On April 25, Canadian junior company US Copper Corp. submitted a letter to Plumas County Zoning Administrator Jim Graham withdrawing its request for a determination of vested rights to mine the historic Engels and Superior mines in Indian Valley. Accordingly, the county has stopped processing the application and removed the item from the agenda of the next regularly scheduled zoning meeting May 8. The decision by US Copper follows the release of a memo by county legal consultants BBK Law, which found insufficient evidence to support a finding of vested rights in the case.
Public concerns
According to BBK’s analysis, of the 88 public comments received on the proposed mining operation, 74 (84.1%) expressed opposition. Nine (10.2%) raised procedural or social concerns. Five comments (5.7%)—including three from US Copper or its attorneys—expressed support.
The legal question of whether US Copper has a vested right to mine at Engels and Superior has often been overshadowed in the public discourse by the larger vision for the Moonlight-Superior Copper Project, described in a preliminary economic assessment on the company’s website. The PEA imagines a future large-scale open pit copper mine spanning several deposits over 13 square miles.
During zoning meetings, area residents have raised concerns about water safety for livestock and the drinking supply, as well as quality of life and the preservation and restoration of the natural environment.
What’s next for the Moonlight-Superior Copper Project?
A finding of vested rights would simplify the process of obtaining approval to mine, allowing US Copper to bypass the county permit process and the California Environmental Quality Act analysis that is typically part of the application. Although the determination of vested rights request has been withdrawn, there are several pathways open to the company going forward. Importantly, BBK’s review did not find that vested rights do not exist, merely that the current application does not satisfactorily demonstrate that they do.
US Copper could not be reached for comment.
