Citizens wait for decision on asphalt plant

Meadow Vista resident Cheryl Berg worries that her family might have to move if a judge rules that a nearby asphalt plant can continue to operate with its existing permit.

Her two young daughters suffer from asthma, which she believes is aggravated by exhaust from the growing number of diesel trucks driving past her house on their way to and from the plant during full operation.

"I feel like we're being pushed out of our homes," said Berg, expressing a common concern among residents who live close to the plant in Placer County, near the southern Nevada County line.

Residents bought their houses with full knowledge of the asphalt production, counters Brigit Barnes, the lawyer representing business owner Chevreaux Aggregates Inc.

"People who have moved to the area recently are attempting to treat this like it's a new operation," Barnes said.

On Tuesday, a Placer County judge will decide whether Chevreaux has violated the conditions of its permit, as alleged in a lawsuit filed last July by Meadow Vista Protection, a group of residents in Meadow Vista and surrounding communities. MVP includes residents of Lake of the Pines in southeastern Nevada County, which sits within a 3-mile radius of the plant.



Dispute over permits

Chevreaux contends its historical permits, dating back to 1946, were grandfathered into any later Placer County land use ordinances and also are protected by the 1975 California Surface Mining and Reclamation Act.

MVP alleges that Chevreaux's 1972 permit to operate the asphalt plant has lapsed, so the company must re-apply for a permit and undergo an environmental impact report required by the California Environmental Quality Act.

Chevreaux Aggregates, owned by the Chevreaux family of Auburn, has operated a quarry at the end of Combie Road in Meadow Vista since 1947 - long before Placer County established code ordinances. The company has held a permit to maintain an asphalt plant since 1971.

Although the original lawsuit includes a nuisance complaint against Chevreaux, citing the health and environmental effects of increased truck traffic, diesel pollution and noise, MVP dropped the public nuisance claim after a judge ruled that the nonprofit group had to own property in order for the case to proceed. Although MVP's members own property, the nonprofit group does not.

Still, MVP sees the ruling as a way to address a concern they've had all along: That Chevreaux is in violation of Placer County's code provisions.

The goal of the group is not to put Chevreaux out of business but for the company bring their permit up to date, MVP President Jeff Evans said.

"This has been our goal all along," Evans said. "We really wanted (Chevreaux) to look at a new permit and not use an old permit from 1972."

Lawyers hired by MVP researched Chevreaux's land use entitlements and allege that Chevreaux is operating its quarry outside of the boundaries of its original mining permit. They also argue that the 1972 permit entitling the company to relocate the asphalt plant had lapsed after 12 months of non use.



Hundreds more trucks

Residents also contend that Chevreaux is allowing too many trucks at its facility. When Chevreaux received its surface mining permit in 1965, Placer County planners had the understanding there would be about 20 truck trips daily to and from the plant. During a week in October 2005, MVP members counted as many as 362 trucks going to and from the Chevreaux site on a given day.

The asphalt plant operates seasonally and is not operating now. Some Lake of the Pines residents worry that if the plant kicks into high gear, truck traffic and pollution would affect their community.

"We can hear the gravel operation from where we live," said LOP resident Claire Brown. "If that plant is activated, the wind will carry the odor right into our area."

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To contact Staff Writer Jill Bauerle, e-mail jillb@theunion .com or call 477-4219.