Rise Grass Valley plans to petition for recognition of vested rights to conduct mining operations at the Idaho Maryland Mine, according to a letter sent to Nevada County by its attorney Monday, August 21, 2023.
Rise Grass Valley, the applicant, plans to file a petition asserting vested rights by September 1, 2023.
“A vested right is a right to continue activity that existed before a zoning restriction became effective,” said County Counsel Katharine Elliott. “A vested rights finding for Rise Grass Valley would mean that the applicant has a legal right to mine on the Brunswick Industrial Site.”
The Board of Supervisors will hold a hearing on the petition in late October. This means the Board’s previously scheduled October 2-3 hearing on Rise Grass Valley’s application for a conditional use permit is canceled.
Instead of going first to the Planning Commission, the applicant has requested that its petition be heard by the Board of Supervisors and has agreed to waive any procedural rights or irregularities.
The Board of Supervisors will make the final determination on whether the petition for vested rights is valid by reviewing the facts of the historical use of the mine property and the law.
If the Board approves the petition, the next step would be consideration of a reclamation plan, which would explain in detail how the applicant would operate the mine. In addition, Rise Grass Valley would need to provide a statement of responsibility and financial assurances that the applicant could cover potential damages.
If the Board denies the petition, the County will schedule a noticed public hearing to consider the original proposal to reopen the Idaho Maryland Mine in early December.