Mining Associations Challenge Financial Assurance Regulation

The Mineral Associations Coalition (MAC), California Mining Association, Construction Materials Association of California and Southern California Rock Products Association have filed suit against the State Mining & Geology Board for their adoption of regulations regarding the release of Financial Assurances, which exceed the authority granted in statute. The litigation is being handled on behalf of the associations by the Downey Brand Law Firm in Sacramento.


Adam Harper, association manager for the California Mining Association noted that the suit was “absolutely necessary in light of the increased regulatory adventurism being pursued by the Board.” He went on to say, “this is a case where industry attorneys and the Legislative Counsel agree that the SMGB did not have the authority to grant this additional authority to the Department of Conservation. The only people who didn’t agree are the Davis appointees to the State Mining & Geology Board who ignored the revisions their staff made to the regulation in light of these concerns and instead went forward with a flawed proposal.” CMA General Counsel, Pat Mitchell, said “it is a case, similar to what a recent court has referred to as an administrative agency outrunning it’s statutory authority.”

The regulation in question grants the Director of the Department of Conservation final say in whether reclamation is complete superceding the authority of the lead agency granted under PRC 2773.1 (c). “Financial assurances shall no longer be required of a surface mining operation, and shall be released, upon written notification by the lead agency, which shall be forwarded to the operator and the Director, that reclamation has been completed in accordance with the approved reclamation plan.” That is the lead agency is required to notify the Director, not seek his concurrence with the lead agency determination.


Click here for more about CMA's participation before the SMGB. Please feel free to contact CMA with any questions on this issue.

Around the Industry

CMA Announces New Members
Click here for the list

West Coast Environmental and Engineering (WCE), is pleased to announce the opening of a Northern California office in Nevada City.
Click here for more . . .

Justice and Associates is searching for a senior environmental/land use consultant.
Click here for more . . .

Resource Design relocates it's northern California office.
Click here for more . . .
The California Mining Assocation is dedicated to the advancement of responsible mining and the education of the public to the vital role of minerals and mining to our society.

In This Issue

Realities of Today:
Challenges of Tomorrow

CMA’s 2004 annual conference in the Napa Valley was another success. We began the event with a excellent golf tournament chaired by Eric Mears with Brown and Caldwell, and ended on an elegant evening among colleagues and friends with a wine maker’s dinner.


In between the fun and excitement of our networking events, attendees were presented with top-notch educational sessions touching on hot topics such as mine planning, reclamation, and permitting. Regulatory and legislative updates were also on the agenda for the week. The Annual Conference Committee would like to send a sincere thanks to all of the conference speakers who were responsible for the success of the conference.


Conference Chairman, Bob Zaebst with Viceroy Gold Corp., would also like to express his gratitude to the exhibitors, who as always, work hard to ensure the exhibit hall is a relaxing environment conducive to networking events such as the welcome reception and the ice cream social.


We cannot leave without saying how fortunate we are to have the support of our conference sponsors. Their sponsorships help the association by financial means in order to help bring you an exceptional conference at a reasonable cost.

Thank you to the following:


Welcome Gifts
West Coast Environmental & Engineering


Registration Gifts
Resource Design Technology, Inc.
RGP


Platinum
Molycorp, Inc.
RGP


Gold
Enviroscientists, Inc.
Gresham Savage Nolan & Tilden
Lilburn Corporation
Omya California, Inc.
Viceroy Gold Corp.


Silver
Brubaker-Mann Inc.
ENVIRON International Corp.
Ruen Drilling, Inc.
U.S. Pumice Co.
WZI, Inc.


Banquet Sponsors
Valley Rubber & Gasket Co., Inc.
Gencor Industries Inc.


Meal Hosts
Jeffer, Mangels, Butler & Marmaro LLP


Bob Friend of MSHA and Tommy Ayala, Central California Safety Specialist for Vulcan Materials Western Division with the Safety Award


Bill Padavona of Gladding McBean and Bob Friend of MSHA with the Safety Award

 

 Ted Stevens, general counsel for CMA member Blue Mountain Minerals and John Bennett with CMA member Claifornia Portland Cement attend the general session at the 2004 CMA Annual Conference held at the Napa Merriott.

Abandoned Mine Lands Unit
2002-04 Fiscal Year Remediation Activities

Over the past two fiscal years, the Abandoned Mine Lands Unit (AMLU) performed 42 abandoned mine remediation projects involving 149 mine features in 12 counties:

  • Alpine (2 projects, 2 features)
  • Nevada (5 projects, 8 features)
  • Butte (1 project, 1 feature)
  • Plumas (2 projects, 3 features)
  • El Dorado (1 project, 1 feature)
  • San Bernardino (14 projects, 39 features)
  • Imperial (1 project, 1 feature)
  • San Luis Obispo (1 project, 6 features)
  • Kern (5 projects, 69 features)
  • Sierra (5 projects, 9 features)
  • Mariposa (3 projects, 6 features) Trinity (2 projects, 4 features)

The AMLU partnered with twelve separate agencies within three branches of the federal government:

U.S. Forest Service

  • Humboldt-Toiyabe National Forest (2 projects, 2 features)
  • Los Padres National Forest (1 project, 6 features)
  • Plumas National Forest (2 projects, 3 features)
  • Shasta-Trinity National Forest (1 project, 3 features)
  • Tahoe National Forest (10 projects, 16 features)

U.S. Bureau of Land Management

  • Bakersfield Field Office (1 project, 3 features)
  • Barstow Field Office (1 project, 9 features)
  • Folsom Field Office (3 projects, 6 features)
  • Lake Havasu Field Office (Arizona) (1 project, 1 feature)
  • Needles Field Office (2 projects, 2 features)
  • Ridgecrest Field Office (5 projects, 70 features)

National Park Service

  • Joshua Tree National Park (3 projects, 8 features)

The AMLU also teamed up with other state agencies, including:

  • Caltrans
  • Department of Fish and Game
  • California Conservation Corps
  • Office of Historic Preservation
  • State Lands Commission
  • Prison Industry Authority

In October 2003, the AMLU helped coordinate the closure of a hazardous mine shaft on private property near Volcanoville. A contractor installed a polyurethane foam plug at the property owner’s expense.In November 2003, the AMLU worked with the Paradise Irrigation District to close a hazardous mine shaft adjacent to a residential area (click here for more on this project). Finally, the AMLU has worked closely with Bat Conservation International, Inc. to balance public safety and wildlife habitat needs. The AMLU co-sponsored a bat-gating building workshop in San Bernardino County in November 2003. Two abandoned mine features were remediated as a part of the workshop.