April 13, 2010
Thursday, April 15, the State Mining and Geology Board will hold a little noticed public hearing about determination of vested rights for the Big Cut Mine. Operator Rick Churches proposes to have the mine, located at 2261 Donovan Ranch Road, turned into a rock quarry; the hearing will determine whether the property should be regulated under current environmental rules, or should be vested back to regulations in place January 1, 1976.
SMGB has been sending notices on this hearing to adjacent landowners for months; however, according to neighbor Gino Gallantine, because of the lot lines, really only two landowners have been notified. However, Gallantine says Downtown Placerville and thousands of homes are within a mile and a half of the proposed mine, and that Marshall Hospital and surrounding hospital and medical buildings, homes off Cedar Ravine including Texas Hill Estates and Country Club Estates, Lyons Park, and Sierra School will all be adversely affected and are affected by the outcome of Thursday's hearing.
"We've just learned that although the public can make comment Thursday, this hearing is really to hear the legal arguments surrounding the mine's vesting. That was not made clear in SMGB's letters to us, and we have made no legal arguments. We will be asking for a 90 day postponement of this determination to allow the community to have meaningful input on what could impact our lives forever."
SMGB wrote in an email to me that "A vested right means that no mining permit had to be obtained from the County, and that no California Environmental Quality Act (CEQA) document for the mining operation itself was necessary." and "If the Board determines that the operators do not have vested rights, mining on the site may be limited, if not prohibited because of a local ordinance that bans mining within 10,000 feet of a residence."
The hearing, which was scheduled for 9AM Thursday, is now listed on SMGB's website at 1:30 PM. It will be held at the Board of Supervisor's Hearing Room, County Government Center, Building A, 330 Fair Lane, in Placerville, CA 95667.
http://www.conservation.ca.gov/smgb/Pages/APRIL2010.aspx
1 comments:
Even with the screening of mining permits in the county, outlaw miners are still defying authorities. A total of 100,000 dollars in fines have already been paid.
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