantee for Circle Oaks’ residents that they did provide for neighbors of Circle S on Atlas Peak Road.
Yes, Supervisor Dillon had more than a short sentence response to my question, but the bottom line was that I will have to pay for water to be trucked in if the Circle Oaks County Water District’s wells go dry. She states that “if necessary to protect the basin, the county can revoke the project permit. The county has all the tools required to prevent the Walt Ranch from having an adverse impact on neighboring wells.” Please show me an example of where the County has EVER taken that action. And tell me, how well has that protection worked out for the neighbors of Carneros Resort and Spa? So, after all the trees have been cut down and the aquifer drained on Walt Ranch, then Napa County will revoke the project permit? None of that damage could ever be undone. None of what Supervisor Dillon says is enforceable, and even if it were, Napa County’s Code Enforcement Department is terribly understaffed. They provide no assurance that they will be able to respond in a timely manner to any of Circle Oaks’ concerns should our wells go dry while we await County action, if any. The key here is that Circle Oaks must first PROVE that Walt Ranch is the reason our wells went dry before any sort of review/assistance will be undertaken by the County. The onus will be on us, not on Walt Ranch, which is why I don’t trust Napa County to protect my property or water supply.
NVR LTE version 6/11/18: County offered no guarantees to Circle Oaks
Backup info for response
Below are Circle Oaks' contentions concerning groundwater, which in and of themselves, demonstrate that Circle Oaks did not receive any actionable safeguards for their water supply as a result of the County's approval of Walt Ranch. This section is to verify to you my source for my comments:
(GWMMP = Groundwater Monitoring and Mitigation Plan)
1. In its Opening Brief, Circle Oaks demonstrated that while mitigation measure
4.6-4 “refers” to the GWMMP set forth at Appendix R of the Final EIR, it does not incorporate it or require compliance with it. (Opening Brief at 24.) As a result, the GWMMP is just an appendix to the EIR. The County argues the GWMMP is an enforceable mitigation measure but points to no language in the Mitigation Monitoring and Reporting Program (MMRP) that would make it so. And as stated, regardless of whether the measures are incorporated into the MMRP, neither the MMRP or the GWMMP contain specific performance standards that would prompt the implementation of mitigation measures
2. The County claims that the Conditions of Approval and the GWWMP ensure
that monitoring and implementation of mitigation will take place. (Opp. at 37-38.) The last sentence of this section is telling. The County states “MM 4.6-4 spells out in detail the data to be collected, requires that Walt provide that information to the County, and empowers the County to take corrective action if the County and the hydrologist find it necessary.” (Opp. at 38.) The County does not explain what would prompt the implementation of mitigation, only that the County and Walt would do something if they found it necessary, and only if it is found that Walt Ranch caused the depletion.
3. Mitigation 4.6-4, in and of itself, fails to specify objective performance standards that the Project is required to meet, other than an undefined reference to “County standards” in the column for “Performance Criteria.” (Opening Brief at 26-28.) And as noted, the GWMMP provides for mitigation to occur when the level of drawdown “would not support existing land uses or planned uses for which permits have been granted” and only if it is later determined that Walt caused the drawdown. The County fails to explain what these provisions mean and how that would establish adequate performance standards. These unarticulated performance standards are insufficient to satisfy CEQA’s requirement to set identifiable performance standards at the time of project approval. [see page 12 of Reply Brief attached]
The above issues, and more, are the subject of an Appeal by the Circle Oaks community which is currently pending before the California Court of Appeals.