The following is a history of the Pinoleville Rancheria for those who want some background on the Mayfield asphalt plant controversy.
The federal government decided to buy approximately 90 acres off Orr Springs Rd. north of Ukiah and designate it for homeless Indians. Families living next door on privately owned Indian land called Pinoleville moved to the new land, established homes, and developed orchards, grape vineyards, etc. An Indian school was set up because Ukiah refused to allow Indian children in the public schools.
In the late 30s or early 40s, an agreement was reached between the Bureau of Indian Affairs and the school district and Indian children were bused to Ukiah schools. Soon after, the land was named the Pinoleville Rancheria, which is what it is known as today.
The BIA, in an attempt to rid itself of responsibility for the American Indian, terminated its relationship with Indians across the U.S., including Pinoleville, by giving ownership of Indian lands to the residents. Many of the families were against this action, but it happened anyway. Millview Water District water was brought in, roads were paved and septic tanks and plumbing installed in each residence. When the BIA released federal control of the land, the people were no longer "American Indians" and were ineligible for federal services. The people had no experience owning land, and many acres were lost for various reasons, including nonpayment of taxes.
In the early 1980's the county's new General Plan changed the zoning of the Rancheria property from residential/ agricultural to industrial. The politically impotent Indian people weren't aware of this change and life went on.
In 1983, the federal court case HARDWICKE vs. U.S. determined that the Interior Department had illegally released Pinoleville Rancheria lands from federal control, and restored it to federal status. The land was designated "Indian Country" and its original boundaries restored. The people (Indians) once again became federally recognized American Indians and were eligible for federal services.
With the restoration of land to federal status, the BIA required a tribal council be established before the Indians could receive services. In 1985 the Pinoleville Indian Community and its Governing Council were established by vote. In 1986, after strife had occurred in two council elections, the BIA stepped in and set up a tribal council which is still in place today.
Ross Mayfield, Jr. leased a section of land on the Rancheria and applied for a permit to construct and operate an asphalt batch plant. This plant was opposed by the tribal members and surrounding community members. In spite of opposition, on June1987 the County Board of Supervisors voted to grant the Mayfield permit. The tribal council immediately filed a lawsuit against the county and against Mayfield, and passed an ordinance prohibiting new business development on the Rancheria.
Unknown to tribal members, and against the wishes of many of them, the Pinoleville tribal council halted its lawsuit and started negotiations with the county and with Mayfield. In exchange for getting jurisdiction over the Rancheria, the tribal council agreed to accept the the County General Plan zoning for the Rancheria. A hardship exemption was given to Mayfield to construct and operate the asphalt plant. Also, a financial agreement was reached with Mayfield, whose terms the council refuses to discuss with tribal members.
Shamrock began construction of the plant, but was stopped by the Air Pollution Control District for constructing without an air pollution permit. A fine was levied, but dismissed. When this proposed air pollution permit was announced in the papers, the tribal members united with people in the community to protest this permit. It was granted despite this protest because , according to the Public Health Officer, there would be a negative impact. The permit was appealed.
In February, 1990, the appeal was rejected by the Air Pollution Appeals Hearing Board, upholding the permit as granted. It is ironic that both the Air Pollution Control Board and the Hearing Board both stated that this plant was not being reviewed on health issues or production of pollutants, but only on whether it fell within air pollution requirement limits.
Shamrock Materials, Inc. now has its plant built and in operation. Apparently there are no restrictions applied to its permit. The plant operates 6 days a week from 5:30am to 8pm. The dust from the trucking is turning the area into a dust bowl.
It is utterly amazing that the people of Ukiah valley are so unconcerned with the quality of the air they breathe. But then, perhaps it's because this is a matter of Indian air, not valley air.
Copyright Mendocino Environmental Center 2004
Permission granted to excerpt or use this article if source is cited