Regional
"Vested Rights" for Blue Lead Mine Up for Approval by Planning Commission Today
Author: YubaNet
Published on Apr 21, 2010 - 10:09:01 AM

NEVADA CITY, Calif. April 20, 2010 - The Nevada County Planning Commission will consider the Request by Robert White for determination of vested right to mine the 74.37-acre "Blue Lead Mine." at 2:00 p.m. on Thursday, April 22.

See update at the end of the article.

The item is continued from the March 25 hearing, where the five commissioners chose to completely disregard staff's arguments recommending a denial of the vested rights claim. Instead, they adopted a motion of intent to grant the request and directed staff to prepare findings supporting this decision.

The commissioners are volunteers appointed by their respective supervisors.

The Blue Lead Mine is located at 18272 Red Dog Road in Nevada City, where Red Dog Road meets You Bet Road. Acquired in March 2007 by Golden Girl Mine and subsequently renamed Blue Lead, the property is owned by Tucker White. His father, Robert White, is the applicant for the vested right to mine.

Why "Vested Rights" Instead of a Use Permit?

A vested right to mine basically "grandfathers" an existing, operating mine into the county or state system. Any vested mine does not need to apply for a mining permit to the county and no California Environmental Quality Act (CEQA) document for the mining operation itself is required. Another exemption concerns grading permits for roads, landing pads, staging areas, etc. Culverts and diversion ponds are also exempt from any oversight under the vested right to mine.The advantages granted under the vested right are numerous and exclusively profit the applicant.

Blue Lead has already been cited by the county, BLM and the Regional Water Quality Control Board for a host of violations. Obtaining vested rights would dispense with permit requirements and allow the continuation of mining activities on the property.

Vested rights still requires annual reporting, a lead-agency approved reclamation plan, and an annual financial assurance (bonding). Failure to have either a complete reclamation plan or financial assurance is subject to a penalty of up to $5,000 per day and may also result in a cease-and-desist order, according to Don Drysdale, Public Affairs Officer for the Office of Mine Reclamation.

Blue Lead submitted an incomplete reclamation plan in September 2009 and has so far not provided any additional information requested by the county. This is the first time any plan has been submitted for the property.

"Any mine that had a two-year break in production without a valid reclamation plan and Interim Management Plan is deemed to have been abandoned under SMARA and thus is ineligible for vested rights," Drysdale told YubaNet.

Local Property Owners, Historians Contradict Blue Lead Representations

Blue Lead's neighbor Tom Brown is directly affected by the proposed operation and the work already undertaken without a permit. His property borders Blue Lead and a road was bulldozed through his land -- without his consent -- by Blue Lead Mine LLC. Mr. Brown, who has been residing in Virginia since 2006, only learned about the trespass when BLM contacted him in October of 2008.

BLM, also a neighbor of the project, issued a notice of violation and a Cease and Desist order to Blue Lead Mine LLC for "a knowing and willful trespass against the United States when he bladed access roads to his Blue Lead Mine across BLM-administered public lands without first getting authorization from BLM. His trespass actions also included building settling ponds on public land (in part), storing equipment, occupancy of camper trailers and the removal/burial of cadastral survey monuments." Tucker White, on behalf of Blue Lead Mine LLC, was issued the violation notice and paid $18,006 in damages to BLM. No damages were paid to Mr. Brown.

In his written statement to the Planning Commission, Mr. Brown speaks directly to the vested right to mine and the important issue of "abandonment":

Prior to 2004 we visited this parcel frequently -- at least once a year, and often three or four times a year. Since moving to Virginia our inspection visits occur much less often. In reviewing my property records I've noted that my last inspection of the property was in May 2006. During all visits to the property it's my habit to walk all the property lines and "check all the corners." When I walk along the property line between my parcel and APN # -12 I can see a large portion of that neighboring parcel. After the inspection in May 2006, I made the following entry in my file: "nothing unusual was noted." I certainly would have known if any mining activity was occurring. The fact is that between 1986 and May 2006, the land was unused, and there certainly was no mining. My personal observations about the use of APN# -12 supports the Staff's belief that the parcel has been abandoned or idle and that the vested right is destroyed.

Mr. White has run roughshod over many agencies in other parts of the state. Now he wants to continue his legacy in Nevada County. We hope that the Nevada County Planning Commission will draw a line in the sand of Greenhorn Creek and the Bear River and refuse to allow Mr. White to cross that line. Please send a message that his type of behavior will not be tolerated in this county.

In conclusion, we respectfully request a determination from the Planning Commission that the applicant does NOT have a vested right to mine. Please be advised that should the Commission decide to grant the vested right to mine it would be our intention to appeal such a decision.

Before they bought the diggings (for an insignificant sum) the Brady family owned no property at [sic] in the You Bet-Red Dog area except up here on Chalk Bluff, and Jerry's mother gave away or sold all but 80 acres (which have never been mined). The family had always worked for other companies and lived mostly on BLM land. I knew just about everybody who prospected (or sniped) for gold in this area from 1968 on, and all of them worked along the running streams with shovels and picks. No one worked in the Blue Lead section because there was no running water.

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