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Pacific Sun Wednesday, October 16, 2002 © by Denise
Sewell
Check out Photos From the Protest!
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Rocky territory Pressure mounts on San Rafael Rock Quarry By Denise Sewell Last week, frustrated residents combined forces with Greenaction, an environmental health activist group, to stage the first public protest at the gates of the San Rafael Rock Quarry. On Tuesday, October 8, about 50 people stood along North San Pedro Road, with the quarry's entrance and dust-filled skyline as a backdrop. Many, dressed for the office, donned dust masks and waved signs declaring "Stop Abuses by the Quarry" and "Too Much Truck Traffic." Not your typical protest crowd, most were working professionals who had never attended a protest before. "Residents contacted us and after listening to their concerns and reviewing the facts, we felt their position was valid," said Greenaction's executive director, Bradley Angel. He emphasized that Greenaction is not part of any legal actions against the quarry, nor is it involved with upcoming elections. As he spoke, passing drivers
honked and waved and several trucks rumbled in and out of the quarry.
A quarry employee called the police because he was concerned about public
safety as large trucks slowed down to negotiate past protesters. "If
they're so worried about public safety, they should stop Angel said his organization called Aimi Dutra, spokesperson for quarry operators, The Dutra Group, and after two weeks with no response, decided it was time to take action. Dutra says she must have missed Angels' message, but she'd be happy to meet with Greenaction. Although Jonathan Frieman, a director of the Point San Pedro Road Coalition-formed by 17 homeowners associations-contacted Greenaction as an individual, Coalition members supported the move. "This corporation is stomping on human beings," said Frieman. "We want to let the media and everyone else know that we mean business." Susan Adams, 1st District candidate for Supervisor, spoke through a dust mask as she stood alongside protesters. The smell of diesel was strong and Adams, an asthma sufferer, used her inhaler a few times during the protest. She's a nurse and public health advocate who's concerned about Marin's high cancer rates, and how toxic diesel emissions, noise and dust from the quarry impacts residents and local school children. She worries about the effect of 600 diesel truck trips per day in and out of the quarry. "I'm the only candidate for supervisor who can represent her constituents from a health standpoint," says Adams. Her opponent, Paul Cohen, was unaware the protest was planned but says he sympathizes with the protesters, and if elected, he'd provide leadership to ensure that the quarry operates within appropriate parameters. One of the complaints voiced during the protest is that the quarry uses 10,000-15,000 pounds of explosives to maximize final results and to avoid having to crush the material. They insist that Dutra could do much smaller blasts but doesn't because it's more costly to crush. They said that when dust plumes settle, they can write on their vehicles using their fingertips and some of their yards are dusted in a fine layer of black soot. According to protester Anne Scott who regularly tracks the USGS, geologic activity in San Rafael that registered 1.54 on the Richter scale August 2nd was likely attributed to quarry blasting that day. Allstate Insurance has filed suit against The Dutra Group seeking to recover damages for a $19,822.51 claim they paid to a homeowner in the neighborhood. They allege the quarry "carried on an ultrahazardous blasting activity" and "should have recognized that the home was in close proximity and likely to be harmed." Protester Pat Jordan remarked, "None of the questions raised by the Grand Jury have been answered." He was referring to a scathing Grand Jury Report issued June 6, 2001 where numerous recommendations were made that primarily addressed unpaid taxes on unpermitted buildings, violations that have yet to be remedied. Angel announced through a loudspeaker, "Residents and Greenaction are asking The Dutra Group to end off-site dust emissions, and to dramatically reduce the truck traffic that brings noise, congestion and toxic diesel emissions. Today we are issuing a 30-day notice for results and we're not going to go away." The Dutra Group is being rocked by more than protesters. On November 1st, Marin County Superior Court Judge Vernon Smith is expected to rule on motions filed by the State Attorney General's Office, the county of Marin, Patricia Henle, a class-action lawyer and two individuals, Jonathan Frieman and attorney Amanda Metcalf. The plaintiffs are arguing different and overlapping grievances. In 1972, the Planning Commission issued a use permit that had minimal conditions to Basalt Rock Company, the former owners. Basalt filed an Amended Reclamation Plan in 1982 that stated the quarry would close by the mid-1990's and the area was rezoned for light industrial and residential use. The City of San Rafael allowed residential development to expand based upon the expected closure. During a March 27, 2000 hearing, the Planning Commission ruled that the quarry was in noncompliance with the 1982 plan. Judge Smith's rulings could determine what action, if any, the quarry needs to take and he could order them to close. "We are operating within our vested mining rights," says Dutra. "The possibility of closure would be unfortunate." "Our lawsuit requests
that the quarry cease until they have proper The state will argue that the quarry is creating a public nuisance as will Patricia Henle who is requesting that they scale operations back to 1982 levels when the area was rezoned. She asserts that the quarry profited by intensifying their activity and is asking for financial compensation to class-action plaintiffs based upon Dutra profits. Jonathan Frieman's case is based upon the premise that The Dutra Group is abusing its status as a corporation. "Their inaction really created this war," says attorney Amanda Metcalf, who lives across from the quarry. She is also naming Safeco, a multi-million dollar corporation in her suit. "I'm including Safeco because they may have an interest in the Dutra holdings," says Metcalf. Her home is only three years old and there are cracks in the ceilings and walls. P.G.& E told her she has breaks in her gas lines. "I'm breathing the dust-my property values and my health have been impacted by the quarry operation. What good does it do us to eat organic produce if we're breathing in silica?" she asks. Residents who purchased their homes long ago with the understanding that the quarry would close feel duped. Those who purchased more recently said they were shown property on weekends when the quarry was silent and that blasting doesn't occur during broker's open house Thursdays. Coalition co-chair, Stuart Lum says, "The neighbors are extremely upset by the continued large blasts, the heavy truck traffic and the massive berm that now obstructs their views of the bay." He said the nearby Chapel Cove developers have to build a soundwall. An acoustical consultant for the project concluded that, "A significant percentage of daytime traffic on the roadway is truck activity from the Dutra materials quarry." The consultant stated that noise levels from passing trucks hit 78dB (decibals), far exceeding the 60dB level recommended for residential areas. "We've taken steps to address the public's concerns," assures Dutra. "We've spent $1 million to mitigate noise." With regard to the berm Dutra responds, "At one time residents had requested such a shield and now they want it to be taken down." She stressed the importance of the historic quarry to the county and says that 80-85 percent of all material leaving the operation is used in Marin. She says truck traffic has been reduced by 41 percent since 1999 and that they've increased barging. "We now have a daily dust and street sweeper, washdown racks, a full-time marshall patrolling the road, metering lights to prevent convoys and 24-hour blasting notification on our website," says Dutra. "Aimi Dutra can say anything she wants but we would challenge her to prove it. Where is the independent monitoring?" asks Lum. "The Dutra Group never negotiated with good faith," he adds. "It's clear by the list of complaints that they broke the law and now there's a day of reckoning coming." This is a textbook example of residential development reaching an industrial site on the former outskirts of the city limits and creating incompatible land use through poor urban planning. The Dutra Group plans to operate the quarry until its resources are depleted, which could take another 30 years and reach 600 feet in depth. The courts appear ready to weigh in on this contentious issue. For more info: ©2002 The Pacific Sun |
