August, 2003
CMA's NEW PRESIDENT

Steve Cortner (Vulcan Materials Western Division) will provide Association leadership in the coming year with his recently-elected board. His first message as president emphasizes commitment and teamwork: “The whole is more than the sum of its parts.” Click here for his inaugural message to CMA members.

INDUSTRY BRIEFS

CMA Office Has Moved

Here’s a reminder of the new CMA address. The office is now located at

  • 1107 9th Street
    Suite 705
    Sacramento CA 95814
    Phone: (916) 447-1977
    Fax: (916) 447-0348
    www.calmining.org  

State Geologist Retires

Jim Davis has retired as State Geologist and head of the Department of Conservation California Geological Survey after 25 ½ years.

It was a career highlighted by his innovative programs that improved the state’s earthquake preparedness and produced a legacy of contributions to the field of geology.

Davis undertook the implementation of SMARA in 1978, helping design the means of classifying mineral resources in areas of competing land uses. He also oversaw establishment of mined land reclamation standards and state review of reclamation plans.

Graniterock safety milestone

A corporate commitment to “Safety Before all Else” has earned the Graniterock South San Francisco Road Materials production facility an accident-free record for 13 years, according to an announcement from the company.

The facility often operates 24-7 to supply high quality construction paving materials to such major projects as the San Francisco International Airport.

Team effort is behind the accomplishment with emphasis on communication, says team member Eddie DuPee, Sr. He emphasizes that each team member knows what the other team member is doing. “It’s the key to being safe,” DuPee says.

CMEF Conference

“It was an excellent conference”… “I feel better qualified to teach earth science with the knowledge and materials I received”… “The best conference I ever attended”…

Comments like these are testimony to the success of the Mineral Education Conference in June at Cal Poly Pomona, which registered more than 75 K-12 teachers statewide.

Teacher conferences are sponsored by the California Mineral Education Foundation and through sponsorships from mining companies including Vulcan Materials, Western Division, OMYA and California Portland Cement Company.

Instructors for the conference included Leo Mercy (California Portland Cement); Joyce Fitzgerald (Elementis Specialties); John Miles (U.S.Pumice); Christine Jones (CEMEX); Scott Honan (Molycorp); Jock Scott (Vulcan Materials, retired); John Bennett (California Portland Cement) and California State University Sacramento Geology Professor Greg Wheeler.

Member companies are invited to sponsor teachers for the second conference July 31-Aug.1 at University of the Pacific in Stockton. Information is available from CMEF at 916/655-1050.

Conference Comment

Sponsorships and teamwork are the keys to any successful conference, and the 2003 CMA Annual Conference is no exception

Support came from volunteers and organizers behind the scenes and from sponsor generosity that pulled it all together upfront. Here, with warm thanks to everyone, are the names:

Sponsors

Registration Gifts:

  • Jeffer, Mangels, Butler & Marmaro LLP

Platinum Sponsors:

  • Downey Brand Attorneys LLP
  • Molycorp Inc.
  • Jeffer, Mangels, Butler & Marmaro LLP

Gold Sponsors:

  • Brown & Caldwell
  • Glamis Gold Ltd.
  • Gresham, Savage, Nolan & Tilden LLP
  • Lilburn Corp.
  • Montgomery Watson Harza
  • Newmont Gold Corp.
  • TetraTech EM Inc.
  • U.S. Pumice Inc.
  • West Coast Environmental & Engineering.

Silver Sponsors:

  • Gladding McBean
  • OMYA (California) Inc.
  • Resource Design Technology Inc..

Bronze Sponsors:

  • Specialty Minerals Inc.

Banquet Sponsors:

  • DegreedJobs.com/ICR
  • Molycorp Inc.
  • Viceroy Gold Corp.
  • Weston, Benshoof, Rochefort, Rubalcava & MacCuish LLP

Golf Hole Sponsors:

  • BB. Demar Hooper Law Corporation
  • Montgomery Watson Harza
  • WZI
  • Justice Associates

Golf Prizes:

  • EIP Associates
  • Graniterock
  • Justice & Associates
  • Montgomery Watson Harza
  • Newmont Gold Corp.
  • OMYA (California) Inc.

Meal Sponsors:

  • Brown and Caldwell
  • Downey Brand Attorneys LLP
  • Lilburn Corp.
  • Resource Design Technology Inc.
  • West Coast Environmental & Engineering

Special Thanks To:

  • Geometrix Consultants, andViceroy Gold Corp, for providing staff support at the registration desk.
  • Construction Materials Association of Calif. For sponsoring travel expenses for Cache Creek Conservancy
  • ICMJ’ Prospecting and Mining Journal and Miners News for complimentary conference advertisements

CMA NEWS

CMA Officers for 2004

Here’s an update for your notebook—new CMA officers for the coming year. They are:

  • President, Steve Cortner (Vulcan Materials, Western Division);
  • First Vice-President, Ben Licari (Graniterock);
  • Second Vice-President, John Bennett (California Portland Cement Co.);
  • Treasurer, Richard DeLong (Enviroscientists Inc.);
  • Secretary, Manfred Keil (OMYA California);
  • Past President, Mike McGath (Elementis Specialities Inc.);
  • General Counsel, Patrick Mitchell (Downey Brand LLP).

2003 Executive Committee

  • Tom Davis (Justice & Associates);
  • Mark Harrison (The Diepenbrock Law Firm);
  • Rod Jensen (IMC Chemicals Inc.);
  • Christine Jones (CEMEX);
  • Dennis Laybourn (Newmont Mining Corp.);
  • John Miles (U.S. Pumice Co.);
  • Bill Padavona (Gladding McBean);
  • Allen Randle (Molycorp Inc.);
  • Randy Sater (Teichert);
  • Jim Voorhees (Glamis Gold Ltd.);
  • Bob Zaebst (Viceroy Gold Corp.).

CMA Calendar Updates:

  • Aug. 13—MAC joint mine tour of Gladding McBean Lincoln facilities followed by an evening soiree.
  • Aug. 14—MAC joint Environment Committee meeting in Sacramento. Please make reservations by August 1st at the Embassy Suites in Sacramento, (916) 326-5000. Room rate is $119. This is a Hilton property so don't forget to use your Hilton Honers.
  • Aug. 26—Series of seminars on “What’s Up With Water and Air” co-sponsored by CMA and CMAC, 9 a.m.-4 p.m., Sacramento. Key topics will be discussed in the morning session, air quality in the afternoon. Make hotel reservations at Holiday Inn Capitol Plaza, (916) 446-0100. Room rate is $99.
Member News

CMA Welcomes New Members

  • John Bennett
    CDM
    18581 Teller Ave.
    Suite 200
    Irvine CA 92612
    Phone: (949) 752-5452
    Fax: (949) 752-1307
    Email-bennettjc@cdm.com
    Service- Environmental and engineering consulting
  • Russell Erbes
    Kleinfelder Inc.
    10044 Granite Hill Dr.
    Parker CO 80134
    Phone: (303) 840-4571
    Fax: (303) 840-4579
    Email-rerbes@kleinfelder.com
    Service- Consultant environmental and geotechnical engineering, 24 California offices, 1700 staff.
  • Jason Ashby
    P & H MinePro Services
    PO Box 2130
    Elko NV 89801
    Phone: (775) 778-0740
    Fax: (775) 778-0744
    Email-jashby@hii.com
    Service-Provides one-stop shopping for mining equipment needs.

IN THIS ISSUE

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El Dorado County wins…but

Industry Impact: Court rules the Department of Conservation lacks standing to sue El Dorado County as a SMARA lead agency.
CMA Action: Association joined litigation as intervenor and has petitioned with the county for Supreme Court review of the attorney fee decision.

By a vote of 2-1, the Third District California Court of Appeal has confirmed a trial court ruling that the Department of Conservation lacks standing to sue El Dorado County.

The state has petitioned the California Supreme Court to review the case

In 1997, the DOC director sued El Dorado County to challenge the county’s SMARA approval of two mining operations. This was the first time the DOC had ever sued a SMARA lead agency, according to an analysis by attorney David Moser of Ebbin Moser and Skaggs.

The California Mining Association joined the litigation as intervenor and was consistent in its position from the beginning—that SMARA is a “home rule” statute intended by the legislature to be implemented at the local level by local cities and counties. The trial court upheld this position in 2001 in a ruling for the county and CMA. The court also awarded attorney fees to the county, CMA and the mine operator.

The appellate court reversed the award of attorney fees—also by a vote of 2-1. The county and the Association have petitioned the California Supreme Court to review the fee decision.

Moser’s report identifies a key passage from the appellate court opinion that summarizes the conclusions reached: “The DOC director’s role under SMARA is primarily advisory; the director advises lead agencies as to the adequacy of proposed reclamation plans and financial assurances… Significantly, while the lead agency must respond to director comments, it need not follow them.”

State silica rule criticized

Industry Impact: Proposed “Reference Exposure Level” for crystalline silica could have ripples in Toxic Hot Spots benchmark designations and local permitting for mine operators and others.
CMA Action: The Association working with the Crystalline Silica Panel, provided Office of Environmental Health Hazard Assessment (OEHHA) with detailed scientific comments by international experts in the field which conclude the proposed level is “unnecessary and unjustified.”

CMA is joining the American Chemistry Council Crystalline Silica Panel in a critical response to a state agency proposal to change a Reference Exposure Level (REL) for crystalline silica.

A panel letter to Dr. Andrew Salmon, chief, Air Toxicology and Risk Assessment Unit, Office of Environmental Health Hazard Assessment, says: “The panel and CMA do not believe the proposed REL is justified from a scientific standpoint, nor do they believe it is practical or responsive to any identified public health concern.”

The letter also challenges the proposed chronic inhalation level as unsupported “by evidence that silicosis or any other silica-related disease is associated with exposure to crystalline silica outside the occupational setting.”

While the Chemistry Council panel members see adoption of a REL for crystalline silica as unnecessary from a public health perspective, they recommend setting it higher than proposed, based on “proper interpretation” of an earlier key study.

According to the panel, the REL value will have to be adjusted upward, as well, to account for differing sampling methods used to predict air concentrations under the Air Toxic Hot Spots Program.

Association Manager, Adam Harper said, “We are very appreciative of the opportunity to provide scientific comments to OEHHA and the SRP on this issue. It is an opportunity we wished we had had during the past CARB asbestos regulations. The SRP’s decision will set the benchmark for regulatory activity in California on this issue, as a result we have worked to ensure leading scientific experts provided comments to the SRP.”

The Scientific Review Panel (SRP) on Toxic Air Contaminants is expected to meet at the earliest in September to review the REL proposal. While they do not accept testimony at the meetings participants are welcome to come observe the debate.

SMGB proposal challenged

Industry Impact: State Mining and Geology Board proposed changes in release of financial assurances sets bad precedent, exceed SMARA bounds.
CMA Action: CMA in conjunction with the Construction Materials Association of California and Southern California Rock Products Association is on record in opposition to the expansion of the “director’s” authority which conflicts with existing SMARA law.

A State Mining and Geology Board ‘modification’ of a SMARA provision for release of financial assurance “sets a bad precedent and goes beyond the authority of the director,” according to testimony by Industry representative James Good (Gresham, Savage, Nolan & Tilden) at a SMGB meeting.

In a written report on the meeting to the Association’s, attorney Good warned, “the bottom line is that the regulation has been moved forward into the 45-day public review process.”

The mining industry has no problem with additional information being submitted by the lead agency to the director on a proposed release of a financial assurance, and even a 45-day period for inspection and enforcement action, if necessary, Good told the board. However, he added: “We can’t give them any more authority than they can give themselves. SMARA creates a very specific ‘box’ in which the director is allowed to act—and nothing more.”

The SMGB change would allow financial assurance release only if the director concurs that a reclamation is complete under the approved plan.

The existing SMARA provision gives the lead agency decision-making authority on release of the financial assurance. The director is simply notified of completion of the reclamation according to the plan.

A lead agency, which has primary responsibility to seek forfeiture of financial assurance, is obliged only to evaluate director comments and prepare written responses related to disposition of major issues raised.

Conference ’03 Wins Kudos

From the golf course to no-holds-barred sessions on the rocky “Adventure’’ of mining in California, the annual California Mining Association conference in San Diego rang the applause meter in 2003.

Annual Conference Chair Bob Zaebst (Viceroy Gold) says good teamwork produces good results. He thanks “all the members of the Annual Conference Committee, the CMA staff, moderators of general and breakout sessions, sponsors and all of you who made this conference a success.”

He has a special tip of the hat for Exhibitors “who took time and resources to provide information and needed refreshments.”

The Conference treated participants from mining industry representatives and consultants to members of local government and the State Mining Geology Board which adjusted their meeting schedule to attend and listen to industries perspective.

Ben Licari, Environment Committee Chair noted, “We are extremely appreciative of the Boards efforts to join us in celebrating our successes and challenges. While our opinions may differ on issues we all want a successful California mining industry.”

Conference participants gave thumbs up to sessions on permitting and environmental lawsuits that plugged the information gap on what to expect and how best to handle it.

If there was confusion about the latest twists and turns in endangered species and critical habitat issues, there were experts to clarify and counsel. It was the same for safety training, technology advances and reclamation success stories—and there were some of these.

A presentation on “Doing Business in the California Market” conceded there were pitfalls and regulatory hurdles but emphasized that long-term trends demonstrate some sectors of the state’s mining industry “do continue to grow, providing well-paying jobs critical to a stable and diverse economy.” The real challenge, analysts say, is to develop strategies to overcome unsubstantiated regulatory hurdles and to implement technologies to do business smarter and faster.

Pre-conference leisure time was launched at Rancho Bernardo Inn Golf Course when the annual tournament teed off at 8 a.m. The first place team shot an impressive round of 65. Taking bows were Ron Walker, EIP Associates, Mike Meinen, Lehigh Pacific Southwest Cement, and Steve Figgins, Brown and Caldwell.

In second place with a round of 70 were Bruce Steubing, Resource Design Technology; Bill Padavona, Gladding McBean; Jim Gore, Vulcan Materials Western Division, and Eric Mears, Brown and Caldwell.

Family and guests were treated to a privately guided behind-the-scenes tour of San Diego Zoo. Attendees and their guests enjoyed a special evening as they dined in Seaworld’s Manatee exhibit followed by a customized private Shamu Show at Seaworld Adventure Park for an added a splash of excitement to the annual banquet.

Meet the Award Winners

Annual awards presentations recognizing both individual and corporate contributions to communities and to the mining industry highlighted Conference sessions.

Benjamin J. Licari (Graniterock), received the President’s Award recognizing an individual who has exhibited outstanding dedication to the mission and goals of the Association and demonstrated “diligent commitment to the preservation of the mining industry and success of the Association.”

Eugene M. Kulesza (retired,TXI Riverside Cement) was recipient of the John Tooker Spirit of Mining Award, honoring an Association member who exemplifies the spirit of CMA’s long time lobbyist John Tooker: “Respect for the industry, concern for colleagues and a patient and thoughtful approach to his work.”

John C. Correll, deputy assistant secretary of the Mine Safety & Health Administration, presented Safety Awards for 2002. Tops in judging based on employee numbers were: Very Small Operation (14 employees), Vulcan Materials Company -Irvine Lake; Small Operation (17 employees), Teichert Materials Inc.-Cool Cave Quarry; Medium Operation (66 employees), Vulcan Materials Company-Sun Valley Plant.

Omya (California) Inc. was tops among large operations (91-150 employees). As a Very Large operation (220 employees), Gladding McBean received first place award.

The Excellence in Reclamation Award for 2002 went to RiverPark B Development, an innovative project by Riverpark B Development at a former Hanson Aggregates West facility adjacent to the Santa Clara River in Ventura County.

During the 50 years Hanson Aggregates West (formerly S.P. Milling) operated the 400-acre sand and gravel business, the growth of neighboring coastal communities had caused re-evaluation of the original “open space” reclamation plan land use.

Hanson teamed with RiverParkB Development to generate a mixed-use community of residential and commercial land uses, public facilities and open space providing for complete reclamation of mined areas.

Glamis Rand Mining Company went home with the 2002 Excellence in Community Service Award in recognition of an energetic volunteer and financial support program in the local community.

Upfront was a goal to assist Rand Mining District in its quest to reinvent itself from a ghost town with minimal possibilities to an historical and modern day “mining adventure.”

Glamis Rand’s employee volunteers invested hundreds of hours in mineral education programs in local schools, lectures on the importance of minerals in everyday life, participation in blood drives, conducting Red Cross courses in first aid and adult CPR, and decorating the community Christmas tree.

Gladding McBean celebrates 128th anniversary

In 1874, a roadbuilder discovered an exceptional deposit of fine-grained clay in Lincoln, CA. On May 12, 1875, three investors from Chicago pooled an initial investment of $12,000 to build a factory to manufacture clay sewer pipe. Just three months later, Gladding McBean & Co. shipped its first 10-ton load of salt-glazed sewer pipe to San Francisco.

In May, 2003, Gladding McBean celebrated its 128th anniversary at the company’s annual “Feats of Clay” open house, which attracts hundreds of visitors from the Sacramento region.

Over time the company expanded its building products line to include brick, roof tile, architectural ornaments and even a line of dinnerware, in addition to the ever-popular sewer pipe. Gladding McBean is one of only three companies in the U.S. that still make terra cotta decorations for building. Twenty-seven years ago, the company was purchased by Pacific Coast Building Products of Sacramento.

Today the company continues to mine its own raw material, employ 240 people and ship product worldwide. Several generations of workers form the clay and fire up the huge kilns, and “the pottery” still maintains a central role in Lincoln’s culture, in spite of the Placer County town’s position as one of the fastest growing towns in California.

Congratulations, Gladding McBean & Co.!

Message from CMA’s new president

Steve Cortner (Vulcan Materials Western Division) will provide Association leadership in the coming year. His first message as president emphasizes commitment and teamwork:

Operating within the current economic and political climate poses considerable—but certainly not insurmountable—challenges for our members and the industry.

Now, more than ever, it is incumbent upon the leadership, members, associate members and staff of not only CMA but also of our fellow state associations and trade groups to speak with a strong, unified voice.

As a famous philosopher once said: ‘The whole is more than the sum of its parts.’ (Aristotle). The MAC group is a great start for this coordinated industry effort.

Whether it is commenting on pending or proposed legislation and regulation, improving industry image or furthering our corporate citizenship and environmental stewardship, the final measure of our success in California depends upon a cohesive dialogue and concerted effort toward issues impacting our industry.

I believe it is this dialogue and effort that will ultimately lead to a more favorable climate for our members to operate in.

As we meet challenges and celebrate successes, let us move forward together with the same spirit, purpose and resolve that has made CMA and its membership a leading voice for an industry that remains the backbone of our state’s economy and quality of life.

END