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Berry Appeals Wicklow FEIR |
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Friday, 05 December 2008 |
 Amador County – Amador County resident Ken Berry has appealed the certification of the Wicklow Way Subdivision Final Environmental Impact Report, making the initial filing November 7th. He filed another document Tuesday at the Amador County Planning Department. Planner Heather Anderson said the county would prepare an answer to the appeal letters, before the December 16th hearing, 10:30 a.m. before the Amador County Board of Supervisors. Anderson said the staff report should be finished by December 12th. Berry filed the appeal on his own behalf and for the Concerned Citizens of Jackson, saying “we are affected by the proposed project both personally and by being residents and neighbors of the city of Jackson.” The appeal alleges that the Amador Planning Commission failed to “fully disclose significant facts concerning the effects and impacts of the project on the environment in the FEIR” and that the commission violated the California Environmental Quality Act. The letter refers to an October 17th letter by Berry that “notified the Planning Department of 2 significant defects in the FEIR,” including “internal inconsistency resulting from incorporation of the Amador County Transportation Commission’s Regional Transportation Plan and the failure to comply with water code” on water assessments. On Tuesday, Berry filed a supplement to the appeal, alleging Public Resources Code violations. The letter said that the Amador Water Agency exceeds it maximum rate of water delivery from Lake Tabeud and will not be able to meet peak water demands. It concludes that the “AWA has rights to sufficient water to supply the Wicklow Subdivision, but it lacks the right to transmit water at a rate sufficient to meet its planned commitments during the period of maximum demand.” It said recycled and stored water would help AWA meet the needs, “however, both solutions require the planning and approval of infrastructure that does not exist.” The letter alleged that “certification of the Wicklow Subdivision project EIR is unlawful and must be set aside.” Berry notes in the October 16th letter that his pending lawsuit against the AWA on its Amador Transmission Pipeline could affect the availability of water, should the agency lose the suit and be forced to mitigate pipeline impacts on Jackson and Jackson Creek. Story by Jim Reece.
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Last Updated ( Friday, 14 August 2009 )
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