Don’t let San Bernardino County Permit Mines Without Public Input

San Bernardino County is considering revising its mining regulation. The County calls this a standard update, but sloppy drafting risks giving up local oversight for projects that have approval from Washington D.C.

County Supervisors want to hear from San Bernardino County residents before making their decision.

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I am writing to comment on the proposed update to San Bernardino County’s mining ordinance: "An ordinance to repeal and reenact Chapter 88.03 of the San Bernardino County Development Code related to local surface mining and land reclamation regulations."

I am concerned about the proposed language in section 88.03.040 (b) Federal Lands:

"Where surface mining operations occur, or are proposed, partially or entirely on federally managed public lands, the County may accept documents and environmental studies prepared by federal agencies as functionally equivalent to meet the County’s requirements under this Chapter, consistent with the 1992 Memorandum of Understanding (MoU) between the State of California and such federal agencies, and any subsequent amendments or successor agreements entered into by the parties. A Permit shall not be required for those portions of surface mining operations that require and obtain a federally approved plan of operation, or other federal authorization, to conduct surface mining operation."

As written, this ordinance risks undermining California’s environmental protections which go above and beyond federal requirements. The ordinance must be revised to clarify that projects on federal lands are subject to the California Environmental Quality Act and Surface Mining and Reclamation Act, policies that provide reasonable protections and public participation requirements. The county cannot rely on an outdated MoU that assumes NEPA and CEQA are equivalent. The ordinance must be revised to delete reference to the MoU and instead ensure proper compliance with CEQA. Local communities deserve a process to ensure public participation and information sharing for mining projects in the County. Please deny the adoption of the proposed repeal and reenactment of the Development Code unless or until these changes have been made.