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Browsing the archives for the Keith Darrah case category.

Siskiyou Superior Court will hold hearing on Keith Darrah case 8-21-2015

Keith Darrah case, Mining, Siskiyou County

The Keith Darrah Hearing on Friday 21st starts at 8:30 AM in Karen Dixon’s Courtroom in Yreka.

The hearing is the final hearing in Superior Court on the Writ of Mandamus.

The question is whether the Board of Supervisors’ hearing, in which the county spent $312,000 on attorneys to prosecute Keith Darrah and his gravel pit was flawed.

Did the BOS deny him a fair and impartial hearing when they denied him the right to subpoena witnesses?

There are three possible outcomes:

1. The court could remand the case back to BOS further proceedings with the right to subpoena.

2. The court could say the BOS was wrong and reverse their decision. or

3. The court could say the county BOS did nothing wrong.

The attorneys for Keith Darrah would like the court room packed with concerned citizens. 

This has been a long drawn-out case, which started about 10 years ago.

For background on the hearing held 3 years ago, type “DARRAH” in the SEARCH box on the top left side of this website.

— Editor Liz Bowen

 

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Opinion by George Webb on the Siskiyou Co. vs Keith Darrah surface gravel mine case

Keith Darrah case

ANOTHER MINER BITES THE (FUGITIVE-RENEGADE DUST)

Yes, our benevolent Board of Supervisors pulled another rabbit out of their collective hats as they introduced yet another expert in mining law to interpret why “intermingling” of materials applies to MSHA and SMRA (Federal and State Mining laws).

This “Expert” also admitted that such regulations may very well be too stringent for small miners to adhere to … but … also said that the enforcement of such regulations should remain in the hands of our County, not the State.

So, after our wonderful County Regulator’s shut down this one miner without blinking an eye, and introduced their various evidences of “Fugitive Dust”, “yardages of excavation from 2 dimensional aerial photos”, and their conflicting reports of “illegal processing”, “improper equipment storage”, and “co-mingling of materials from a construction site with materials from the mine site”, they agreed to deny Mr. Darrah his appeal based on their interpretation of the law…which, in my opinion, now makes ANY co-mingling of materials from a mine with any other materials not produced from a mine…..A MINE!!!

In other words, if our County Road Department mines gravel for our public roads and co-mingles it with cement, or oil, or something else, then it could be construed to mean that the other facilities producing, and/or supplying the materials to be co-mingled could be part of the County’s mining operation!!

This ridiculous circus-like  atmosphere also produced other confusing and maddening query’s throughout, while completely ignoring the fact that we who reside here would like to earn a living,

NOT BE SHUT DOWN AT EVERY TURN OF THE GOVERNMENT’S WHIMS!

BUT, our County Politicians-in bed with our State Politicians-in bed with left wing radicals, have once again succeeded in keeping the miners out of business while further extrapolating ridiculous interpretations to the already stringent laws that restrict and bind us beyond reason.

They’ve succeeded in killing the mining, and the logging as they go after our Ranchers and our Land.

Our County Officials would do better to represent us if they’d get a clue.

They should be defending us, NOT attacking us by acting as the enforcement arm of the State!

They should be filling county positions with knowledgeable LOCALS who will stand AGAINST Tyrannical advances of over zealous regulators, not join hands with them as their own people are hurt.

Our County Board of Supervisors Should have refused to enforce such idiotic regulations, and nipped this in the bud.

Instead, they seem to covet the power of enforcement of such, OR quake in fear of such…

It is the opinion of this once prosperous citizen that the County Board of Supervisors SHOULD  TURN THE ENFORCEMENT RESPONSIBILITIES BACK TO THE STATE ANY TIME THEIR CITIZEN’S LIVELIHOODS ARE AT STAKE.

THEN, AS STATE ENFORCEMENT AGENCIES APPLY THEIR GRUESOME TASKS, OUR LOCAL SHERIFF SHOULD BE INFORMED, AND COORDINATED WITH BY LAW SO THAT THOSE OUTSIDE AGENCIES ARE THEMSELVES MONITORED AND MEASURED BY OUR LOCAL AUTHORITIES BEFORE ANY ACTION IS TAKEN.

It seems to me that this very theme is being trumpeted by our local sheriff and surrounding sheriffs in other counties as well…

They have a clue, and have done a good job, so far, of articulating their positive stance toward their citizens, and the Constitution.

Our County Board of Supervisors have NOT!

My hat is off to Mr. Keith Darrah as he continues to fight for his right to earn a living.

My hat is off to those citizens who consistently showed up to support Mr. Darrah and endured the ridiculous scene played out.

My hat is off to the various organizations who’ve been engaged all along in the fight to preserve our Constitution, and our way of life.

My hat is off to those representatives of Rep. Doug LaMalfa who drove many miles, and devoted much time to this, as they educated those of us along the way.

My hat is off to our elected sheriff who has offered much needed support and hope to those of us who have been desperate for good leadership and protection from unruly rulers.

We citizens of this county can continue to make a difference at the ballot box when it comes to electing true representatives, but we must pay much close attention as our local elections come and go, and be sure of each candidate’s record before we cast our valuable vote.

This message comes from the very heart of the STATE of JEFFERSON as I’ve come to know and appreciate its meaning, and can be passed on as any receiver sees fit.

Sincerely,

George Webb

PNP comment: We agree! — Editor Liz Bowen

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Siskiyou County Supervisors voted against Keith Darrah’s appeal

Keith Darrah case, Mining, Property rights, Siskiyou County, State gov

State attorney finally provides the alleged violation!

Yes, it was another long afternoon listening to both sides on the Keith Darrah case, including a new attorney from the state mining SMARA agency. This case should never have taken place. Darrah never should have been out of business for 3 years. His 20-plus employees should still be working and the county should be receiving tax revenue from his business.

Surprisingly, it was this new state attorney who narrowed Darrah’s alleged violation to this: In doing his construction work of paving his parking lot, the state attorney said Darrah “co-mingled” material from the “construction” parcel with material from the “surface gravel mine,” which is on the adjoining parcel.

  The county Planning Dept. claims that 95 percent of the material from the construction project (paving the parking lot) was co-mingled with 5 percent of material from surface gravel mine. Apparently, “co-mingling” is a no-no.

Keep in mind that it is legal to sell material from a construction site, according to Terry Barber’s testimony during the hearing. I heard her say it.

It is also legal to sell material from a surface gravel mine, which is under a permit.  Darrah’s surface gravel mine was under a legitimate Permit!

Yep, all the allegations by the county during 8 days of hearings were really confusing to me; and yesterday the state attorney finally provides the one real alleged violation?

For those who have not sat through these hearings, it is difficult to fathom the depths of this cover-up.

Yes, it is this simple: Darrah was persecuted and stopped from doing business by our county supervisors, who should be aiding and encouraging business, because of a vendetta — competition, if you will.

If not, why did the board of supervisors spend $300,000 in private attorney’s fees (I don’t even know how much the state SMARA attorney is going to cost) to persecute Darrah, who was improving his property and is properly zoned? And was permitted?

THIS is a huge travesty.

It started with Planning Director Terry Barber back in 2007.  The Siskiyou County Planning Commissioners went along with it.  They should have stopped the travesty.  But, several Board of Supervisors were in cahoots and did not stop the persecution.

Siskiyou County is in a world of hurt – economically and financially. We are only 43,000 in population! A very rural area, which needs legitimate businesses to be in business.

I wish that the county would act in a way that aids and encourages business. This is so discouraging for present and potential businesses. (Unless you happen to serve on the Planning Commission and have a surface gravel mine like Blair Hart.)

Competition can be a wicked thing!

Darrah has followed regulations of CEQA, California Environmental Quality Act, through several decades of logging business as well as the surface gravel mine business. He understands the rules and has met them throughout his years of business.

REAL REASON:

I contend and allege that this was a “Good ol’ Boy” vendetta by a competitive trucking company owned by then, Siskiyou County Supervisor LaVada Erickson, who was instrumental in getting Terry Barber appointed as Dept. Head of Planning.

I also contend and allege that the Siskiyou County Board of Supervisors knew Barber did NOT have the experience required for Planning and knowledge needed for CEQA and SMARA — only a hard-nosed attitude to do the Good ol’ Boy bidding!

I also contend and allege that the main reason SMARA threatened to take over all of Siskiyou County’s surface gravel mining Permits is because Barber did not know how to do her job and was also trying to do her “other” job as Dept. head of Public Health.  (The supervisors claimed they were saving tax dollars by combining the two departments! Boy, has that came back to bite them!)

Terry Barber admitted during the hearings this year that she was a year behind in the paperwork of keeping up-to-date with the county residents’ surface gravel mine Permits. The county is the lead agency for permitting surface gravel mines.

She also admitted she was behind on 50 percent of these Permits.

She also admitted only attending half-a-day of a two-day workshop on CEQA.

Yep, she was in over her head. The Board of Supervisors should have NEVER appointed her to run two departments, especially when she was NOT qualified to be the Dept. Head of Planning.

So, it was NOT Darrah’s fault that SMARA threatened the county to take over all the permitting.  But, several board of supervisors and Planning Commissioners have put on the SPIN that it was the Darrah case – alone. I disagree.

During the hearings, it was shown that an official with SMARA became part of the conspiracy to get Darrah. I heard the testimony.

Emails were sent to this state official’s private email address by a Greenie neighbor, Dave Webb, who reported on possible infractions and took photos. It was also revealed during the previous hearings that Webb operates a fabrication business out of his garage, which is not in the correct business “zone” nor does he have a permit to be in business. Smacks of hypocrisy!

Previously, there had been 8 days of accusations with rebuttal levied against Darrah. Siskiyou Co. Board Chairman Jim Cook said they had to allow Darrah to “finish exhausting administrative appeals” process — acting like he was being kind.

Hum, so why wasn’t Darrah allowed to subpoena all the witnesses he needed?

Nearly half of the witnesses that Darrah’s attorney wanted to call, were not allowed. Some of these were county employees.

This smacks of a dirty deal.

Finally, at the end of the hearing on Dec. 29, 2011, all four Board of Supervisors in attendance voted against Keith Darrah. They were: Chairman Jim Cook, Ed Valenzuela, Grace Bennett and Michael Kopseff.

District 5 Supervisor, Marcia Armstrong, was not in attendance. But in previous appeal decisions, she voted against Keith Darrah.

So, the supervisors voted to protect the dirty little vendetta that started this ridiculous persecution.

Feels like something out of Communist Russia.

And these folks claim to stand on the U.S. Constitution and protect individual rights!

— Editor Liz Bowen

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Darrah final hearing is Thursday, DEC. 29th at 12:45 p.m. in Yreka

Keith Darrah case, Mining, Property rights, Siskiyou County

The Darrah Debacle continues … I plan on being there and hope all of you will do the same.  This is a shameful waste of our money.  The Supervisors need to know that their constituents are watching.   Our local government is the first step in accountability of our representatives.  Please pass this on to all on your email list. — Louise Gliatto 

THIS MEETING WILL TAKE PLACE AT THE

BOARD OF SUPERVISORS CHAMBERS

COURTHOUSE, SECOND FLOOR

311 FOURTH STREET

YREKA, CALIFORNIA

 

*** PLEASE NOTE START TIME AND LOCATION ***

 Dec. 29, 2011

at

12:45 p.m.

Public can and should give comment

at 12:45 p.m.

 

This is the ONLY time the public will be allowed to speak — at 12:45 p.m.

Let the Board of Supervisors know they should not have wasted $300,000  on private attorneys

to persecute a legitimate businessman providing JOBS and paying taxes in Siskiyou County !!!!!


 

1.            12:45 P.M. – FLAG SALUTE

2.            12:45 P.M. – TIME SLOT ALLOCATED FOR PRESENTATIONS FROM THE PUBLIC

3.            12:45 P.M. – CLOSED SESSION – It is the intent of the Board to meet in closed session to discuss the following items:

A.            Conference with labor negotiators pursuant to Government Code §54957.6, agency designated representative: Brian McDermott, name of employee organization: Operating Engineers Local Union No. 3.

B.            Conference with legal counsel, anticipated litigation pursuant to Government Code §54956.9, significant exposure to litigation pursuant to Government Code §54956.9(b)(1), one case.

4.            2:00 P.M. – REPORT ON CLOSED SESSION

5.            2:00 P.M. – BOARD OF SUPERVISORS

A.            BOARD OF SUPERVISORS

1.         Deliberation and ruling on an appeal on the decision of the Siskiyou County Planning Commission re the Truck Village Quarry Mine Order to Comply/Mine Owner/Operator Keith G. Darrah to comply with SMARA. (Continued from October 6, 2011).

2.         Consider argument and recommendation of parties and staff re adoption of findings.

3.         Discussion, direction and possible action re Resolution adopting Findings and Orders after hearing on appeal.

THE FOLLOWING MAY BE HEARD AT ANY TIME DURING THE MEETING

6.            COUNTY SERVICE AREA 4

A.            PRESENTATIONS FROM THE PUBLIC

B.            CONSENT AGENDA – COUNTY FIRE WARDEN/MT. SHASTA FIRE ZONE

Approve request to apply for and accept Volunteer Fire Assistance grant funding, in the amount of $2,269, on behalf of the Mt. Shasta Fire Zone/County Service Area #4.

C.           ADJOURNMENT

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Open letter to Siskiyou citizens regarding the fraudent actions against businessman Keith Darrah

Keith Darrah case, Op-ed, Politicians & agencies, Siskiyou County

Oct. 5, 2011

 Open letter to Siskiyou County citizens:

It sure seems to me like the majority of the Siskiyou County Board of Supervisor’s has already condemned Mr. Darrah. One of you is serious, one seems indifferent, another thinks this is a joke, one is perplexed and the other so bored he plays with a rubber band.

You have allotted yourselves $233,000 for this fiasco that would pay for 4 ½ persons who could still be working for the sheriff’s department for a whole year.  The county Planning Director draws a salary of $132,199 with no experience in Planning only having attended one day, of a very important two-day training seminar on CEQA — and no excuses should have been allowed.

Mr. Darrah has been accused by a woman who is very green, also owns a quarry and was county supervisor of District 2. I am sure she feels that Mr. Darrah is violating a green principle that was formed for Mt. Shasta before 2009, when it was proposed as a city ordinance. That principle is: No water from Mt. Shasta is to go outside of Mt. Shasta. It is also possible they want Black Butte, which is connected to the mountain of Mt. Shasta, and all of that land to be committed to a “Heritage Site.”  Mr. Darrah is legally digging into Black Butte and as they said and implied in their ordinance, “flora, fauna, streams, rivers and wetlands are persons with rights.” Since all of this is about nature, and Mountains are also part of nature, then Mr. Darrah is digging into a “person.”

However, it has been geologically proven that more rocks and gravel were dug from the Quarry across the road than has been stated. This quarry is or was owned by a woman who is bothered by the dust of Mr. Darrah’s business. She did not have a license for her business, yet did not have any violations brought against her by Planning Director Terry Barber.

Why isn’t the Planning Commission going after her, when she has not followed the regulations and what is wrong with the state mining official who says he works with people so they will be able to comply with the law?

These Green people will do anything to have their way in America and our government is complying with their every wish and desire.

Many of us feel that Mr. Darrah is being persecuted and is innocent of all violations that have been brought upon him. The Planning Director and the Board of Supervisors are acting like a Kangaroo court.

Nita Still

Montague, CA

 

Stand for business in Siskiyou County

attend

the Judicial Procedure against

Keith Darrah

Thursday and Friday, Oct. 6 & 7

9 a.m. to 5 p.m.

at the county’s Behavioral Health building (behind Black Bear Diner)

in

Yreka, CA.

Voice your support of Keith Darrah

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Keith Darrah hearing set for Sept. 7-9

Keith Darrah case, Mining, Op-ed, Property rights, Siskiyou County

The Siskiyou County Board of Supervisors will continue its Judicial Procedure (Kangaroo Court) against Mt. Shasta businessman Keith Darrah on Wednesday, Sept. 7.

It will be held at the county’s Behavioral Health building (appropriate) behind the Black Bear diner at the south end of Yreka.  Just off I-5.

Starting time is 9 a.m.

Scott Valley Protect Our Water supports Keith Darrah in his appeal of the Siskiyou County Commissioner’s decision and the Board of Supervisors decision, which stopped Darrah from doing business during the last 3 years, based on the “good ol’ boy” system  — of which Darrah was NOT one of the “good ol’ boys.”

Scott Valley POW stands on property rights. Local and state governments are intruding UN-Constitutionally into individual and property rights.

The first three days of this Judicial Procedure occurred in July. By the testimony of witness for and against Darrah, PNP learned that everything Darrah was doing to pave his parking lot is allowed — without additional Permits. He was doing “construction” NOT mining.

Greenie neighbors have tried for years to shut down Darrah. It looks like the county teamed up with the Greenies on this one!  — Editor Liz Bowen

 

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