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Fresno County board upholds Riverbend mining permit after contentious hearing, requires indemnity and two‑year start
Summary
After hours of testimony from neighbors, conservation groups and the project’s attorney, the Fresno County Board of Supervisors voted to reverse a staff finding that Conditional Use Permit 3390 had expired, concluding the applicant showed substantial development. The board attached conditions including an indemnity for the county and a requirement to begin Phase 1 mining within two years.
The Fresno County Board of Supervisors voted June 2 to reverse a planning director determination that Conditional Use Permit (CUP) 3390 for the Riverbend sand and gravel project had expired, finding the project had achieved "substantial development" and therefore the permit remains valid. The decision was accompanied by conditions that the applicant indemnify the county for litigation costs and commence Phase 1 operations within two years of the board’s action.
The appeal centered on whether work done after the 2015 planning commission approval met the test for substantial development. Pat Mitchell, counsel for the landowner and applicant, urged the board to reverse staff, saying the project has a full environmental impact report and that the applicant and affiliates have spent millions on the project since 2015. "We respectfully request the Board to approve our appeal, hold CUP 3,390 valid," Mitchell said, citing more than $4.3 million in pre‑approval and follow‑up expenditures and arguing that both hard and soft costs count toward substantial development.
Opponents, including nearby residents and conservation groups, argued conditions have changed since 2015 and raised groundwater, dust and traffic concerns. "Continuing with the Riverbend Sand and Gravel LLC mine will create further negative impacts to our families, environment, and community health," said Rebecca Carlson, who identified herself as a nearby resident, citing potential effects on wells, silica dust and increased truck traffic.
Technical and legal debate at the hearing focused on the standard the board should apply. County counsel told the board the ordinance’s definition of "substantial development" has since been revised to emphasize physical, on‑site construction, but that the board retains discretion to interpret whether past investments and preparations constituted sufficient development under the law as it stood when the CUP was granted. Several board members said they weighed both the record of investments and the legal precedent recognizing soft costs in certain cases.
Supporters of the project, including industry representatives, urged the board to approve the appeal for local economic reasons. "Availability of local construction aggregates is essential to a strong local economy," said Nathan Schweihat, who described himself as a licensed civil engineer working in the aggregate industry.
After deliberation the board approved the applicant’s appeal. The board’s action includes two named conditions in the resolution: (1) the operator or landowner must indemnify and hold the county harmless for legal costs associated with the decision if challenged, and (2) the applicant must commence Phase 1 mining operations within two years of the board’s determination or face conditions listed in the adopted resolution. One supervisor recused from the vote; the remaining supervisors voted to grant the appeal and adopt the resolution.
What happens next: With the board’s finding that the CUP remains valid subject to the listed conditions, the applicant may proceed to satisfy remaining permitting and mitigation requirements and negotiate leases or operator agreements. Opponents at the hearing urged additional environmental review and said they reserve legal options.
Board action: The motion to grant the appeal passed with no recorded dissent and one recusal by the supervisor who earlier recused from participation on the item.
