Pubdate: Wed, 08 May 2013
Source: Chico Enterprise-Record (CA)
Copyright: 2013 Chico Enterprise-Record
Contact:  http://www.chicoer.com/
Details: http://www.mapinc.org/media/861
Note: Letters from newspaper's circulation area receive publishing priority
Author: Roger H. Aylworth

SURGE IN FOOTHILL POT GARDEN GRADING HAS BUTTE COUNTY SEEKING ENFORCEMENT HELP

OROVILLE -- With some stipulations, it is legal to cultivate 
marijuana in the unincorporated parts of Butte County, but there are 
rules growers have to follow that have nothing to do with cannabis.

Tuesday, County Public Works Director Mike Crump told the Board of 
Supervisors that since it adopted a medical marijuana cultivation 
ordinance, his department has had a substantial upswing in illegal 
grading, particularly in the foothills around Concow, Feather Falls 
and Magalia.

Tom Fossum, also with public works, showed the board a series of 
aerial photographs showing swaths of foothill property that had been 
stripped bare by earth movers.

In Butte County, grading a parcel larger than one acre or where more 
than 1,000 cubic yards of earth is moved requires a grading permit.

Terraces for gardens had been cut into some of the steeper sites, 
according to Fossum. He also reported that at some sites, thousands 
of cubic yards of earth have been moved around.

None of these sites have residences on them. Fossum said they have 
motor homes, travel trailers and campsites; even some large 
greenhouses have been constructed, but no residences.

Fossum said no permits have been obtained for any of the 
construction, grading, road cuts or other activities.

"Have you been able to shut those down?" asked Chico Supervisor Larry Wahl.

"We are in the process of doing that right now," said Fossum.

Crump explained he was coming to the board to get some enforcement 
help in dealing with the illegal grading.

He asked the board to send a letter to the Central Valley Regional 
Water Quality Control Board asking them to enforce a range of water 
pollution statutes that are also being violated by the garden graders.

Oroville Supervisor Bill Connelly, who chairs the board, asked Fossum 
if people "were terracing for orchards or a vineyard, wouldn't they 
have to have a grading permit?"

Fossum said yes.

Connelly said he wanted to make it clear the county wasn't just 
"picking" on the marijuana growers.

Crump explained his department has informed the water panel about the 
activities they have discovered but so far the agency has not 
responded. Wahl asked why the county was being ignored and Crump 
reported he had no explanation.

The supervisors voted unanimously to send the letter to the water board.

Wahl said he wanted the letter to include a request for someone in 
authority to appear before the supervisors to explain the agency's 
lack of action on Butte County's concerns.
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MAP posted-by: Jay Bergstrom