Appeal of RPC Vote Decision Findings.pdf - Humboldt County

More documents

Recommendations

Info

1 2 J n 5 o 7 8 9 l0 ll t2 IJ l4 t5 r6 t7 l8 l9 20 2l 22 L3 24 25 26 2'7 28 STATEMENT OF FACTS 1) Jungo Land & Investments, Inc. ("Jungo") requested a five (5) year extension of the Conditional Use Permit (CUP), # UH-07-05, which was issued to Jungo Land & Investments, Inc. ("Jungo") by the Regional Planning Commission (RPC) on or about April 12, 2007. On February 11, 2010 the RPC granted Jungo a five (5) year extension of the CUP. 2) Jungo argued that good cause exists for granting the extension due in substantial part because of citizen opposition to the landfill, lawsuits, political pressure from elected officials, and a slow regulatory permitting process. Jungo argued (unfortunately successfully) that it has been "prevented from timely obtaining the permits it needs to satisfu the condition of the CUP and to commence operation of the Jungo Landfill." Prevented! (Page 4 of January 19th, 2010 letter of Frankovich, attached hereto and marked "Exhibit A"). 3) Appellants and other citizens requested that the RPC either deny the request of Jungo, or grant the extension on condition that Jungo perform an environmental report or "environmental impact statement" or the like. The RPC granted the extension without any conditions. The RPC also granted the extension as Jungo stonewalled inquiry by a member of the RPC about the water rights to be acquired by Jungo for the project. 4) Among other open and unanswered questions by the RPC, Jim French, a former employee with the State of Nevada, reminded the RPC that no agency of State or local govemment has yet to analyze the impact the landfrll would have on wildlife in the area of the landfill. 5) Ron Johnny, a member of the Summit Lake Paiute Indian Tribe, who is the Director of the Environmental Protection Department of the Summit Lake Paiute Tribe, argued that the landfrll would prevent and/or substantially interfere with Northern Paiute's ability to use the
1 2 3 4 5 6 7 8 9 10 ll 12 l3 14 l5 t6 17 l8 to 20 21 22 ZJ 1A 25 zo 27 28 land for the purpose of hunting, gathering, or conducting spiritual ceremonies at the site as guaranteed pursuant to treaty with the United States government and numerous federal laws and legal case decisions. (See, a letter dated February 10, 2010, from the Summit Lake Paiute Tribe, attached hereto and marked "Exhibit B"). 6) After hearing the aforesaid public comments, and review of the request for extension the aforesaid RPC voted on and approved the by a 5-2 vote. A copy of the action is attached hereto as exhibit "C". Members of the RPC seemed to conclude that lawsuits, per se, involving Jungo constituted "good cause". Further, members of the RPC also concluded that as part of the decision before the board the RPC was without power and/or ability (pursuant to an unidentified law or rule) to impose conditions and/or further requirements upon the extension of the CUP. 7) That the appellants are citizens and residents of Humboldt County, State of Nevada, and use and have used the land abutting the land subject to the CUP herein, and appeared at the aforesaid hearing and objected to the unconditioned extension request. The planned landfill on Jungo will adversely affect the air, water, and peace and contentment of the appellants as they use said abutting land, and are aggrieved and interested persons by the issuance of the CUP, and by the vote, decision and findings of the RPC on February 11th, 2010. The appellants are interested persons in the instant matter, and are proper parties to appeal the February 1lth, 2010 vote, decision, and finding of the RPC. POINTS AND AUTHORITIES 8) The policy of the State of Nevada is found in NRS 444.440 and it is as follows: It is hereby declared to be the policy of this State to regulate the collection and disposal of solid waste in a manner that will: 1. Protect public health and welfare. 2. Prevent water or air pollution. 3. Prevent the spread ofdisease and the creation ofnuisances.
Page 1: I 2 4 ) 6 8 9 10 1l t2 l3 14 15 l6
Page 5 and 6: I z 3 4 5 6 7 8 9 t0 !1 II t2 IJ 14
Page 7 and 8: 0l-81-2010 00:llu Fror{flfid,ll Pll
Page 9 and 10: 01.01-2010 0f ,4i{ Frm{l[0t!l RtltE
Page 11 and 12: SUMMIT LAKE PAIUTE TRlBE Primary Ad
Page 13: RESOLUTTON #l-0-14*_ REQUEST: An ex

Appeal of RPC Vote Decision Findings.pdf - Humboldt County

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?