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NEYSA
A. FLIGOR (SBN 215876) STEIN
& LUBIN LLP Telephone:
(415) 981-0550 Facsimile:
(415)
981-4343 Attorneys
for Proposed Intervenors THE
NEW 49ERS, INC., a
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UNLIMITED CIVIL JURISDICTION
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KARUK
TRIBE OF
Plaintiffs, v. CALIFORNIA
DEPARTMENT OF FISH AND GAME and RYAN BRODDRICK, Director, California
Department of Fish and Game,
Defendants. |
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Case
No. RG05 211597 DECLARATION
OF MARCIA ARMSTRONG Date:
Time:
. Judge:
Honorable Bonnie Sabraw Place:
Department 512
Filing
Date: Trial
Date: |
Marcia Armstrong, being duly sworn, deposes and says:
1.
I am the Chairman of the Board of Supervisors of
2.
3.
4.
(a)
Actions of state and federal agencies to plan, adopt rules or regulations,
acquire land or interest in land, in fee or through easements, promulgation of
programs, land adjustments, and other activities of these agencies can have
significant effects on the customs, culture, economy, resources, and environment
of the County of Siskiyou and its citizens.
(b)
In order to protect the customs, culture, economy, resources, and environment of
the County of Siskiyou, it is critical that federal and state agencies recognize
and address the effects of any actions proposed within the County which may
affect matters, including, but not limited to, economic growth, public health,
safety and welfare, land use, the environment, conservation of natural
resources, such as timber, water, fish, wildlife, mineral resources,
agriculture, grazing, and recreational opportunities.
(c)
The coordination and consideration of the County's interest is required by law,
such as in those requirements set forth in the National Environmental Protection
Act, the National Forest Management Act, the Intergovernmental Cooperation Act,
the Federal Land Policy and Management Act, the Federal Administrative
Procedures Act, the State of California Public Resources Code, the California
Environmental Quality Act, and numerous other federal and state statutes and
administrative procedures.
(d)
These various state and federal laws provide for participation by
(e)
There is general County concern that, in the past, the legally required process
of notification, referral, and coordination of activities described above may
not have been consistently followed by state and federal agencies, which has led
to concerns by the County and its residents that uncoordinated actions may have
been adopted contrary to the requirements of law and potentially detrimental to
the customs, culture, economy, resources, and environment of the County of
Siskiyou.
(f)
There is a clear need to establish an effective and consistent joint procedure
for advance notification, referral, coordination, and participation to be
followed by all state and federal agencies when undertaking activities or
actions affecting the public health, safety, land use, customs, culture,
economy, conservation of natural resources and environment of the County of
Siskiyou, which procedure provides for a timely advance notice of opportunities
for participation which are essential to the integrity of the decisionmaking
processes of these state and federal agencies.
(g)
In order for this coordination and consultation to be meaningful, the said
notice and opportunity for input shall be given at the earliest possible stage
of the federal and/or state governments' contemplation or consideration of a
particular course of action with regard to land use plans, actions, or decisions
affecting land use in Siskiyou County and such notice shall be given with
sufficient specificity and prior to any psychological momentum having been
developed with regard to the particular plan, action, or decision.
5.
Accordingly, the Board of Supervisors adopted procedures to provide full
rights of participation:
(a)
All federal and state agencies shall inform the
(b)
The Siskiyou County Board of Supervisors shall be consulted in accordance with
the laws and regulations of the State of
(c)
All federal and state agencies shall, to the fullest extent permissible by law,
comply with all applicable procedures, policies, and practices issued by the
(d)
When required by law or when requested by the County of Siskiyou, all federal
and state agencies proposing actions that may impact citizens of the County of
Siskiyou shall prepare and submit in writing, and in a timely manner as soon as
is practicable, report(s) on the purposes, objectives and estimated impacts of
such actions, including environmental, health, social, customs, cultural and
economic impacts, to the County of Siskiyou. Those reports shall be provided to
the
(e) Before federal and state agencies
can alter land use(s), environmental review of the proposed action shall be
conducted by the lead agency and mitigation measures adopted in accordance with
policies, practices, and procedures applicable to the proposed action and in
accordance with all applicable federal, state, and local laws. Impact studies
shall, as needed, address the effects on community and economic resources, the
environment, local customs and public health, safety, and welfare, culture,
grazing rights, flood prone areas and access and any other relevant impacts.
(f)
For the purposes of this ordinance, each federal and state agency shall, unless
specifically authorized otherwise, give the required notice(s) to the County of
Siskiyou and the Board of Supervisors, via certified mail, as follows:
Siskiyou
(g)
Not less than five (5) complete copies of the written documents supporting the
proposed action shall be provided to the Clerk of the Board of Supervisors at
the above referenced address in such a timely manner so that there can be
meaningful review and input sufficiently in advance of the action.
(h) Notification of the availability of related documents shall be available for the minimum time set forth by the federal and state statute for such review or, if none is established by law, for a period of not less than forty-five (45) days prior to the proposed date of action, adoption or approval. This time is necessary to ensure adequate local opportunity for consideration and response.
6. Siskiyou County recently became aware of the above-captioned case, and has reviewed a copy of the complaint, which alleges CEQA violations, and a Joint Stipulation pursuant to which the California Department of Fish and Game has agreed to issue new regulations governing suction dredge mining, including significant closures of areas within Siskiyou County.
7. At no time prior to execution of that Joint Stipulation did anyone from the Department or the Attorney Generals office advise the County that any determination had been reached concerning the need for additional environmental review under CEQA to assess impacts of suction dredge mining, nor was the County advised of the changes in suction dredge mining regulations reflected in the Joint Stipulation.
7. The County believes that the Department was required to notify it and afford it and other interested parties an opportunity to participate in decisionmaking under CEQA, and any decisionmaking concerning revisions to regulations concerning suction dredge mining.
8. Suction dredge mining is a significant resource activity within the County and contributes to County economic development. It appears that the regulations the Department proposes will significantly and adversely affect that activity, as well as the valuable property rights of those individuals holding mining claims within the County.
9. The County is also concerned about the precedent established by these regulations, which appear to restrict an important activity in the absence of any evidence of any significant and adverse effect upon fish and wildlife, though in the absence of a public process it is not possible for the County to know what evidence the Department may possess.
10. The County urges this Court not to enter the requested injunction, and instead require the Department to follow normal procedures in promulgating any revisions to the suction dredge mining regulations.
I certify under penalty of perjury under the laws of
Dated: January ____, 2006
Marcia Armstrong