BOARD MULLS SETTLEMENT AT STAKE IS SAND, GRAVEL MINING PERMIT.

Byline: Troy Anderson Staff Writer

The county Board of Supervisors met Tuesday behind closed doors to consider settling a lawsuit challenging the county's denial of a permit to mine sand and gravel in the Soledad Canyon area, but took no official action.

After the hearing, county officials said the board took no ``reportable action'' on the proposed settlement but said they were under a gag order not to disclose what occurred in confidential settlement discussions ordered by the federal court.

Officials would not confirm whether a settlement was reached, but said, hypothetically, that if a settlement was reached, it would require the approval of all three parties involved in the lawsuit. If and when all three parties approve a proposed settlement, officials said the county would be required to disclose the conditions of the settlement.

Santa Clarita City Councilwoman Laurene Weste urged the supervisors before the closed-door hearing not to approve the settlement because of pending passage of federal legislation by U.S. Rep. Howard ``Buck'' McKeon that would limit mining in the canyon to historic levels while allowing Cemex Inc. to mine in other areas of the state.

``It's very much in your interest that you wait for adoption of federal legislation that truly addresses this project in a way that is a win-win for the community, the applicant and the 100-plus organizations opposed to the proposed project,'' Weste said.

Weste also asked the supervisors to approve a settlement that reflects the concerns of residents who say mining would pollute the air, choke area roads and freeways with traffic, and threaten the Santa Clarita Valley's water supply.

``The community has come together on 13 different mitigations on this project, which was given to the county as a road map for the decision on Cemex,'' Weste said. ``It's our sincere hope that the county has taken these to heart as part of any settlement being negotiated. With the limited information that we have, we believe some level of mining will be approved by the county in the near future.''

The city has spent more than $2.4 million in its fight against Cemex's plan to mine 56.1 million tons of sand and gravel from Soledad Canyon.

Santa Clarita officials have hoped that McKeon's legislation would be passed before a lawsuit filed by Cemex over the county supervisors' rejection of a surface mining permit for the quarry is settled. The mining site sits outside of Santa Clarita city limits, in the county's jurisdiction.

Lawyers for Cemex and the county have reached a tentative agreement that is expected to allow plans for the mine to proceed with only minor changes, if any, officials say.

If, however, a final settlement proves elusive, a federal judge is expected to uphold Cemex's claim that the county supervisors inappropriately used the environmental review process, which lasted more than a year, as a tool to delay and interfere with the federal government's approval of the mine.

In 2000, the federal government awarded two 10-year contracts to Transit Mixed Concrete to mine the rich aggregate deposits in Canyon Country in return for royalty payments of $28 million. Azusa-based TMC was later purchased by Cemex, a Mexican firm.

Troy Anderson, [phone]

troy.anderson(at)dailynews.com