The County of San Diego, Department of Environmental Health (DEH), Solid Waste Local Enforcement Agency (LEA) is the lead agency under the California Environmental Quality Act (CEQA) for the proposed Gregory Canyon Landfill.
The proposed 1,770 acre Gregory Canyon landfill site is currently owned by Gregory Canyon Ltd., the project applicant. The landfill site is located in northern San Diego County on State Route (SR 76), approximately three miles east of Interstate 15 (I-15) and two miles southwest of the community of Pala. The site is adjacent to the San Luis Rey River and lies along the western slope of Gregory Mountain. Maps that show the vicinity and the location are available.
What is the background of the project?
As the Director of the LEA, Gary Erbeck is the decision maker for the lead agency. On February 6, 2003, Mr. Erbeck certified that a final Environmental Impact Report (EIR) prepared for this project had been completed in compliance with the CEQA. That certification and certain related actions were challenged in a Superior Court action entitled Riverwatch et al. v. County of San Diego Department of Environmental Health et al., case number GIN038227. On January 20, 2006, the Honorable Michael Anello issued a Preemptory Writ of Mandate directing the County of San Diego to set aside the February 6, 2003 certification and certain related actions.
The Court further directed the County to correct three identified deficiencies in the 2003 Final EIR, related to traffic, water supply, and biological mitigation. In response, additional analysis of these issues was performed, additional mitigation was identified, and a Revised Partial Draft EIR was prepared and made available for public comment. LEA staff evaluated and responded to all comments received, and a Revised Final EIR was prepared. The Revised Final EIR consists of the 2003 Draft Environmental Report (DEIR); the March 2007 Revised Partial Environmental Impact Report (RPEIR); Comments and Recommendations on the July 2006 Revised Partial Draft Environmental Impact Report (RPDEIR) circulated for comment in July and August of 2006; and LEA responses to significant environmental points raised in those comments and recommendations.
On April 30, 2007 a Staff Report and the completed RPEIR, was submitted to Gary Erbeck, the Director of LEA, for his review. As required by CEQA the LEA responses to comments were mailed (April 30, 2007) to the Public Agencies who had provided comments on the 2006 RPDEIR.
On May 31, 2007, the Director made his Decision on the Revised Final EIR for the Gregory Canyon Landfill. The following are his actions:
- Found that the direction of the Court concerning traffic has been satisfied, because the 2003 Traffic Needs Assessment Study has been made available for public comment and has been considered in the analysis, and because additional updated traffic analysis has been completed and additional mitigation has been identified.
- Found that the direction of the Court concerning water supply has been satisfied, because specific sources of water have been identified and the impacts of using those sources of water have been identified and disclosed.
- Found that the direction of the Court concerning biological mitigation has been satisfied, because the Project will not merely preserve land set aside as open space by Proposition C, but within that open space will create new habitat or enhance existing habitat as CEQA mitigation; and because the Revised Final EIR specifies that if the Court determines that the creation of new habitat or the enhancement of existing habitat within Proposition C open space for CEQA mitigation is not consistent with Section 5R of Proposition C, the project will provide sufficient additional offsite mitigation to comply with CEQA.
- Certified that the Revised Final EIR, consisting of 2003 Draft EIR, the Revised Partial EIR, and comments and recommendation on the Revised Partial Draft EIR that was circulated for comment in 2006, and LEA responses to significant environmental points made in those comments and recommendations, has been completed in compliance with the CEQA and the CEQA Guidelines and reflects the independent judgment and analysis of the Director, Local Enforcement Agency.
- Adopted the finding that further re-circulation of the Revised Final EIR is not required and the statement regarding the custodian of the record of proceedings.
On June 18, 2007, the LEA rejected the May 23, 2007 solid waste application package for filing. The LEA determined the application package for a modified solid waste facility permit was not complete and correct.
On July 27, 2007, a solid waste application package for a modified permit was received by the LEA.
On August 27, 2007 the LEA determined the Gregory Canyon Landfill solid waste facility permit application package to be complete and correct.
On September 26, 2007, in accordance with the Public Resources Code 44008, the applicant waived the LEA statutory timeline. This waiver of timeline granted the LEA an additional 30 days in its determination of whether the permit is to be processed as modified or as a revision.
On October 15, 2007, the LEA determined that the permit application package would be processed as a permit modification. On October 25, 2007, the applicant provided a second waiver of timeline extending the deadline for submission of the proposed permit application package to the CIWMB to December 31, 2007.
On December 21, 2007 the applicant provided a third waiver of timeline extending the deadline for submission of the proposed permit application package to the CIWMB to January 18, 2008.
On January 17, 2008, the applicant provided a fourth waiver of timeline extending the deadline for submission of the proposed permit application package to the CIWMB to March 21, 2008.
On February 11, 2008, the San Diego Superior Court issued a decision in Riverwatch v. County of San Diego Department of Environmental Health. This decision upheld the additional environmental analysis included in the Revised Final Environmental Impact Report for the proposed Gregory Canyon Landfill related to traffic and biological mitigation. The environmental analysis for the water supply (related to the use of reclaimed water) was found to be incomplete. The decision will require additional environmental analysis for the use of reclaimed water.
On March 20, 2008, the applicant provided a fifth waiver of timeline extending the deadline for submission of the proposed permit application package to the CIWMB to April 30, 2008.
On April 28, 2008, the applicant provided a sixth waiver of timeline extending the deadline for submission of the proposed permit application package to the CIWMB to June 30, 2008.
What is the next step in the process?
The County and Gregory Canyon LLC will return to the court and ask that the writ be dissolved.
On June 9, 2008, the applicant provided an additional waiver of timeline extending the deadline for submission of the proposed permit application package to the CIWMB to August 15, 2008. The CIWMB Executive Director then has 60 days to concur or object. An updated Notice of Permit Modification reflecting the August 15, 2008 proposed modified permit submission to the CIWMB Executive Director can be viewed by using the link below.
| Notice Type | Description of Amendment | Date Accepted | Statutory Timeline Waived | Contacts |
| San Diego Gregory Canyon Landfill (37-AA-0032) |
| Permit Modification | Application for a Modified Solid Waste Facility Permit. The changes are updates to the land use mitigation measures identified in the Revised Final EIR | 8-27-07 | 09-26-07; 10-25-07; 12-21-07; 01-17-08; 03-20-08; 04-28-08; 06-09-08 | Rebecca Lafreniere
|
Where can I see the Revised Final Environmental Impact Report (RFEIR)?
The 2003 DEIR, without appendices, and the complete RFEIR can be reviewed and downloaded from the Internet. Together, they compose the Revised Final EIR. The RFEIR is also available for review at the Department of Environmental Health office located at 9325 Hazard Way, San Diego; 1255 Imperial Avenue 3rd floor, San Diego; and 151 Carmel Street, San Marcos. Copies of the RFEIR are available for review at the following public libraries: 239 S. Kalmia Street, Escondido; 124 S. Mission Road, Fallbrook; 29200 Cole Grade Road, Valley Center; and 820 E Street, San Diego.
Further information
Please contact us at by e-mail, phone at (858) 694-2888, FAX (858) 495-5004 or by mail at 9325 Hazard Way, San Diego, CA 92123. To enroll in our GovDelivery e-mail service, please click here.
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