Pauline Harte

May 15,2001

"Why do you care so much about fighting the TMC project?" I have lost count of how many people has asked me that question. This "magnificent obsession" of mine just boils down to a simple matter of good vs. evil. That’s it, nothing more.

At the first meeting I attended in April of 1000, I couldn’t help but notice that the residents confronting Southdown reps looked like helpless lams facing a pack of slavering wolves. I couldn’t shake that feeling as the meeting progressed.

It was at that first meeting that Don Newquist informed us that the TMC project was a done deal, and that our feelings about this project didn’t matter, because there was too much money to be made. We were an acceptable loss, and we didn’t count. Money and mineral rights were more important than people. Don Newquist informed us that we were "selfish homeowners" for objecting to his company’s unmitigated, mega-mining proposal that was sure to cause the ruination of our communities. Questions were asked of Southdown reps and they couldn’t answer. They were not familiar with our unique wind conditions that will carry clouds of rock dust contaminants from one end of this valley to the other, and we were told that our concerns were the concerns of hysterical homeowners.

I was filled with rage when I was told that our community and our health were not even worth consideration when measured against the money that would be made from this project that would cause the ruination of our community. Two years later, nothing has changed as we have fought our way through the Los Angeles County Regional Planning Commission to the Lost Angeles County Board of Supervisors. Southdown’s attitude remains as arrogant and uncooperative as ever as Southdown reps continue to deliberately misrepresent their mega-mining project. Southdown’s less than forthright testimony has now become a matter of record, a matter of outrage and disgust to many.

As we continue fighting Southdown and a foreign company named Cemex and our own government, we are setting a precedent. The people of Santa Clarita Valley and Agua Dulce and Action are demanding that our government make good on its promise of existing of the people, by the people and for the people, by classifying people and communities as a more important "commodity" than surface rights.

In less than two months, we will be going before the Los Angeles County Board of Supervisors again. It is as these times that I become acutely aware of how proud I am to be a Santa Claritan. As our leaders and our city’s TMC staff and legal counsel testify on behalf of our communities, I know that we are fighting the good fight with everything we’ve got. Our city represents us magnificently.

Supervisor Michael D. Antonovich deserves so much support and appreciation from us for his outstanding arguments as he battled long and hard hour after hour during the last two meetings for the people he represents. Supervisor Antonovich did more than just his "homework" for this fight. He came to battle armed with an impressive, winning strategy and his strong performance transcended political lines. At the last hearing, Republicans and Democrats alike spoke of the superb representation we received from Antonovich. Sometimes, as we continue to battle, it’s nice to feel full of hope and pride, instead of always frustration and rage.

Three hundred and fifty TMC foes strong filled the room as we were finally granted another continuance. It is "the troops" rallying strong and united behind our righteous cause who are the real heroes of all this, people who take a day off of work to ride downtown on buses and whose presence provides the indomitable force behind the words of our leaders.

We fight for justice, and for progress, and for every American dream. The Federal Government should not have the right to destroy the people and communities it represents. That is not progress as we stand here at the dawning of a new millennium. More than 90 agencies and organizations, including school districts and our community college and the Southland Regional Association of Realtors from the Santa Clarita Valley and the San Fernando filed appeals publicly opposing the TMC mega-mining project in the belief that our government should work for the people.

We, the people, say not to TMC in the name of progress.

March 27,2001

In last Sunday’s Signal editorial, The Signal asked, "What will more money do in a city TMC battle?" Easy question to answer: more money will enable Santa Clarita, Agua Dulce and Acton to keep on battling.

So far, in this war, TMC foes have done a real good job keeping Southdown at bay and we have won every significant battle. Every continuance granted is a battle won. We received a unanimous no to the TMC project from the L.A. County Regional Planning Commission, and we will continue to fight to prevent Southdown/Cemex from getting approval for the largest sand and gravel contract ever issued by the BLM. It is unconscionable to approve a mining project of this size and scope this close to any community. Add Southdown’s shocking record of environmental violations and frauds, an approval of this project for this area should be considered a crime against humanity.

More money will buy us time as we continue fighting for the future health and well-being of so many children. It is the children and the elderly who will be most adversely affected by the unavoidable, hazardous airborne contaminants from such a huge mega-mining project, and people with respiratory ailments will be forced to move away.

Southdown’s history of "sloppy science and sloppy engineering" is detailed in a 70-page

Report from the state of Ohio Hazardous Waste Facility Board, case number 91-9F-0700. And from Bruce Cornett of the The Green Environmental Coalition: "Southdown became the first company in Ohio’s history to have a hazardous waste permit denied. The victory by The Green Environmental Coalition was so complete that The Green Environmental Coalition had Southdown’s deed bound in perpetuity with a legal prohibition against storing and handling hazardous waste – the only one like it in the country."

If Southdown doesn’t take hazardous waste seriously, how can we trust them to care about the fallout from rock dust, especially in light of the damning testimony from the vice mayor of Irwindale concerning Southdown’s "bad neighbor" history in that community. The Vice-Mayor of Irwindale testified under oath that Southdown does not mitigate and does not keep "promises" to mitigate.

In light of Southdown’s horrific record of environmental fines and serious reporting errors and sloppy, dishonest business practices, why should anyone believe that Southdown is going to suddenly become "good neighbors" just for us? We have no reason to believe that Southdown will even attempt to adequately mitigate their project, considering their deplorable record of negligence and noncompliance in this area everywhere else. Better to spend our money fighting to keep Southdown/Cemex out, because it will be much more costly to try to mitigate the cumulative, detrimental effects this mining project and the ensuing mining consortium will have on our communities once they get in. I repeat: Southdown is too big, too close, too dishonest, and too sloppy to be allowed anywhere near the communities of Santa Clarita, Agua Dulce, and Acton.

On January 24, 650 people rode downtown on buses to show the Los Angeles Board of Supervisors just how committed we are to protecting our communities from certain ruination. On April 24, we go before the board again, and your help is needed once more for another powerful show of force. Please call Gail Ortiz of the city of Santa Clarita at 259-2489 and reserve a seat on a bus. There will be no public speaking, but it is your presence that is needed to prove how determined we are in our commitment to prevent the largest BLM mega-mining project ever issued from causing the ruination of our communities. It is simply your presence that makes a lasting impression and once again your presence can make a difference this April 24.

A project of this size and scope cannot be successfully mitigated existing this close to communities and the BLM has no right to hold Southdown to a contract that will cause the ruination of this entire region.

We, the people, the stakeholders, the hardworking, tax-paying citizens of the United States, shouldn’t have to fight to force our own government to stand by its promise of being of the people, by the people and for the people.

January 2, 2001

I find it odd that Southdown has taken an ad out in this paper promoting their company, considering Southdown rep Don Newquist informed everyone at a meeting back in April of 1999 that this project "was a done deal." It seems like a lot of money is being spent on this "done deal," and Southdown’s attempt to "clear the air" has failed miserably. "Southdown says: "The Santa Clarita Valley and the San Fernando Valley and Los Angeles County are all experiencing tremendous growth. Sand and Gravel is needed to meet the existing and growing demand for more homes, new schools and improved roads. Without it, our communities will suffer."

Yes, we are all experiencing tremendous growth, and the approximately 60 aggregate mining sites in Southern California can supply all the needs of the San Fernando Valley and Los Angeles County just fine for many, many years to come. These are the existing sites the Transit Mixed rep did not want to admit knowledge of when questioned by the L.A. County Regional Planning Commissioners. Southdown’s "reluctance" to discuss the actual number of aggregate mining sites in Southern California was duly noted by the L.A. County Regional Planning Commission.

At a San Fernando Valley United Chambers’ of Commerce meeting, I was astonished to discover that Southdown rep Tom Powell was still continuing to misrepresent the number of aggregate producing mining sites in Southern California.

Curtis Sand and Gravel and the present aggregate mining in Victorville and the Antelope Valley can meet the needs of this immediate region just fine. There is no reason (except for the BLM’s greed) for the Santa Clarita Valley and the Santa Clara River to be destroyed to meet the needs of the San Fernando Valley and L.A. County and other Southern California regions. Those regions have more than enough aggregate mining sites to supply their own needs.

And I guess Southdown forgot about the school site in Canyon Country that cannot be used because of the Transit Mixed mining proposal. That school is desperately needed, so we don’t need Southdown telling us they want to meet our needs for schools when we can’t even get a school built because of Southdown!

Southdown says: "Soledad Canyon has a long history of mining and is an important resource area. In fact, mining has been going on in the area for more than 50 years. Active mining by other companies is underway today." As I have stated before, comparing the massive size and scope of Transit Mixed’s huge project to the "active mining by other present companies" is like comparing King Kong, Southdown, to a cute little organ grinder’s monkey, Curtis Sand and Gravel. Southdown rep Tom Powell misled the members of the United Chambers of Commerce of the San Fernando Valley when he assured them that there would be no discernible difference between the Transit Mixed project and the past and present mining in that area.

Tom "forgot" to mention that the Transit Mixed project will be the largest sand and gravel contract ever issued by BLM. Tom also "forgot" to mention that with the approval of the Transit Mixed project, Vulcan Industries would be sure to get approval for their project, which will mine on over a thousand acres behind Transit Mixed, With Transit Mixed’s approval, we will be facing a mining consortium, and the cumulative negative impacts from a mining consortium cannot in any way be compared to the small mining projects that exist now. Why does Southdown continue to dishonestly and negligently downplay the scope of their project?

Southdown says: "Projects of this size co-exist with local communities throughout Southern California. Sand and gravel are not toxic or hazardous materials." The contaminants released into the air FROM sand and gravel ARE toxic and hazardous! Southdown, your history of "sloppy science and sloppy engineering" is detailed in a 70 page report from the State of Ohio Hazardous Waste Facility Board. Case number 91-9F-0700 is a chilling indictment of Southdown’s business "flaws." And from Bruce Cornett of The Green Environment Coalition: "Southdown became the first company in Ohio’s history to have a hazardous waste permit denied for ‘sloppy science and sloppy engineering.’ The victory by the Green Environmental Coalition over Southdown was so complete that the Green Environmental Coalition had Southdown’s deed bound in perpetuity with a legal prohibition against storing and handling hazardous waste – the only one like it in the country." Kaiser Permanente Internist Dr. Jonathon Truong has testified many times about the serious health problems that occur because of the toxic and hazardous contaminants from rock dust.

Southdown, I see no reason to trust you to "clear the air." You are too big, too close, too sloppy and too dishonest to be allowed anywhere near our community.

September 5, 2000

If the point of Southdown Inc.’s dog-and-pony show at City Hall Aug. 29 was to attempt to gain a little credibility, then once again it failed miserably, utterly and completely. The outrageous arrogance exhibited by Southdown representatives – commented on by everyone after this meeting – was the reason I wrote my first column about its proposed project back in April 1998.

This most recent performance at City Hall proves that Southdown still has not changed it modus operandi one little bit, although I have seen much worse by these reps many other times. Southdown reps are still less than forthright about Southdown’s shortcomings and reputation.

The vice president of Southdown, Don Newquist, began by informing City Council and city staff that there is legislation being introduced in New Jersey’s State Legislature that would deny a city and county the option of opposing any proposed mining projects that could cause the ruination of these cities and counties.

In other words, we are right back to Southdown telling us that we, the taxpaying citizens of the United States of America, may be considered an acceptable loss by our own government.

It is our government’s intention to take away the power of the people to say no. Greed is the bottom line here. Santa Clarita must stand firm in opposition. We fight not only for ourselves, but for all the cities and counties in America.

Now, I must comment on some of Newquist’s statements about "published commentary in a Santa Clarita newspaper attempting to place Southdown (parent of Transit Mixed Concrete Co.) in the role of a villain for its past actions in Fairoborn, Ohio."

That "published commentary" was by me, and Southdown’s veep was referring to the 70-page document that is part of the conclusion of the State of Ohio Hazardous Waste Facility Board in regard to the opinion and final orders of the Matter of Southdown Inc., Fairborn, Ohio, Case No 91-9F-0700 issued March 23, 1994. It states: "Applicant did not demonstrate an ability or intent to adequately respond to and address board-member questions regarding applicant’s documents. What was demonstrated, however, was applicant’s sloppy engineering, sloppy science and a disposition that ‘errors and inconsistencies are not important and the board should not worry.’ Applicant’s continued response to the board’s fundamental questions was they they [Southdown] could not answer."

"Errors and inconsistencies are not important."

As far as I am concerned, that is a warning to us that Southdown should not be allowed to set up its mining operation this close to our community, or to any community, for that matter. And when speaker Allan Cameron challenged Southdown reps to deny case number 91-9F-0700 from the State of Ohio Hazardous Waste Facility Board, we heard nary a word from a single Southdown rep.

Now, a few words about Dr. Henry Gong Jr., professor of Medicine and Preventive Medicine at the University of Southern California.

Gong was there speaking on behalf of Southdown and participated in a video in which he attempted to ease minds concerning the obvious health risks of a mining consortium in our back yard. Gong informed Santa Claritans that, "Children with asthma, adults with asthma, adults with chronic heart and lung problems are probably not going to be impacted at all."

"Probably" not?

Gong said, "We don’t know everything about the health effects of air pollution, but we’re learning."

"We’re learning?"

In my humble opinion, Doc, this statement falls under the category of covering one’s, um, posterior regions. Gong said he thinks he can safely say there is minimal risk, and he thinks there are enough mitigation measures.

How can this guy assure of us anything if has already admitted that everything is unknown?

Doc, it is my opinion that you don’t have this down to a fine science. If you are "still learning," that puts us in the category of lab rats – Southdown lab rats.

Then up came Kaiser Permanent Internist Dr. Jonathon Truong, who has testified on behalf of our city many times. To make a long story short, Truong (with much professional courtesy) pointed out the many "discrepancies" in the "somewhat" flawed (biased) testimony of Southdown’s medical adviser.

I must exhort our elected representatives to remember that we are opposing more than just Transit Mixed.

We are opposing a proposed mining consortium. A "yes" to Transit Mixed is a yes to Vulcan Industries on more than 1,000 acres.

We, the people, are more than just surface rights and lab rats and we say NO to Southdown and we say NO to the certain environmental Armageddon that WILL befall our communities with the approval of a mining consortium in our back yard.

TOP

March 27,2001

A couple of weeks ago, I wrote about truth justice and the American Way of our local government here in Santa Clarita Valley. This week, I am sad to report on untruths, injustice and the most UN-American Way of the Bureau of Land Management in regards to their stubborn determination to cause the ruination of three communities of the Santa Clarita Valley, Agua Dulce and Acton. Yes, this is another Transit Mixed Concrete column, and I urge you, no, make that BEG you, to read it.

The BLM has held only one public meeting on this aggregate mining project. That meeting took place on June 2, 1999, and was not well attended because of inadequate public notice about the meeting. We, as a community that will be extremely adversely affected by the cumulative negative impacts of this mining project, must be allowed adequate opportunities to comment publicly on this project to the Bureau of Land Management. THAT is the American Way, and as tax-paying citizens of the United States of America, we should object strongly and loudly about the Gestapo-like tactics of the Bureau of Land Management.

This project will be the LARGEST mineral contract ever issued. Right here in our back yard, and damn it, we SHOULD be NIMBY’s. Not in my backyard, Transit Mixed Concrete, not even close!

I’ve said it before, and I will say it again: If Transit Mixed Concrete gets approval to mine on their 44 acres, Vulcan Industries (Cal Mat) is right behind Transit Mixed Concrete on their 1,000 ACRES! We will have a situation WORSE than Irwindale. The Santa Clarita Valley is too small and in too close proximity to these mining projects to survive the many negative impacts that WILL cause the ruination of this valley, Agua Dulce and Acton.

The biggest problem we face as we continue to battle the Transit Mixed Concrete Company are the misrepresentations, "half-truths" and misinformation put forth by the Transit Mixed Concrete representatives. How do we fight this? We can’t. When speaking on behalf of their company, the Transit Mixed Concrete reps have been "less than forthright" even when giving sworn testimony. They are lobbying heavily in Washington, and you can bet your last breath of uncontaminated air that the Washington folks, like everyone else, are simply not getting the whole truth and nothing but the truth by Transit Mixed Concrete representatives.

Some Santa Claritans have wrongly surmised that since mining went on unnoticed at this site for years by Ben Curtis and we have suffered no negative impacts from such mining, the newly proposed project should not be a problem. WRONG! I will say it again, comparing Curtis’ mining operation to the TMC project and Vulcan Industries (Cal Mat) is like comparing a cute little organ grinder’s monkey to King Kong. Yet, when TMC rep Tom Powell spoke before the United Chambers of Commerce of the San Fernando Valley, Tom unfairly (but characteristically) informed these chamber representatives that mining was already going on here, so surrounding communities wouldn't really notice MORE mining. Talk about "less than forthright!"

This is the same type of "testimony" that is put forth by TMC reps everywhere, and we Santa Claritans should be grabbing torches and tar and screaming bloody murder about ALL the "less than forthright" testimonies and under-handed lobbying shenanigans by arrogant TMC reps concerning the unmitigated negative impacts their project will have on our valley. TMC rep Brian Mastin says that TMC is a "good neighbor." I could probably laugh at Brian’s "less than forthright" statement if it didn’t fill me with so much rage. Brian "forgets" about the Fairborn, Ohio, case issued March 23, 1994, regarding the matter of Southdown (parent company of Transit Mixed Concrete Company) CONDEMNING this Company’s HISTORY of "sloppy science and sloppy engineering." Colorado with other states have had similar problems with "good neighbors" Southdown and Transit Mixed Concrete. These companies have a PROVEN track record of being very BAD neighbors, and why should they be considered "good enough" for us when other states have cited them for environmental frauds?

Unfortunately, this project continues to go on being misrepresented by TMC reps everywhere they lobby in its favor, and we, the citizens of the Santa Clarita Valley, are at the mercy of disreputable individuals who are completely and utterly without mercy.

Please. Call Intergovernmental Relations Officer Maria Roundtree at the city of Santa Clarita at (661) 255-4384 and see how you can help. We have been categorized as "an acceptable loss" and Truth, Justice, and the American Way is what this fight is all about.

June 27, 2000

It is said that all it takes to bring people of different beliefs together is a common enemy. Sad but true, it takes universal fear for us humans to "hang together" and fight as one for the good of all.

The Santa Clarita Valley always seems to be facing a "common enemy," and this time it is Transit Mixed Concrete. Last time it was the Elsmere Canyon Dump, and we really came together for that one in a big way. But concrete is a little more difficult to fight than trash. Just the word "trash" is pretty ugly sounding. It’s easy to hate trash, and just the thought of the biggest dump in the world sitting right in our back yard made it mighty easty to join the war to fight that dump. The dump was too big and too stinky, and it was going to destroy a pristine, ecological paradise known as Elsmere Canyon.

But everyone needs concrete, we don’t really hate concrete, and we can’t live without it. So, does this mean we should just allow Transit Mixed Concrete Company to set up camp right outside our border? NO!

And the battle continues because we can count on a mining CONSORTIUM if Transit Mixed Concrete gets their approval to mine 44 acres, with Cal Mat (Vulcan Industries_ mining 1,000 behind TMC. I have written many columns describing the cumulative negative impacts that this mining consortium will have on this valley and Agua Dulce and Acton if Transit Mixed Concrete gets an approval. But the bottom line is existing communities cannot be sacrificed in order to build new communities.

At the first Transit Mixed Concrete community meeting I attended, I listened as we were told that the Santa Clarita Valley was considered "an acceptable loss" because it was not "cost effective" to mine elsewhere. That is simply not true, but this is the line that Transit Mixed Concrete and Southdown reps are STILL pushing, even after the unanimous NO from the L.A. County Regional Planning Commission, who duly noted that there are many other available aggregate mining sites situated a much safer distance from existing communities that Transit Mixed Concrete could mine instead.

The L.A. County Regional Planning Commission also duly noted that the testimony from Transit Mixed Concrete and reps was less than forthright.

Well, some things never change, I guess. At a Governmental Affairs Committee meeting presented by the United Chambers of Commerce in the San Fernando Vally, I listened as rep Tom Powell, director of Operations of Southdown, Inc., recited the same spiel that was not accepted by the L.A. County Regional Planning Commission.

Tom began by telling everyone that he was a one-year resident of the Santa Clarita Valley. This is a rather unsavory ploy of the Transit Mixed/Southdown companies. In other words, send in the "homeboys" to make their monstrous proposal to destroy our community seem much more palatable. At Buck McKeon’s community meeting at the Sulphur Springs Elementary School, Charlie Rasmussen (C.A. Rasmussen Construction) stood up and announced his "affiliation" with Transit Mixed Concrete Company, then mentioned the Rasmussens’ lengthy history in the Santa Clarita Valley. Charlie Rasmussen then proceeded to tell everyone how wonderful Transit Mixed Concrete would be for this valley.

It hurts me to think that long-time residents of this valley, our friends and neighbors, would actually sell us down our own "chunk of dirt." We expect this from strangers, but not from long-time residents who have raised families in this valley.

Tom Powell went on to tell the United Chambers of Commerce that if Transit Mixed cannot mine aggregate in the Santa Clarita Valley, other sites will be played out in two years.

What a falsification! And this was, as I stated, a falsification that was duly noted by the L.A. County Regional Planning Commission. Why is this falsification STILL being promoted by Southdown when it has been proven that the sites in Palmdale are fully functional, one being brand new? There are also approximately 60 other sites in the Southern California area that will not be running out of rock any time soon. It is hight time that the aggregate mining industry be FORCED to update their business practices by keeping away from existing communities and shipping by rail. Of course they don’t want to do this, because they have grown accustomed to SO much profit, but the truth is they wouldn’t have to raise the price of their product all that much. Welcome to the 21^st century, boys.

We’re digging in, TMC, and we will not go down without one hell of a fight.