Politics & Government

Questions Raised Over Vested Mining Rights In Lake Elsinore

The issue will be raised again during a public hearing Jan. 17 at the Cultural Center in Lake Elsinore.

Prompted by state concerns that the city of Lake Elsinore did not properly notify its residents or hold a public hearing on vested mining rights last fall, the city has announced it will hold one Tuesday during its regularly scheduled planning commission meeting.

Tuesday’s hearing will address a proposed project on an 85.76-acre site along the east side of the I-15 Freeway, between Nichols Road and Lake Street. Click here to read the city's public hearing posting.

during open session of its regularly scheduled Oct. 18 meeting. At that time, the commission voted 4-0 that Corona-based Maruhachi Ceramics of America (M.C.A.) -- the company that wants to mine shale on the 85.76-acre site -- must provide updated environmental and traffic studies before it can proceed. to read about that meeting.

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During the October planning commission meeting, however, the issue of vested mining was addressed but never specifically agendized or posted (see attached Oct. 18 agenda and back up documentation). Under state law, when there is a claim of vested mining rights, a public hearing must be held on the matter and advance public notification is required.

Where surface mining is concerned, under state law a vested right to mine exists if the activity has been ongoing since before Jan. 1, 1976. Expansion of surface mining operations after that date may be recognized as a vested nonconforming use.

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During the October planning commission meeting, city staff had provided documents that stated there is a vested right to mine the land. M.C.A. officials also made a claim to vested mining rights during the meeting.

The proposed project site was once leased by mining giant Pacific Clay Products, which has mining operations near the area.

The issue of vested mining rights for that site was addressed d During Thursday’s meeting, the state questioned whether the city adhered to the law in holding a vested rights public hearing.

State Mining and Geology Board member John Lane pushed Lake Elsinore City Attorney Barbara Leibold on the issue Thursday, and she said the public was notified and a hearing was held. to read more about the meeting.

However, a specific public hearing about vested mining rights on the proposed 85.76-acre site that M.C.A. wants to mine was was not scheduled for the workshop.

Regarding next Tuesday, staff has said that a public hearing notice was posted at City Hall Jan. 5, and a notice was published in the Press-Enterprise on Jan. 7. Additionally, the notice was posted on the city’s website Jan. 10.

The notice is also published as part of the planning commission agenda package, which was made available to the public today.

City staff, according to Tuesday’s Planning Commission documentation, is recommending that the commission confirm vested mining rights for the site.

The Jan. 17 planning commission meeting and public hearing begin at 6:30 p.m. at the To read the full agenda, click here.


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