NEVADA CITY, Calif. May 28, 2010 - The Nevada County Planning Commission heard, for the third time, arguments by Blue Lead Mine LLC to grant them vested rights on their 79-acre property in the Red Dog area. Once again, the public filled the chambers.
Exploration = Mining?
The attorney for Blue Lead, Braiden Chadwick, tried to portray exploration activities in the 1980's as active mining, but ran into some resistance from logically-minded Planning Commissioner Paul Aguilar. Another statement that raised eyebrows was Chadwick's assertion that the U.S. government is responsible for the mine not being actively operated, by keeping gold prices artificially low in the 50's.
Would I Lie to You?
Commissioner Duncan asked the county's outside legal counsel if he believed that Blue Lead's attorney was "lying or misrepresenting" facts to the Planning Commission. The question provided some much-needed comic relief for the audience.
Ultimately Planning Director Jory Stewart spelled out for the commissioners, yet again, why neither planning staff nor legal counsel can tell commissioners how to vote. Based on the evidence presented, Stewart said, staff does not believe there is sufficient evidence to grant vested rights.
Lyle White - Did He Ever Sleep?
Lyle White, the much-cited "miner, author, historian," actually not only had a mining camp "out there," according to Chadwick, but he actively mined the area. Nevermind that White was not the owner of the property, or that no contract or agreement between him and the actual owner of the property can be documented.
New information came to light when Commissioner Donesky asked if White's mining was his principal source of income, as asserted by Chadwick. Associate Planner Jessica Hankins responded that White had a full-time job as the typesetter for the local newspaper.
This fact was the turning point of the hearing, since much of the "evidence" presented by Chadwick was based on pictures taken by White who kept extensive notes on his other activities, like clearing the Red Dog Cemetery, but never wrote about his "mining activities."
Chadwick's mantra -- "Is it more likely than not that Lyle White's mining operation was done with the approval of the property owners? Of course it is" -- did not strike it rich with the commissioners. Neither did Bob White's declaration, interspersed with loud gum-chewing into the microphone, that he resented the humor displayed by the public. White, who is the official applicant for the project (no relation to Lyle White), also stated he was certain local historian and publisher Dave Comstock "has an agenda." Chuckles from the public were audible.
Based on the Evidence: 5-0 No Go
Commissioners made their feelings clear when the deliberation finally started. Without admitting to being "dazzled" by the applicant's attorney during the first hearing, Commissioner Poulter said she would vote against granting vested rights, "based on the evidence presented." Her comments were echoed by her peers and the motion to deny vested rights was adopted by a unanimous 5-0 vote.
Blue Lead LLC now has the option to appeal the decision within 10 days or to complete a use permit for their planned operation. Should Blue Lead LLC decide to mount a legal challenge, they'll have to appeal to the BOS. The Planning Commission's work is done.
