Developing My Own Opinions, Or Why I Voted For Option 2

It’s the way I was raised.  My father taught me to think for myself.

It’s the way I’ve lived my life.  My career required that I form my own opinions.  As a research professional at Stanford Research Institute, and later working in the regulatory compliance field, I had to take ownership of whatever research I conducted and the conclusions I developed.  My job, and sometimes those of my colleagues, depended on my ability to defend whatever positions I took.

Yes, I am part of MERG, and the MERG board has discussed mining and visited mining sites and spoken with those, e.g. Fremont Gold, interested in mining operations in the county.  These interactions have increased my understanding that mining can be carried out in an environmentally responsible way to the benefit of our economy and without damage to our environment. 

I decided how I would vote on Option 2 based on input from County staff, independent research and input from a wide variety of sources.  I learned from and listened to my constituents, and more than 90% of them favored Option 2.

There is also some misconception that the conditional use permit (CUP) included in Option 2, which passed on July 14th, is a dramatic change to our policy on mining and will have an impact on current mining activity in the county.  It will not.  As long as a mining operation does not exceed one acre or 1,000 cubic yards of disturbed material, the Surface Mining And Reclamation Act (SMARA) exemption, then no CUP is required either before or after the passage of any of the options that the board has considered.  A vast majority of small mines or mining operations by individuals fall under this exemption, as do the majority of historical mines.

The requirement for a CUP for mining on all but the largest parcels directly reflects the will of the people of Mariposa County.  Their will is documented in the County’s General Plan, described by the California Supreme Court as the constitution of Mariposa County.  Since the 2006 General Plan was adopted, CUPs have been required for any mining above the SMARA exemption on a parcel less than 160 acres, but has been a permitted use (no CUP) on parcels larger than 160 acres.  Option 1 implements this policy as an ordinance and supplants outdated zoning ordinances. Existing, legally permitted mines are grandfathered under both Options 1 and 2.

Option 2, approved by the Board on April 14th and July 14th, also requires a CUP on parcels larger than 160 acres. Option 2 brings our county’s mining ordinances into alignment with those of virtually every other county in the state.  

A CUP is not a ban on mining. The additional effort and expense associated with a conditional use permit is very small relative to the other requirements (CEQA and SMARA) that a mining enterprise involving greater than 1,000 cubic yards or 1 acre surface disturbance must meet—particularly in that the public hearings required by these two laws can serve as the forum for the hearings necessary for a conditional use permit. 

Finally, since a conditional use permit is required for all manner of projects, from dude ranches to churches, I don’t see why mining shouldn’t.  Mariposa’s Planning Department hasn’t been able to identify a single project that the county has rejected as a result of the conditional use permit.   

During the campaign for county supervisor, I never denied my membership in the Democratic Party, MERG, or Master Gardeners or my affiliation with a local church.  Nevertheless, the voters of District 1 voted overwhelmingly to elect me to represent their interests.  That’s precisely what I have been doing and that is what I intend to continue to do.

If people are interested in an official ruling on the conflict-of-interest question, when the mining community asked the Fair Political Practices Commission (FPPC) to review my situation, the FPPC wrote that they could find no basis for a conflict of interest on my part and would not pursue the matter further.  That letter is available on my Facebook page.

Rosemarie Smallcombe
Mariposa County District 1 Supervisor
Mariposa, CA