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Rancheria plans for new facility contested
Published: January 5, 2008
By Kelley Atherton
Triplicate staff writer
The Del Norte County Planning Commission heard heated public comments this week concerning Smith River Rancheria's variance request for an off-site wastewater collection system, treatment and disposal facility.
Commissioners voted to keep the public hearing open until the Feb. 6 meeting at 7 p.m. They recommended that the Tolowa Tribe's rancheria representatives meet with concerned neighbors to answer questions and address concerns.
A variance is needed because the facility would be off-site from where the wastewater is generated on the Tolowa rancheria. The project site is located between Ocean View Drive and U.S. Highway 101 in Smith River on two parcels, about 11.4 and 72 acres in size. It is about two miles north of the rancheria.
The facility would be constructed in an existing barn. Wastewater would be piped from the rancheria to the off-site location, collected and treated, then disposed in the surrounding leach field. Currently, the general plan designates it for agriculture, and historically Easter Lily Bulbs have been grown there. The Rancheria purchased the land from Itzen Bulb Farms.
Del Norte County Code for sewage disposal systems states they may be located off-site when another parcel is the only available option. The county Planning Department made the following conclusions and said the facility would not have a negative impact:
• There are exceptional or extraordinary circumstances or conditions applying to the land, which do not apply to other lands in the same district
• The variance is necessary for the preservation and enjoyment of substantial property rights of the applicant
• The variance will not adversely affect the health and safety of anyone residing or working near the property and will not be detrimental to the public welfare, the property or neighborhood improvements
• Winzler and Kelly Consulting Engineers conducted a biological survey to evaluate potential impacts to the environment and variance approval conditions have been incorporated to protect biological resources
Neal Carnum with Winzler and Kelly told the commissioners that the Rancheria has been working on a solution for its wastewater problem for four years trying to find a suitable parcel. It wants to build a new facility before its system fails and causes a public health threat. The new system could treat up to 60,000 gallons a day. On-site locations were not deemed suitable for the needs, in particular a parcel where tribal elders reside.
Property values a concern
Nearby residents voiced concerns about property devaluation, noise and odor.
Several neighbors, including Robert Drossel, who resides in the Spyglass subdivision, said they are concerned about property values decreasing — having the treatment facility nearby could be a negative factor for a property appraisal.
The residents' consensus was that any treatment facility should stay on reservation land, rather than piping sewage north to their neighborhood. Carnum said that the Rancheria looked into doing that years ago, but when the lily bulb farm went on the market, it was decided that could be a good location.
Concerning possible odor, Carnum said the treatment process involves adding oxygen to the wastewater and it's concealed in a barn as "extra security." Drossel retorted that where there's sewage, there's odor.
"You can dress it up, put lipstick on it, put it in a barn, but it's still a pig," Drossel said. "With the best systems in the world, there's still an odor."
Overflow into ocean
Several environmentally-minded residents said they didn't want wastewater flowing into the ocean, as has happened in Crescent City. Peter Morelli pointed out that the chemically treated water disposed in the soil "will find its way to the ocean." Other residents mentioned that the wastewater could leak down into caves below the farm.
"Environmentally, this is a disaster," Morelli said.
Carnum said that by state law, wastewater cannot be discharged into the ocean and the facility would be designed to prevent that from happening.
"It won't contaminate the water underground," he said.
Agricultural usage
Others felt the land should remain for agricultural usage, since that is what it's zoned for. The soil on the lily bulb farm is adequate for a leach field, Carnum said, and the Rancheria will still grow farm lilies.
"They can still farm there," he said. "It won't disturb the farm."
Visually, the site will not look different, he said. Several neighbors disagreed, claiming the project would ruin a pristine area.
Construction noise and, later on, continuous machinery noise would carry over the relatively flat terrain, residents said. Susan Hernandez said that the people who reside in that area are "blessed" to live amongst beautiful scenery away from city noise. She mentioned that while sitting outside she can hear the lily bulb farm workers talking. Carnum said that because the facility would be in a barn, any noise would be muffled.
Additional agenda items
Ellen Brown was voted in as chair for 2008 and Keith Restad as vice chair.
The commission approved several requests, including:
• A boundary adjustment at 150 and 170 Tanbark Lane.
• Three coastal development permits for new residences, one on Willow Street between Keller Avenue and Spruce Street; the second on Keller Avenue off Willow Avenue, and the third Willow Avenue off Murphy Avenue.
• Coastal grading permit for improvements to Willow and Keller Avenues.
• Use permit to replace a non-conforming residence at 716 Butte St.
• Use permit for an overheight accessory building at 200 Darby St.
• Amendment to a home enterprise for a chiropractic office at 200 Darby St.
• Use permit for Edge Wireless cell tower off Ocean View Drive in Smith River. The commissioners selected a dark green lattice style tower.
• A minor subdivision of four parcels and a remainder on Ocean View Drive in Smith River
• General plan amendment and minor subdivision of a 57.5-acre parcel into four and a remainder on 5260 North Bank Road in Hiouchi, a proposal which moves to the County Board of Supervisors for final approval
• A district rezone from R1B6 - Zone 2 to R1B6 - Zone 1 to decrease setbacks for residences located on Spruce Street, Keller Avenue and Willow Avenue, moves to Board of Supervisors for approval
Reach Kelley Atherton at katherton@triplicate.com.
Rancheria plans for new facility contested
Published: January 5, 2008
By Kelley Atherton
Triplicate staff writer
The Del Norte County Planning Commission heard heated public comments this week concerning Smith River Rancheria's variance request for an off-site wastewater collection system, treatment and disposal facility.
Commissioners voted to keep the public hearing open until the Feb. 6 meeting at 7 p.m. They recommended that the Tolowa Tribe's rancheria representatives meet with concerned neighbors to answer questions and address concerns.
A variance is needed because the facility would be off-site from where the wastewater is generated on the Tolowa rancheria. The project site is located between Ocean View Drive and U.S. Highway 101 in Smith River on two parcels, about 11.4 and 72 acres in size. It is about two miles north of the rancheria.
The facility would be constructed in an existing barn. Wastewater would be piped from the rancheria to the off-site location, collected and treated, then disposed in the surrounding leach field. Currently, the general plan designates it for agriculture, and historically Easter Lily Bulbs have been grown there. The Rancheria purchased the land from Itzen Bulb Farms.
Del Norte County Code for sewage disposal systems states they may be located off-site when another parcel is the only available option. The county Planning Department made the following conclusions and said the facility would not have a negative impact:
• There are exceptional or extraordinary circumstances or conditions applying to the land, which do not apply to other lands in the same district
• The variance is necessary for the preservation and enjoyment of substantial property rights of the applicant
• The variance will not adversely affect the health and safety of anyone residing or working near the property and will not be detrimental to the public welfare, the property or neighborhood improvements
• Winzler and Kelly Consulting Engineers conducted a biological survey to evaluate potential impacts to the environment and variance approval conditions have been incorporated to protect biological resources
Neal Carnum with Winzler and Kelly told the commissioners that the Rancheria has been working on a solution for its wastewater problem for four years trying to find a suitable parcel. It wants to build a new facility before its system fails and causes a public health threat. The new system could treat up to 60,000 gallons a day. On-site locations were not deemed suitable for the needs, in particular a parcel where tribal elders reside.
Property values a concern
Nearby residents voiced concerns about property devaluation, noise and odor.
Several neighbors, including Robert Drossel, who resides in the Spyglass subdivision, said they are concerned about property values decreasing — having the treatment facility nearby could be a negative factor for a property appraisal.
The residents' consensus was that any treatment facility should stay on reservation land, rather than piping sewage north to their neighborhood. Carnum said that the Rancheria looked into doing that years ago, but when the lily bulb farm went on the market, it was decided that could be a good location.
Concerning possible odor, Carnum said the treatment process involves adding oxygen to the wastewater and it's concealed in a barn as "extra security." Drossel retorted that where there's sewage, there's odor.
"You can dress it up, put lipstick on it, put it in a barn, but it's still a pig," Drossel said. "With the best systems in the world, there's still an odor."
Overflow into ocean
Several environmentally-minded residents said they didn't want wastewater flowing into the ocean, as has happened in Crescent City. Peter Morelli pointed out that the chemically treated water disposed in the soil "will find its way to the ocean." Other residents mentioned that the wastewater could leak down into caves below the farm.
"Environmentally, this is a disaster," Morelli said.
Carnum said that by state law, wastewater cannot be discharged into the ocean and the facility would be designed to prevent that from happening.
"It won't contaminate the water underground," he said.
Agricultural usage
Others felt the land should remain for agricultural usage, since that is what it's zoned for. The soil on the lily bulb farm is adequate for a leach field, Carnum said, and the Rancheria will still grow farm lilies.
"They can still farm there," he said. "It won't disturb the farm."
Visually, the site will not look different, he said. Several neighbors disagreed, claiming the project would ruin a pristine area.
Construction noise and, later on, continuous machinery noise would carry over the relatively flat terrain, residents said. Susan Hernandez said that the people who reside in that area are "blessed" to live amongst beautiful scenery away from city noise. She mentioned that while sitting outside she can hear the lily bulb farm workers talking. Carnum said that because the facility would be in a barn, any noise would be muffled.
Additional agenda items
Ellen Brown was voted in as chair for 2008 and Keith Restad as vice chair.
The commission approved several requests, including:
• A boundary adjustment at 150 and 170 Tanbark Lane.
• Three coastal development permits for new residences, one on Willow Street between Keller Avenue and Spruce Street; the second on Keller Avenue off Willow Avenue, and the third Willow Avenue off Murphy Avenue.
• Coastal grading permit for improvements to Willow and Keller Avenues.
• Use permit to replace a non-conforming residence at 716 Butte St.
• Use permit for an overheight accessory building at 200 Darby St.
• Amendment to a home enterprise for a chiropractic office at 200 Darby St.
• Use permit for Edge Wireless cell tower off Ocean View Drive in Smith River. The commissioners selected a dark green lattice style tower.
• A minor subdivision of four parcels and a remainder on Ocean View Drive in Smith River
• General plan amendment and minor subdivision of a 57.5-acre parcel into four and a remainder on 5260 North Bank Road in Hiouchi, a proposal which moves to the County Board of Supervisors for final approval
• A district rezone from R1B6 - Zone 2 to R1B6 - Zone 1 to decrease setbacks for residences located on Spruce Street, Keller Avenue and Willow Avenue, moves to Board of Supervisors for approval
Reach Kelley Atherton at katherton@triplicate.com.
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