San Pedro Neighborhood v. Board of County Commissioners of Santa Fe County
| Citation | 206 P.3d 1011,2009 NMCA 045 |
| Decision Date | 23 March 2009 |
| Docket Number | No. 27,907.,27,907. |
| Parties | SAN PEDRO NEIGHBORHOOD ASSOCIATION, Appellant-Respondent, v. BOARD OF COUNTY COMMISSIONERS OF SANTA FE COUNTY, Appellee-Petitioner, and Paul Parker, Interested Party-Petitioner. |
| Court | Court of Appeals of New Mexico |
The Graeser Law Firm, LLC, Christopher L. Graeser, Santa Fe, NM, for Respondent.
Stephen C. Ross, County Attorney, Sue A. Herrmann, Assistant County Attorney, Santa Fe, NM, for Petitioner Board of County Commissioners.
The Bregman Law Firm, P.C., Sam Bregman, Eric Loman, Albuquerque, NM, for Petitioner Parker.
{1} Paul Parker (Applicant) operates a sand and gravel mine on five acres of land he leases from the United States that is managed by the Bureau of Land Management (BLM). He also owns fifteen acres of land adjacent to the mine lease, and both properties are located within the San Pedro Contemporary Community Zoning District (San Pedro District) in Santa Fe County. The question presented in this case is whether sand and gravel mined from the federal BLM land may be stockpiled on the adjacent subject property. The issue arises because a Santa Fe County ordinance prohibits both "mining" and "commercial districts" within the San Pedro District. The Santa Fe Board of County Commissioners (Board) determined that stockpiling on the subject property is allowed, and the San Pedro Neighborhood Association (Association) appealed to the district court. The district court concluded that the Board decision is not in accordance with law or supported by substantial evidence, and reversed. We affirm.
{2} In 2001, the San Pedro District was established in Santa Fe County with the passage of Santa Fe County Ordinance No.2002-2 (the Ordinance). Section 5.6.1 of the Ordinance directs: "No mining of any type shall be allowed, including but not limited to gravel mining and other types of mining." In addition, Section 5.7.1 of the Ordinance states,
{3} In 2003, Applicant acquired the BLM mining lease on five acres of land owned by the United States. Applicant also owns fifteen acres of land immediately adjacent to the BLM mining lease, and both properties are located within the San Pedro District. In May 2003, the County issued to Applicant a notice of violation for unpermitted development, namely, operating a sand and gravel company and stockpiling material off-site without a permit. In response, Applicant applied to the County for permission to stockpile on the fifteen-acre parcel (the subject property) for four months and to locate a weigh station and guard trailer on the subject property. In January 2004, the Board approved a temporary development permit for two years which allowed the weigh station and guard trailer on the subject property with the condition that the existing stockpiled material on the subject property be removed within 120 days and that no new material be added to the stockpile.
{4} Before the temporary permit expired, Applicant applied for its renewal and also asked the County to remove the condition that he not stockpile mined material on the subject property. The application was first presented to the County Development Review Committee (CDRC), which recommended approval of the amendment after hearing testimony for its approval on behalf of Applicant and against its approval by the Association. The CDRC was presented with evidence from Applicant that "it has proven difficult to store material within the current five acre BLM mining site." This evidence was included in the record, which was subsequently considered by the Board. Evidence was also presented on behalf of Applicant to the CDRC that "it is difficult to mine and stockpile within the same site." The Board then held a public hearing to consider the application, and members of the Association appeared and testified in opposition to the proposed amendment.
{5} Applicant testified that the mining operation has many customers, including the State Highway Department and the County, who prefer to have a stockpile ready when they need material. Applicant stated that the amount of existing stockpile on the five acres of BLM land was between 8,000 and 12,000 tons, and that he had previously stockpiled 20,000 to 30,000 tons on the subject property. When questioned about the size of the proposed stockpile, Applicant stated that the amount would depend on the market and the demand. Applicant also testified that he was "really crowded for room" on the five acres with the other mining operations in the same space, especially if customers wanted the material stockpiled ahead of time.
{6} Evidence was also presented on Applicant's behalf that the mine has provided material for numerous projects, including Sandia Labs, Albuquerque Airport, Kirtland Air Force Base, and assorted roadways, and that it is "very difficult" for Applicant to stockpile within the five-acre BLM mining lease. A miner and customer of Applicant added that five acres is a "very restricted" space in which to conduct the various activities involved with gravel mining, and that other mining operators have stockpiles located away from the mining sites, which makes for a "much cleaner, safer operation."
{7} The Board approved the application in a formal order. Pertinent to this appeal, the Board made the following findings and conclusions:
[1]. Both the mine lease and the subject property are within the San Pedro Contemporary Community Zoning District. The subject property is governed by the Santa Fe County Land Development Code (1996, as amended) and County Ordinance No.2002-2, the San Pedro Contemporary Community Zoning District ("the Ordinance"), enacted on April 10, 2001.
[2]. The Ordinance prohibits "mining operations", but does not define the phrase.
[3]. The Ordinance prohibits "commercial uses" of property within the District (except those that meet the requirements for home occupations and home businesses). The Ordinance does not define the phrase.
[4]. The Applicant testified that he has no intention of mining outside of the mine site. He also testified that his use of the subject property for stockpiling could more than triple the size of his stockpile, thus rendering financially feasible an otherwise marginal mining operation. (Emphasis added.)
[5]. To the extent that a county ordinance such as the San Pedro Contemporary Community Ordinance conflicts with, or frustrates the purpose of, the Federal Mining Act of 1872 ("the Mining Act"), 30 U.S.C.A. § 22 et seq., it is preempted by the Supremacy Clause of the United States Constitution. Where a Federal mining lease is granted pursuant to the Mining Act, Santa Fe County may limit the right of the lessee to mine if there are sound environmental reasons for the limitations, but only to such an extent that the limitations do not serve as an obstacle to the accomplishment of the mining lease. California Coastal Commission et al., v. Granite Rock Co., 480 U.S. 572, 592, 107 S.Ct. 1419, 1425, 94 L.Ed.2d 577 (1987). State and local regulations which render a mine commercially impracticable cannot be enforced. Id. at 595, 107 S.Ct. at 1428.
[6]. The Ordinance must be construed in such a way as to avoid conflicts with the Mining Act. Therefore, the apparent prohibition on mining in the Ordinance cannot encompass stockpiling of mined materials under the circumstances described herein. Similarly, the language in the Ordinance that prohibits commercial uses does not expressly apply to the proposed stockpiling, nor should it be read to do so, for the reasons described. Moreover, stockpiling of mined materials is more properly categorized as an industrial use rather than as a commercial use.
[7]. To the extent the Ordinance does prohibit the stockpiling of mining materials on land adjacent to the mine, the [Board] finds that the prohibition would interfere with Applicant's ability to run a commercially feasible mining operation.
WHEREFORE, the [Board] concludes that the temporary permit to place a weigh station and guard trailer on the subject property should be re-issued for a four[-]year period of time, and the prohibition on stockpiling of mined materials on the approximately fifteen acres of the subject property behind the berm should be lifted during that four[-]year period.
{8} The Association appealed the Board decision to the district court. The district court reversed on the basis that the Board decision "to allow stockpiling of mined materials on private land adjacent to a BLM mining lease is not in accordance with law" and not supported by substantial evidence. The final order of the district court does not contain any other findings of fact or conclusions of law. However, the district court made an oral ruling, stating that the Board decision was deficient in three respects: (1) there was insufficient evidence that the Ordinance rendered Applicant's mining activity commercially unfeasible; (2) there was insufficient evidence that an industrial use was permitted on Applicant's property; and (3) there was no legal authority for a temporary permit. We do not consider the oral ruling as a final order, but simply as "instructive in determining the court's intent where an ambiguity exists in the court's decision." In re Adoption of J.J.B., 117 N.M. 31, 37, 868 P.2d 1256, 1262 (Ct.App.1993).
{9} Both Applicant and the Board petitioned this Court for writ of certiorari. See NMSA 1978, § 39-3-1.1(E) (1999) (); Rule 12-505 NMRA (...
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