San Bernardino County approves controversial update to mining and land reclamation ordinances
This will be the first substantial update to the County’s regulations since 2007, and the County says key changes include new term definitions, provisions addressing federal lands and multi-agency jurisdiction; and significantly enhanced procedures regarding permits, determining who holds the rights to what land, and enforcement actions. The County says that the new regulations improve clarity, consistency, and enforceability of the County’s mining regulations and bring their local code closer to California standards.
The proposed changes were originally brought to a vote at the Board’s meeting on August 18, when the Board asked the County’s Land Use Services to conduct additional outreach to local agencies and residents.
The timing of the change in ordinance coincided with a new staked mining claim east of Twentynine Palms and north of Joshua Tree National Park. At that August 18 meeting, many residents in the Morongo Basin expressed clarification on the County’s updated mining ordinances and its possible relation to the new claim.
Before the Board passed the updated mining regulations, they held a public hearing on the changes.
“I’m Pat Flanagan, Director of the Moronga Basin Conservation Association. I want to thank you for opening this item for residents to respond. This update matters to our communities now.
“The proposed Music Valley mine, a rare earth project on about 20,000 acres of claims next to Joshua Tree National Park and the city of Twentynine Palms would be governed by this ordinance. Our main concern has been how much environmental review a mine on federal land would receive. The September 29th revisions help. Federal documents must now meet county requirements, including CEQA. And mines on federal land still need a reclamation plan and financial assurances. We support these changes. We ask the board to take three more steps before adopting the ordinance.”
Many local residents who spoke at the public hearing on Tuesday expressed concern about lack of notification from the County, which was addressed by Director for County Land Use Services, Miguel Figueroa.
“I want to share also that as a result of certain actions this board have taken over the course of the past year, the mining division has now been able to bring on board additional staff with the intention to honor and apply our rules and our outreach in a more professional and efficient way. We now have two additional engineering geologists. We now have a mining use technician that carries a senior status within our team in addition to a current recruitment for an additional technician. That will bring our mining team to a level of service that is what we deserve to give our community.”
Third District Supervisor and Board Chair Dawn Rowe suggested that the County could to revisit the environmental review portion of the County’s mining regulations in approximately 18 months.
The updated mining ordinance was passed unanimously by the Board of Supervisors.
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