Judge Rejects Attempt to Void Approval of Sand, Gravel Mine

An administrative judge for the U.S. Interior Department has rejected a legal challenge to the federal government’s endorsement of a massive mining project near Santa Clarita.

The decision issued Tuesday is a setback for the city of Santa Clarita and other opponents of the Transit Mixed Concrete Co. mine, which is designed to extract 78 million tons of sand and gravel from federal land in Soledad Canyon.

Santa Clarita spokesman Jason Smisko said the city is now resigned to the fact that the mine will be built and is working on ways to reduce its impact on the city.

“We’re disappointed, but we’re not disheartened,” he said. “In an effort like this, you prepare yourself for some setbacks.”

The county Board of Supervisors is scheduled to vote on the 460-acre mining project at a Feb. 26 hearing. Federal officials say the board cannot stop the mine, but can impose reasonable mitigating measures to protect the environment.

In August 2000, the U.S. Bureau of Land Management gave Transit Mixed Concrete--a subsidiary of Mexican concrete giant Cemex--the right to operate the mine.

Measures to Protect Endangered Toad

Santa Clarita, the Sierra Club and other groups, in a lengthy appeal to the Department of Interior, argued that the BLM did not adequately study the mine’s possible effects on air quality, water supplies and endangered species in the area.

In a 26-page decision, Administrative Judge C. Randall Grant rejected nearly all of those charges. Grant did say that the BLM approval should include measures to protect the endangered arroyo toad, which was found in the Santa Clara River last year.

Federal officials had determined that the mine would not harm the toad or an inch-long fish called the unarmored three-spine stickleback if river levels are monitored.

Cemex spokesman Brian Mastin said the Interior Department ruling shows that the company has thoroughly complied with all environmental regulations.

“The city raised every issue they could imagine and we had to respond to all of those things,” he said.

Deborah Prosser, attorney for the mine opponents, said Friday that she had not read the decision. She added that her clients have the option of refiling the suit in federal district court.