Here’s an excellent graphic “history of events pertaining to the Blue Lead Property,” prepared by the Nevada County Planning Commission staff and posted two days ago to the public Docushare online directory. This graphic clearly shows that the current owner has not met his burden of proof that Blue Lead Mine acquired a “vested right to mine” in 1954.
First, notice under “Regulatory Events” the notation for the crucial date, October 10, 1954: “County Ordinance 196, Required Use Permit for Mining.”
If the owner of Blue Lead was engaged in legal mining activity on the date of that ordinance, then that activity would be considered “vested.”
However, the current applicant offers only problematic material — too weak to rise to level of “evidence” — that non-owner Lyle White was engaged in mining-like activities somewhere in that geographic vicinity sometime around 1954. Staff notes that “Lyle White conducts possibly unauthorized mining activities in the area.”
Since vesting has not been established, all questions of subsequent abandonment are moot. ((It is, of course, up to the Nevada County Planning Commission to determine whether the applicant has met his burden of proof of vesting, and that’s what the meeting at 1:30 PM on Thursday the 27th in the Rood Center is all about. This vesting agenda item is scheduled for 2:30 PM)).
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