Judge Rejects Approval of Gravel Pit Project, Cites Water Concerns

A Superior Court judge has ordered county officials to reconsider the environmental effects of a proposed gravel-mining operation on the Oxnard Plain, ruling that the Board of Supervisors failed to thoroughly consider the possibility of contaminated drinking water and other problems.

In a 34-page ruling issued Thursday, Judge Barbara Lane admonished county officials for failing to conduct a study that fully explored possible health hazards.

By “changing the county’s long-standing water-protection policies” without proper research, the Board of Supervisors “abused its discretion” and violated state environmental law, Lane wrote.

Her ruling effectively overturns the county’s approval of the El Rio gravel pit project. It means that Los Angeles-based CalMat Co. cannot begin to mine gravel unless county officials reevaluate the environmental effects, in particular the possibility of diminished water quality.

Environmentalists and the city of Oxnard last year sued the county and CalMat, charging that the plan could allow numerous contaminants to seep into underground basins on the Oxnard Plain that supply water to hundreds of thousands of county residents and hundreds of businesses in Oxnard, Port Hueneme, Camarillo and Ventura.

John Buse, an attorney for the Environmental Coalition of Ventura County, said the group hopes that after being forced to consider the drinking water issue, county officials will reject the gravel mining operation.

“This gives us some breathing room to go back and provide evidence to suggest this really is a bad idea,” Buse said. “This gives us the opportunity to get the county to reexamine this.”

CalMat wants to excavate up to 6 million tons of rock from an El Rio gravel pit over 10 years. Proponents say the county is running out of its local supply of rock, which is ground into gravel and used as building material. The shortage threatens to drive up the cost of county building projects, proponents say. At a trial earlier this spring, they contended that as long as workers follow proper mining practices, the water supply will not be threatened.

To collect the gravel, CalMat would be allowed to dig 22 feet below the county’s historic high-ground water mark. Company officials propose to rebuild a layer of unsaturated soil that acts as a natural water filter by collecting chemical and biological pollutants.

But Lane ruled that it is unclear whether the planned reconstruction of the natural filter would be adequate to protect the ground water. In addition, she said, rather than fully studying the environmental effects of the gravel mining, proponents lobbied public officials by telephone, telling them that concern over the project had faded.

The gravel-mining project was unanimously approved in late 1996.

“I certainly wouldn’t have voted for it if I thought there was a risk,” Supervisor Kathy Long said. She said county supervisors would consult with their attorneys to decide their next step.

“I certainly respect Barbara Lane’s work,” Long said. “She’s a good environmental judge.”

If the project is killed, some of CalMat’s 75 local mining jobs would be lost, said Marc Charney, an attorney for the company. He had not read the ruling and declined further comment.

Buse, the environmental attorney, noted that the ruling “does not automatically kill the project” and said that environmentalists will have to push their case to get supervisors to change their minds.

And Oxnard officials said that they do not aim to kill the project.

“We need a good source of gravel,” Councilman Dean Maulhardt said. “We have both streets and buildings being built in Oxnard.”

Added City Atty. Gary Gillig: “It’s not an end to the project. This lawsuit is about minimizing risk. I still look forward to working with CalMat to see if we can resolve our differences.”

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Chi is a Times staff writer and Green is a correspondent.