Dry Creek Citizens Coalition v. County of Tulare

J.In this appeal we are asked to determine the sufficiency of an environmental impact report (EIR) prepared by Tulare County (County) for the proposed expansion of a surface mining operation by Artesia Ready Mix Concrete, Inc. (Artesia). Appellants are four associations: the Dry Creek Citizens Coalition, the National and Tulare County Audubon Societies and the California Native Plant Society. The novel issue on appeal is whether the water diversion elements of the project are adequately described under title 14, section 15124, subdivision (c) of the California Code of Regulations.

In addition, appellants challenge the project description with regard to access road improvements, three mitigation measures and the cumulative impacts analysis as to biological resources. They also contend County violated California’s Surface Mining and Reclamation Act of 1975 (SMARA) 2 by failing to submit the reclamation plan and financial assurances to the California Department of Conservation for review prior to approving the plan and surface mining permit. We conclude the judgment of the trial court should be affirmed. The EIR complies with the California Environmental Quality Act…