Quechan Appeal Holds Up; Oro Cruz Project Goes Down » Holtville Tribune

EL CENTRO — In what has been a years-long fight to fend off efforts to mine sites and areas the Quechan Indian Tribe say are culturally significant, the tribe was victorious in preserving those sites this week with an unexpected win against Canada’s SMP Gold Corp.

With a 3-1 decision, the Imperial County Board of Supervisors on Tuesday, March 19, approved two appeals submitted on previously approved reclamation plans by the Imperial County Planning Commission for SMP Gold’s Oro Cruz exploratory mining project after months of hearings, delays and public comments.

Supervisors Jesus Escobar, Ryan Kelley and Mike Kelley voted “yes,” John Hawk voted “no” and Chairperson Luis Plancarte recused himself. 

A denial of the appeals would have given final sign off from the county, allowing the company to move to the next phase in its mineral exploration plans in the Cargo Muchacho Mountains and Indian Pass region in eastern Imperial County. The reclamation plans submitted included SMP Gold’s methods for restoring the land’s conditions after the project, per requirements of California’s Surface Mining and Reclamation Act and the California Environmental Quality Act.

“The county (Planning and Development Services Department) has failed to address the fundamental issues raised,” Hallie Kutak of the Center for Biological Diversity said about the reclamation plan. “It was not based on updated, accurate, or complete information,” she told the supervisors, urging them to stop the Oro Cruz project.

The federally protected land, under the U.S. Bureau of Land Management, is culturally significant and important to the Quechan Indian Tribe and its members have been vehemently fighting the Oro Cruz mining project for years, with the support of other tribes, and numerous environmental and social justice groups and concerned residents behind them.

Conan Nierenhausen (right) holds up a sign in silent objection to the public hearing regarding the SMP Gold Corp.’s Oro Cruz mining project and its reclamation plans for the exploratory mining measures in the Cargo Muchacho Mountains. Applicant Graham Stevens of Sepse Consulting sits (left) listening to public comment feedback. “Protect our land – water – air. No Oro Cruz Gold Mine” the sign reads on Tuesday, March 19. | KIMBER DIAL PHOTO

The Quechan tribe have fought SMP Gold’s application process over the last several years in several venues, from filing appeals with the BLM and the U.S. Department of the Interior at the federal level, down to the local efforts with the county. Wyatt Rosette, attorney representing the Quechan Tribe, updated the county board with the information that one of the tribe’s federal appeals is still pending as of Tuesday, March 19.

Quechan tribal council member Willie White told the county board that the land remains so important to the tribe that the tribe is already in the process of establishing further protections upon the coveted BLM land in an official capacity. 

After the hearing, White elaborated further and told the Calexico Chronicle that the tribe is trying to dedicate the Cargo Muchacho Mountains area as the “Kw’tsán National Monument” and since the Oro Cruz project needs to start from scratch with its paperwork submissions, White feels hopeful that his land will be protected before the exploratory mining company has a chance to try again.

After many months of legislative appeals and delays, “If the reclamation appeal is approved, they (SMP) would start from scratch,” said Jim Minnick, Imperial County director of Planning and Development Services, clarifying the process for the supervisors before their vote.

The decision was a much-needed win for the Fort Yuma Quechan Indian Tribe, which had the support of the Center for Biological Diversity as co-applicants on appeals. 

“Decline to approve this until the errors and falsehoods therein can be corrected through meaningful government-to-government consultation,” Donald Medart Jr., Quechan council member, told the county board on Tuesday.

Supervisor Ryan Kelley, Supervisor Mike Kelley, Supervisor Jesus Escobar and Supervisor John Hawk, all prepared to vote on the long-discussed item of the Oro Cruz exploratory mining project, are seen on Tuesday, March 19. | KIMBER DIAL PHOTO

“The record before you today fails to demonstrate that the Oro Cruz project will not have significant environmental impacts as the MND (mitigated negative declaration) promises,” Center for Biological Diversity attorney Kutak said via Zoom.

The Oro Cruz exploratory drilling site has been on the agenda since last fall with the county Planning Commission, and it was determined at its Jan. 10 meeting that the Board of Supervisors needed to host a public hearing to further discuss the many empty or inaccurate details in the submitted reclamation plans, according to Kutak.

Many of the land and environmental issues of the plans were pointed out as flawed per CEQA. “The county recommended we prepare a Mitigated Negative Declaration to address the CEQA requirements,” Graham Stevens of Sepse Consulting Inc. said, as SMP’s consultant.

“If you’re hearing it from your neighbor, the Quechan tribe, that you’re not satisfied with the level of consultation that we have received with BLM, then it should be your responsibility not to let this project proceed,” Willie White said when it was his turn for public comment.

The proposed mining site is home to the remnants of a previous mining operation from 1996, where the BLM allowed drilling on the federal land that still has scars as evidence, nearly 30 years later. The Oro Cruz site plans encompassed 20 acres of public lands and consist of up to 65 drill sites within seven drill areas. The overall area for the plan’s boundary was about 626 acres west of the Fort Yuma Quechan Indian Tribe. 

“The finding of ‘no significant impact’ was really an insult,” Gail Overton said, referring to the CEQA report, as a concerned resident that lives within two miles of the project site, who went on to describe the disturbed land that’s been sitting at the mountain since the last plan was approved.

Where to Get Water in the Desert

The two formerly mentioned options for water to the project were listed as Gold Rock Ranch R.V. Resort, and the city of Yuma, both deemed as nonviable options for the project due to the state laws, and with significant quantities of water needed to maintain dust suppression throughout the project length, the Oro Cruz team will have another issue to solve in their planning.

Dale Fortner, the SMP Gold geologist, said that there was no need to look for water sources again until the project was approved by the board, but did admit that he doesn’t know where the water will come from now. “No, Yuma can’t transport their water across state lines, but we’ve been talking with other businesses about the economic benefits,” Fortner said.

“It became apparent that the water necessary for the project no longer had a source,” Kutak said.

“This is a blatant hole in the record and is not the accurate, full disclosure that CEQA requires. Where the water may come from is a basic component of an environmental analysis when water supply is an issue like it is here,” Kutak said. 

“The applicant took a similar ‘head in the sand’ approach for all its biological data,” the attorney continued, sharing one example where the applicant was required to study habits of the native wildlife of the region, and gathered information regarding the quantities and habits of desert tortoises, but the study took place during the seasonal hibernation period therefore providing insufficient information.

Jared Naimark, California mining organizer with Earthworks, has been involved with the tribe’s side of the story since the beginning and was able to join in person for the Tuesday meeting to share his opinion. Naimark stood in solidarity with the Quechan tribe and said, “The attempt to dig for gold will do nothing beneficial for the country, as opposed to other natural minerals.

“It’s for jewelry, investments, and bank vaults,” Naimark said, listing the primary uses for gold in the market currently.

Quechan tribe elder Preston Arrow-Weed speaks before the Imperial County Board of Supervisors at the Tuesday, March 19, public hearing regarding SMP Gold Corp.’s Oro Cruz project reclamation plan. Arrow-Weed said, “I don’t think if there was gold discovered or found at Mount Rushmore that you’re going to go dig that up and mess up Mount Rushmore because it represents a lot of sacred things to the people. But you’ll go and do it to us right here.” | KIMBER DIAL PHOTO

Respect the Tribe

“Many comments were raised about whether these government consultations happened,” Stevens said while presenting his powerpoint presentation.

Stevens shared that there have been many letters sent, presentations given, and a site visit that was conducted in 2022 all in the name of tribal outreach. “And as for mitigations and surveys, we counted 10 mitigation measures … and extensive biological and cultural surveys will take place,” the consultant said.

Quechan members are ready to join the conversations, and have been requesting government-to-government consultations since the paperwork began with Oro Cruz, according to attorney Kutak.

“The tribe provided its willingness to participate extensively in the review process, members have shown up to every meeting of this process and have explained that many cultural resources are ignored in the MND … and that kind of omission in the MND means that the MND has not fully met its obligation to inform the public,” she said.

Tribal council member Medart said that Quechan Tribal President Jordan Joaquin did ask if the meetings were government-to-government consultations. “But the BLM said no, they were merely informational meetings and we were told there will be government consultations later,” Medart told the supervisors.

Jonathan Smith said, “Please protect the land, it’s sacred.”

Tribal elder Preston Arrow-Weed said, “I don’t think if there was gold discovered or found at Mount Rushmore that you’re going to go dig that up and mess up Mount Rushmore because it represents a lot of sacred things to the people. But you’ll go and do it to us right here.”

Tribal History

Multiple tribal members reminded the Board of Supervisors of the bloody American history that took place in the name of the gold rush 200 years ago. Tribe elders recalled it was in their own lifetimes they’ve had to face danger for the sake of protecting their land. Native Americans were enslaved on their own land, and forced to work in the gold mines. 

“It was a huge scar on our history and one that we will not soon forget,” Medart said.

“And when we’re talking about trails, we’re not talking about Jeep trails,” Medart said, explaining more of his culture and the physical sites under discussion for the supervisors.

“In this area, you have people that have traveled through and still sing songs about passing through this area,” Medart told them, and continued to explain how the trails are important for native people in the afterlife.

“Our cultural resources are not mere artifacts to be cataloged but embodiments of our identity and heritage,” Jonathan Koteen said, adding to the tribal public comments.

Zion White, another member of the Quechan tribal council, said, “We’re not just a box you can check,” noting that the tribal consultation needs to be more than a half-hearted attempt to meet up.

After listening to the public comments, District 3 Supervisor Michael Kelley said, “Take it back to the drawing board,” and voted for the appeal.

“I’m not opposed to mining it, but I can’t see it go through the way it is,” District 4 Supervisor Ryan Kelley said, also voting for the appeal.

“This is a natural resource and there is a significant margin of profitability, and I would encourage our board to look into a recapture extraction tax,” District 1 Supervisor Jesus Escobar said, positioning himself as the third vote.

Escobar added that the Valley should include a trust fund for a recapture fee on the product that can benefit the future generations.