Coldstream Canyon lawsuit averted; disputed project application pulled |

Coldstream Canyon lawsuit averted; disputed project application pulled

Just as it appeared the lawsuit over a proposed commercial water facility in Coldstream Canyon was headed to trial, the owner of the operation has withdrawn his application for the required use permits, thus voiding the suit.

The attorney for Walter Harvey, in a letter to the Placer County Planning Department, said his client is withdrawing his application for a conditional use permit for the Coldstream Water Facility.

Harvey, of Sacramento, owns 26 acres in the middle of Coldstream Canyon and wants to bottle spring water on his property for commercial sale.

In April, Mountain Area Preservation Foundation filed the suit against Placer County and the board of supervisors after they issued a conditional use permit for the bottling facility.

The suit alleges that under the terms of the California Environmental Quality Act, an environmental impact report should have been required and that the project violates federal law under the Truckee River Operating Agreement.

Most of the impacts from the operation, according to the lawsuit, would result from trucks driving on Coldstream Road.

The conditional use permit issued by Placer County allowed up to 12 trucks a day going in and out of the canyon on Coldstream Road.

Just last month, it appeared the suit was headed for trial after the parties were unable to reach a compromise agreement during settlement conferences.

Not only did the suit appear to be moving forward, but California Parks and Recreation Department was considering joining MAPF and suing Harvey over the truck traffic the operation would generate.

Donner Memorial State Park sits at the mouth of the canyon, with Coldstream Road next to its western boundary.

Harvey’s attorney did, however, indicated that he will reapply for a “new use permit for a revised project in the near future.”

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