Kevin Richardson of the Backstreet Boys testifying before Congress on mountaintop removal mining. (AP Photo)

Thank you, Conference Sponsors!

Registration Gifts:

• Baker & McKenzie
• Molycorp Inc.
• West Coast Environmental

Platinum Sponsors:

• Downey Brand Seymour & Rohwer
• Homestake Mining Co.
• Ingersoll-Rand
• Molycorp Inc.
• Montgomery Watson Harza
• TXI Riverside Cement Co.
• Vulcan Materials Western Division

Gold Sponsors:

• Gresham Savage Nolan & Tilden
• McCutchen Doyle Brown & Enersen
• U.S. Pumice Co.

Silver Sponsors:

• AllenBrand Public Relations
• Condor Earth Technologies
• Environmental & Resource Management
• Geomatrix Consultants
  
• IMC Chemicals Inc.
• Lilburn Corp.
• Omya (California) Inc.
• Resource Design Technology Inc.
• Rick Goacher/Planning
• Viceroy Gold Corp.

Bronze Sponsors:

• Brown and Caldwell
• Elementis Specialties Inc.
• Gladding, McBean
• Kinross Gold/Lassen Gold Mining Inc.
• Newmont Mining Corp.
• Specialty Minerals Inc.
• Thelen Reid & Priest LLP
  

Banquet Sponsors:

• Graniterock
• Tetra Tech EM Inc.
• The Diepenbrock Law Firm

Golf Sponsors:

• Barrick Gold/McLaughlin Mine
• Degussa Corp.
• Environmental & Resource Management
• Ingersoll-Rand
• MFG Inc.
• Montgomery Watson Harza
  
• Newmont Mining Corp.
• Pacific Gas & Electric Co.
• TXI Riverside Cement

Rocky Mountain Mineral Law Foundation has published “The Regulation of Mineral Enterprises: A Global Perspective on Economics, Law and Policy.” Authored by Professors Jim Otto and John Cordes, it is the first book on the subject in 25 years.

For a detailed table of contents, visit the website, www.rmmlf.org.

New EPA Superfund Panel

The Association welcomes the appointments to a new EPA advisory panel of Bill Adams, environmental science director for Kennecott Copper, and Steve Elbert of BP America.

EPA Administrator Christie Whitman says the National Advisory Council on Environmental Policy and Technology will make recommendations on Superfund’s role in addressing handling of the nation’s most polluted and hazardous waste sites. These include complex cleanups at mining-related and sediment sites.

Click here for a complete list of NACEPT committee members.

CMA NEWS

New Member

• Jones & Stokes
  2841 Junction Ave., Ste. 114
  San Jose, CA 95134
  David Zippin, delegate
  (408) 434-2244
  (408) 434-2240
  dZippin@jsanet.com
  www.jonesandstokes.com
  

The firm provides full services in environmental planning, permitting and natural resources management.

Change of Address

• Rick Goacher/Planning
  440 Goddard
  Irvine, CA 92618
  (949) 450-0171
  (949) 450-0182
  

Environment Committee

The Environment Committee has adopted its goals for 2002. The new goals are now available in the Members Only section of calmining.org.

Celite Mine Tour

The Environment Committee tour of the Celite Mine in Lompoc is a great chance to see a diatomaceous earth mining and processing operation. Come see why your beer is clear, not cloudy. Not on the Committee? That’s ok. You are invited to sign up for this July 31 tour by contacting CMA.

Speakers Wanted

The California Mining Association prides itself on providing cutting edge educational opportunites for our members. The Annual Conference is just one example of this. Others planned for 2002 include:

September 18th, 2002 - What's Up With Water III, Ontario, CA
What's up with Water is CMA's one day seminar that covers breaking trends and issues dealing with water issues. Speakers at the event include regulators, consultants and operators sharing their experience andknowledge.

November 13, 2002 - Safety Seminar, Ontario, CA
Mine operators deal with a wide array of challenging safety issues each and every day. If you would be interested in speaking and providing the benefits of your knowledge in this area please let us know.

If you are a professional and would be interested in speaking at a CMA event in 2002 we have the upcoming opportunities. Please contact CMA Staff for submission guidelines.

CMEF Teacher Conferences

Space is still available and sponsorships are still needed for June 27-28 CMEF Teachers conference in Los Altos Hills and Augus 8-9 conference in San Diego. Click here for details.

Minerals Baby: 2002 Model

Every American born last year will need 3.6 million pounds of minerals, metals and fuels mined to maintain a standard of living during a 76.9 year life span.

These facts are mined annually by the Minerals Information Institute from figures provided by the US Geological Survey and Energy Information Administration.

• Wrapping up a "Solid Rock" Winner
• Applause for Award Winners
• Boxer Bill Adds New Wilderness
• Non Point Discharge Court Ruling
• Viceroy Patents Challenged
• Coalition Takes On SB 1828
• Mineral Baby: 2002 Model

High-caliber planning and presentations kept attendance at the max concentrating on safety, technology and regulatory issues and on communication skills– whether it was with employees or in a crisis.

Prestigious opening speakers were President of the National Mining Association Jack Gerard, Chief Operating Officer Charles Hawkins III, National Stone, Sand and Gravel Association, and Urban Planner Bill Ziebron.

A super-current Homeland Security Session highlighted Breakfast with Government Officials. Next a how-to presentation steered through a rocky communication course in "The First Golden Hour of a Crisis.”

Networking and leisure were packaged at a Northgate Golf Club tournament and a lively and hilarious introduction to the “Compleat Works of William Shakespeare (abridged)” at the Annual Banquet.

Applause for Award Winners

At the conference, CMA has the opportunity to recognize individuals and companies for demonstrating a responsibility to Modern Mining through their actions and commitment to mining in California.

Winners are:

• 2002 President’s Award to Douglas W. Sprague, Vulcan Materials Co., Western Division, for outstanding dedication to the mission and goals of the Association and diligent commitment to preservation of the mining industry.
• 2002 John Tooker Spirit of Mining Award to Barbara Stewart for respect for the industry, concern for colleagues and a patient and thoughtful approach to her work.
• 2002 Community Service Award to Teichert Aggregates for an environmental project involving local students in hands-on preservation and restoration work on the Coon Creek in Placer County.
• 2002 Safety Awards for performance in 2001 to: Vulcan Materials Co., San Emidio Plant; Teichert Aggregates, Woodland Plant; California Portland Cement Co., Mojave Plant, and Viceroy Gold Corporation.
  
• 2002 Excellence in Reclamation Awards to Vulcan Materials Morongo Project, which reached consensus with and met needs of the Native American Tribe in the area, and to Homestake Mining for innovation and environmental stewardship in permitting, building and operating McLaughlin Mine. Honorable Mention was given for reclamation planning to Lehigh Pacific Southwest Cement’s Gray Rocks Quarry.

Industry Impact: The bill introduced by Sen. Barbara Boxer would set aside 2.5 million acres for wilderness in California stretching over 77different areas from Siskiyou in the north to Carrizo Gorge in the south (an area larger than Rhode Island and Delaware combined). Mining would not be permitted in the new area. Click here to see a map of proposed wilderness areas.
CMA Action: The Association Federal Lands Subcommittee is currently analyzing potential impacts from the bill on mineral resources availability. Executive Director Denise Jones says industry will “be doing its best” to identify any currently known deposits in the new wilderness and identify them to the Senator and her staff for protection.

California’s mining industry is seriously concerned the SB 2535 wilderness proposal could forever block development of viable sources of strategic minerals.

“While we understand the need to protect sensitive areas from development,” says Jones, “we are also committed to ensuring that the nation maintain workable sources of critical minerals in these uncertain times.”

The Association is also skeptical about considering a new wilderness proposal “when the dust has barely settled” on implementation of the California Desert Conservation Act and on a relevant lawsuit.

“It seems questionable whether the agency will have resources to administer new lands that total about 2.4 percent of the entire state,” according to the executive director. Click here to link to bill.

Non Point Discharge Court Ruling

Industry Impact: A June 4 Ninth Circuit Court decision in Pronsolino v. Nastri held that states are required by Section 303(d) of the Clean Water Act to list and prepare Total Maximum Daily Loads for impaired water bodies impacted solely by non point discharges.
CMA Action: The Association will be watching this issue closely. It's uncertain how mining operators may be directly affected. The case may provide further impetus for regulators to tighten controls on non point sources, particularly to preserve federal program funding.

Katharine Wagner of Downey Brand, Seymour & Rohwer notes that the municipal sewage treatment plant interests who filed amicus briefs supporting EPA in this action clearly hope that such tighter controls will, in turn, take pressure off point sources discharging into other types of listed waters.

However, the case does not provide direct federal authority for citizen suits or permit requirements to be imposed on nonpoint sources. Implementation of the TMDL’s through non point source controls would be up to the states, and California officials have already indicated their intent to regulate under their own authority,

Wagner said, "The critical issue not addressed in this case is whether implementation plans must require assurances that non point sources will be controlled, thus indirectly forcing greater restrictions on those sources."

The Circuit Court “Pronsolino” decision upheld the Northern District of California court opinion that even non point source-only impaired water should be listed on the Clean Water Act 303 (d) list. This will require Total Maximum Daily Loads.

The lawsuit challenged EPA authority to impose TMDLs on rivers polluted only by non point sources and sought a determination of whether the Act authorized the Garcia River TMDL. The court found that EPA did not exceed its statutory authority in establishing the Garcia River TMDL, even though the river is polluted only by non point sources. Click here to see the complete Ninth Circuit Court decision.

Viceroy Patents Challenged

Industry Impact: Viceroy Gold is a company long recognized in biodiversity news for responsible practices. Still, after a decade, environmentalists are challenging new Viceroy patents in the area.

Legal applications filed by Viceroy Gold Corporation in 1989 and 1992 for lode and millsite patents are being protested by three environmental organizations as violating the 1872 Mining Law. Mine General Manager Bob Zaebst says the company regrets a protest has been filed and describes the application process as ”very long” and costly to prove validity of the claims.

“The mine has been a good corporate citizen and represents a resource for gold,” he added. “A valuable mineral deposit still exists there.” Patents will give Viceroy land tenure so that work can proceed if economically feasible.

During its operation, Castle Mountain Mine has received the Bureau of Land Management “Health of the Lands” award and a CMA “Excellence in Reclamation” award. Viceroy has also assisted The Nature Conservancy in creating a 150,000-acre Desert Tortoise preserve and purchased 745 acres of prime tortoise habitat for BLM.

The California BLM says the applications are “properly filed, processed” and currently under review by the Solicitor’s office in the capital. Viceroy counsel is reviewing the protests and will prepare a response, Zaebst said.

Coalition Takes on SB 1828

Industry Impact: This bill gives Native American tribes veto authority over any CEQA permit project by declaring the site “sacred.” Legislation appears to be designed to kill the Glamis Gold Imperial Project. Click here to link to the bill
CMA Action: A coalition of business groups has been established to address the bill. Members and interested individuals are urged to submit opposition letters to Assembly Committee on Natural Resources. Click here to download a letter to be faxed on your stationery to the the Committee's Chair, The Honorable Howard Wayne.

Coalition opposition to SB 1828 (Burton) is raising significant questions about the bill’s constitutionality and a potential for abuse of land-use decisions statewide.

While letters to legislators from an 18-member group assembled by CMA express general agreement that Native American resources demand careful consideration, they suggest that CEQA mandates already provide for sufficient review. Other objections focus on both federal and state constitution prohibitions against “taking” of private property and a possible delegation of state police powers by giving decision-making to a third party.

Additional concerns address giving unrestricted authority to tribes to stop any project by declaring a site “sacred”—but without supporting evidence. A third-party veto authority -- not limited to Native American property -- could extend to all private and public lands in the state.

The bill is out of the Senate and into the Assembly with some minor amendments.

Backstreet Boy -- Expert on Mining?
Denise M. Jones, CMA Executive Director

Richardson was billed as an expert witness. I looked, but its hard to find out what expertise he has. Even the Subcommittee couldn’t come up with a resume on him. Richardson’s credentials are that he grew up in Kentucky, created his own environmental foundation and participated in two trips where he flew over some coal operations with an environmental group. According to fan clubs, he was born on Oct. 3, 1971, in Lexington, Ky. His eyes are a bluish-green, he is a Libra and his fans call him Kev or Kevy-Kev, or Pumpkin. His favorite colors are blue, black and purple.

His environmental foundation, Just Within Reach, website page is full of photos of Richardson and his wife, but not much information on environmental issues. He created his foundation because "whether you live on a dairy farm or in the middle of a big city, you are always surrounded by nature." In his testimony Richardson said, "I am not a scientist, but I know what I've seen in flights over the coal fields."

Lieberman sure knows how to pick an expert on the Clean Water Act. Let’s get this expert to a California Mining Association Environment Committee meeting; Ben Licari would eat him alive. Just ask Pumpkin what an ARNI is; but I digress.

The hearing room was packed for his testimony and the throng of teenaged girls burst into applause when he finished. Herein lies the biggest problem: those star struck teens are now convinced (thanks to Sen. Lieberman) that mining is basically evil.

These teens were not told by Richardson that it takes 4 tons of coal to produce the energy needed to hold one rock concert at an indoor venue. He did not mention that when he flew over the coalfields he gazed through silica glass windows in a plane constructed with steel, aluminum, titanium, chrome, copper and zinc, or that the glossy magazines that feature his band are coated in clay. He didn’t tell these girls that the cells phones they use are powered by batteries made of lead and cadmium. And the bedroom walls where they hang his latest posters are made from gypsum.

When his limousine drove away from Capitol Hill he probably didn’t think about the concrete made from limestone he was driving on. And when he brushed his pearly white teeth with kaolin paste before the hearing he probably gave no thought to the Clean Water Act. I am not sure if he has gold-filled cavities but he certainly has no problem adorning himself with jewelry made of silver, turquoise, emeralds or diamonds.

The Backstreet Boys have already made a choice. They do not want to live in the Stone Age without MTV. They want their live concerts and their internet websites. And they want it without cost, or impact or messiness.

The shame is that Congress lauds them for this attitude. Ohio Senator George Voinovich’s boycott of the hearing was the right thing to do. He was quoted as saying "It's just a joke to think that this witness can provide members of the United States Senate with information on important geological and water-quality issues."

Next time lets hope the Senate decides that the issue of responsible mineral development is at least important enough to find someone, anyone, besides a 30 year old Libra, nicknamed Kevy-Kev.