Marina sand mining plant gets state ultimatum

UPDATE 05/16/17 6:17 p.m.: An ultimatum from a state commission to Cemex Tuesday ordered the sand mine in Marina to comply with state law or close.

The California Coastal Commission first issued a cease and desist order to Cemex last year. But after rounds of delayed negotiations, the plant is still running.

An order for America’s last coastal mine – extracting sand for profit – to comply with state regulations.

“(It) is essentially using sovereign resources, public resources that have been swept in from the Pacific into this artificial lagoon and being dredged there,” said Rhys Williams, Newsom’s chief of staff.

In an ultimatum to Cemex, Lt. Governor Gavin Newsom, who chairs the California State Lands Commission, said the plant is using public land without a lease and stealing what’s on it.

Cemex answered with a statement, saying it is reviewing the information, and “the facility in marina has all required entitlements to operate, which has been confirmed repeatedly over the last 50 years by numerous government entities.”

KION asked Cemex for the names of those state agencies. Cemex said it’s working on providing that information.

Meanwhile experts said scientific facts like coastal erosion on the Monterey Peninsula are easier to understand than politics.

“You can’t take 20,000 dump truck loads of sand off the beach every year for decade after decade and not have some impact,” said USCS professor Gary Griggs.

Local nonprofits have been working to get state officials’ attention on the issue, including speaking out at public meetings and staging protests.

And most recently, save our shores sent thousands of anti-Cemex postcards and small bags of sand to state officials

“There’s an order on the table now and that Cemex will have to respond to this. Unlike previous indications that the California Coastal Commission gave in their intent for notification of cease and desist, which was given extension over extension over extension,” said Ryan Kallabis, with Save Our Shores.

In Tuesday’s ultimatum, the state lands commission notified Cemex that it must apply for a lease subject to a review. But the exact time line still has to be worked out.

PREVIOUS: The California State Lands Commission has ordered Cemex to comply with state law or stop mining for sand in Marina, according to Lt. Governor Gavin Newsom, who chairs the State Lands Commission.

“Stealing public resources for private profit without a lease is a violation of the state constitution and statute,” said Newsom, quoted in a press release issued today. “This mine is a relic of an era that California and the nation rejected a long time ago, and it is past time that Cemex engage in a dialogued on the future of operations.”

The controversial Cemex sand mining plant has operated without a state permit or lease. The California Coastal Commission has been in negotiations with the company since it ruled in 2016 that the sand mining operations violated state regulations.

State Controller and Commissioner Betty Yee says the letter sent to foreign-owned Cemex is the result of staff research including consultation with experts, review of scientific literature and visits to the site in Marina.

“The Commission’s lease application review process will properly analyze the effects of Cemex’s sand mining to recreation, the local economy, and to the state’s public trust resources,” said Yee, quoted in the press release.

Cemex released the following statement to KION: “Cemex is currently reviewing the information provided by the State Lands Commission and is not able to comment on it at this time. The Lapis facility in Marina has been in consistent operation for more than 111 years. That the operation is a vested right and has all required entitlements to operate, has been repeatedly confirmed over the last 50 years by numerous Government entities.”

Scientists have long blamed Cemex for coastal erosion and the disappearance of beaches along the Monterey Bay.

The sand mining plant does have its supporters on the Central Coast, who say the facility provides jobs and helps boost the local economy.

This is a developing story, so please check back for details. KION’s Linda Zhang will have more this evening at 5 p.m. and 6 p.m.