The Feb. 6 meeting of the Plumas County Board of Supervisors marked a small but important step in the determination of vested rights to the Engels and Superior mines. The county has approved the firm of Best, Best and Krieger, known as BBK Law, to review the vested rights application. A final decision is expected at the Plumas County Zoning Administration meeting May 8. Until then, the public comment period remains open.
US Copper Corp vesting application and debate
On April 26, 2023, Canadian-based junior company US Copper Corp submitted an application for a determination of vested rights to mine several parcels on and near the historic Engels mine. The application was amended June 27 to include just two parcels: Engels Mine (APN 007-080-004) and Superior Mine (APN 007-090-003), an area totaling 1.15 square miles (735 acres). Under both California law and Plumas County code, businesses that predate zoning ordinances are considered “vested” and have the right to continue their operations if they meet certain requirements. Importantly, the owners must not have waived or abandoned their rights, and “no substantial changes in the operation” are permitted (Section 9-5.05).
County planning department staff reviewed the application and prepared a report recommending approval, which was made public Oct. 5, 2023. But strong community opposition to the proposed mining projects arose at the zoning administrator meetings Oct. 11 and Dec. 13. Local residents expressed concern over issues including traffic, health and safety, risks to the environment, and fears that the company will not honor its commitment to reclamation once mining is completed. Also at issue were factual considerations, such as whether the mine is abandoned or not, what qualifies as a “substantial change in operation,” and the lack of secondary corroborating evidence for the claims put forward in the US Copper application. Written public comments expand on these concerns.
Faced with the thorny question of whether or not US Copper qualifies for vesting under the law, planning department staff decided to continue the issue to the May 8 meeting, and, in the interim, to hire a legal consultant with appropriate expertise to review all the material relating to the matter.
Consultant selection process
BBK is a full-service law firm based in Ontario, California, with expertise in mining law and vested rights applications. Tracey Ferguson, director of planning for Plumas County, recommended the firm at the Feb. 6 board of supervisors meeting.
In a memo to the board, Ferguson explained that in December she began soliciting outside representation with expertise in the determination of vested rights. Two bids were received — from Benchmark Resources and BBK. Both were similar in terms of staffing rates and fees. Benchmark Resources did disclose a potential competing interest: the firm previously prepared a use permit and reclamation plan application for Rise Gold during Nevada County’s California Environmental Quality Act review process. They have not done any work for Rise Gold since May 2023.
The memo continues: “BBK, rarely, if ever, works with private mining operators and disclosed no conflicts of interest.” The firm has worked on matters related to water resources that could be potentially adverse to the county, and agreed to sign a conflict waiver.
The supervisors voted unanimously to approve Supervisor Jeff Engel’s motion to hire BBK to assist county officials.
What to expect
BBK is now under contract with the county from Feb. 6 to May 31, with total fees capped at $35,000.
The planning department will continue to accept public comments up to and during the May 8 meeting.
Tracey Ferguson, Plumas County planning director
The scope of work includes review of the relevant materials, including the application for vested rights submitted by US Copper Corp, the original county staff report, the zoning administration meeting records, county codes, case law and public comments.
Hiring BBK as a consultant is “an extra layer of protection” for the county and its natural resources, said Greg Hagwood, the board chairman.
BBK will begin its evaluation Feb. 19. The firm is expected to provide regular updates, join in virtual meetings about the project, and attend the May 8 zoning administration meeting, where the determination of vested rights will be delivered.
In the meantime, the planning department will continue to accept public comments up to and during the May 8 meeting. Written comments may be emailed to Ferguson at traceyferguson@countyofplumas.com.
