April 16, 2010
Gino and Lori Gallentine thought they'd be the only people present at a public hearing in Placerville yesterday to determine whether their closest neighbor would have "vested" rights for surface mining. Even though the proposed Big Cut Mine is a mere mile and half from downtown Placerville, official hearing notices only went out to people within 500 feet of the Big Cut property.
But to the Gallentines' surprise, 30 people showed up at 9:00 AM, ready to testify at the meeting which had been rescheduled for 1:30 PM. Several upset citizens left, unable to return to the afternoon session.
But at 1:30, More than 100 El Dorado Countians packed the Board of Supervisors office, and waited through two hours of legal testimony from the Big Cut lawyers to make their own statements to the State Mining and Geology Board.
They were worried about noise, about asbestos pollution, air pollution, hillside erosion, and more. But in the end, not one of those concerns officially mattered. As Board member Brian Baca told the crowd, "This hearing is not about impacts to the environment."
Instead, the hearing dealt with the narrow legal question as to whether the Big Cut Mine was "vested." To be vested, (grandfathered in) they would need to show they had authorization to mine, had continuously operated a mine, and had substantial expenditures.
Owner Joe Hardesty wants to surface mine for gold at the site, which was granted a patent in the 1850's. A man named Triplett bought the site in 1921, and the mine was closed by order of the government during World War II . Triplett sold the property to a man named Donovan in 1988; Donovan did commence mining in the 1990's, but did so illegally.
Then Donovan entered into a real estate deal with a company called Legacy Land. There were reclamation issues standing in the way of his sale, so he went to the county and filled out a form that officially closed the mine.
Big Cut attorney Kerry Shapiro argued that Donovan was illiterate and did not know what he was signing. Shapiro stated that Donovan had so testified in a later deposition; Donovan has since died.
After a long afternoon, the SMGB Board deliberated for only 25 minutes. Board Member Ben Licari summed up the matter in one sentence: "I think this is an honest application, but I think the previous owners abandoned the right."
The Board then unanimously voted that Big Cut Mine does not have vested rights, and the crowd erupted into applause. This decision means the site is subject to El Dorado County ordinances which disallow mining wihtin 10,000 feet of any residence. 3560 parcels are within two miles of the site.
Big Cut operator Rick Churches vows to fight on. "We spent $400,000 on a five inch thick book of evidence, and this board heard only an hour and a half argument. These board members are not lawyers. We will take this to a judge."
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