COMMENT

Kudos are in order all around for long hours and diligence invested in a grassroots campaign to help defeat SB 1828. It was a hard-earned big win. Congrats!

Warning:
Keep batteries charged for the next round. Sister bill SB 483 survives as stepchild SMGB regulation (See “SMGB will vote…” story below).

Gov. Davis has directed the SMGB to pursue the goals of SB 483 (signed but inoperative because it was joined to SB1828 which Davis vetoed) including mandatory backfilling for metal mines. He also expressed concern about the Glamis project and disclosed a direction to the Secretary of Resources to pursue “all possible legal and administrative remedies” that will assist in halting the mine’s development.

Wondering What Happened to a Bill You Were Following???

Stay Alert: Asbestos ATCM Now in Effect

The asbestos ATCM for surface mining operations statewide goes into full effect Nov.19, 2002. Pre-existing operations with onsite asbestos were to file a plan with their APCO by Sept. 19.

A lawsuit has been filed on the ATCM rule but has been stayed, with the agreement of both parties, pending outcome of an appeal of the decision on asbestos for surface mining operations. While effective currently, it is possible the ATCM rule may be repealed by judicial action in future.

Barbara Bennett Stewart, former CMA executive assistant who joined the organization staff in the 1970s, died recently after a long battle with cancer at the age of 62.

Mrs. Stewart was only the second staff person hired by the CMA. She supervised the Association’s move to Sacramento from CMA’s first office in Jackson. During her many years as a member of CMA staff, Stewart actively represented the industry with legislators and regulators, often filling in between tenures of CMA executive directors. She received many mining industry awards, most recently the John Tooker Spirit of Mining Award from CMA for her contributions to the mining industry. She was instrumental in developing the California Mining Education Foundation and in organizing the first annual Teachers’ Meetings.

A resident of Jackson in Amador County for many years, she was also active as an event consultant to the mining industry. Mrs. Stewart is survived by her husband of 11 years, Arch Stewart, and by eight children, six stepchildren and 32 grandchildren.

Regulatory approaches to reducing diesel particulate PM emissions from stationary diesel-fueled engines was explored at a CARB public workshop Nov. 19, 9:30 a.m.-12 noon at Cal/EPA Headquarters in Sacramento.

The CARB staff is inviting input into proposed and revised regulatory draft language for ATCMs for new and in-use stationary engines.

Holmes Safety Assoc. Meetings: Dec. 10 and Dec. 12

TXI Riverside Cement and MSHA are holding “Introductory Holmes Safety Assoc.” meetings to determine interest in starting a Holmes Safety Council in the area. This is a non-profit organization of government, mining organizations and labor. For more information or to RSVP,
e-mail Diane Fionda dfionda@txi.com.

CMA Safety Seminar: ‘All You Needed to Know’

If you attended the successful CMA 2002 Safety Seminar recently in Sacramento, you went home with all the facts that supervisors and managers need to know.

Maybe it was news about Part 46 that provides new flexibility in training to those governed by the regulation (Steve Hopkins, Vulcan Materials Western Division). Or how to comply with new HAZCOM requirements, new to MSHA this year (Cole Wist, Patton Boggs). Or all you need to know about liability and MSHA’s statutory legal requirements (Mark Savit, Patton Boggs). It added up to a comprehensive, well-received and useful information package.

Resources Tour Says ‘Thank You, CMA’

Assemblyman Dave Cogdill expressed thanks for CMA’s donation of educational materials to the 2002 Sierra Nevada Natural Resources Tour in Tuolumne and Mariposa Counties. Visits to industries dependent on the Sierra’s underutilized resources and viewing the effects of fire on managed and unmanaged forests were on the agenda as were talks by experts in industry, government and academia.

Executive Committee Wraps Up 2002

In its 2002 Policy Summary, the CMA Executive Committee includes a wrap-up of this year’s priority issues and identifies some key issues for 2003. Among them is an expected proposal designed to give Native American “Sacred Sites” protection on private and federal lands.

Members Only: Click here to see the full text of the 2002 Policy Summary

Call for Annual Conference Papers

Papers on mining related topics for the 2003 Annual Conference in San Diego on May 21-23 are now being accepted by the CMA.

To submit a proposal, please respond by Dec.13 to Stephanie Pridmore by clicking here to access the form. If you are unable to access the form send a request by e-mail to have it faxed.

Members UrgedTo Support CMEF

Board members of the California Mineral Education Foundation are asking members to invest in the future of the industry by contributing to the foundation’s annual fundraising effort.

Foundation programs promote understanding of the role minerals play in everyday lives and provide a valuable information link between industry, educators and the public.

Click here to access the contribution form on website www.calmineraled.org.

Victory Bell for SB 1828 Veto
But… SMGB Will Vote on Backfilling
CMA Sees Flaws in Carbonate Analysis
BLM Cleans Up Mercury Mine Sites
CMA Staff Assumes New Role
BLM Honors Denise Jones
Lehigh Tour Is a Winner

Victory Bell for SB 1828 Veto

Industry Impact: It relieves not only mining but all potential development statewide from the threat of legislation that would give Native American tribes veto authority over any CEQA project simply by declaring that it would impact a “sacred site.”
CMA Action: Opposition effort was forceful, focused and united. This victorious grassroots accomplishment was led by the PR efforts of Glamis Gold, Ltd. and California Portland Cement Company. Effective lobbying support was provided by Dick DeVoto, president of Canyon Resources and Chris Eckert of CR Briggs in a final "educate the legislature" volley. And it worked.

Governor Davis in his veto message generally agrees with the industry position but also expresses willingness to work with proponents on a measure next session that “adequately addresses the problem.”

The governor “fully supports” the goal of protecting sacred sites but calls SB 1828 a “flawed attempt to do that.” At the heart of the bill is a list of sites maintained by the Native American Heritage Commission. The list not only excluded some tribes but could also become over-inclusive by allowing any site to be placed on the list by anyone "no matter the level of evidence” of sacred status.

The governor also identifies the bill as “highly controversial” in giving Native Americans influence in the CEQA process that “no other party, agency or governmental body now has.” He questions the need to use CEQA to protect sacred sites and suggests existing law relating to that protection on public lands might serve as a framework for protection on private lands.

SMGB Will Vote on Mandatory Backfilling at Dec. 12 Meeting

Industry Impact: A mandatory backfilling provision for metal mines requested by the California Resources Agency has serious implications for environmental and legal impacts and raises long term industry policy concerns, as well as a prospect of unconstitutionality. If the SMGB adopts such a regulation, it will be an expansion of its regulatory authority beyond what industry has traditionally believed SMARA granted.
CMA Action: CMA presented the industry’s case over technical and legal issues at the SMGB’s Nov. 14 meeting. A member alert has been issued to the Permitting and Regulatory Subcomittee and interested members to determine a strategy and action agenda before the December meeting.

The State Mining and Geology Board has placed a 30-day notice of intent to adopt a regulation providing for mandatory backfilling and recontouring of open pit surface mine excavations.

Board discussion at the November meeting indicated the SMGB will likely pass some form of the draft regulation at its Dec. 12, 2002 meeting, according to John Miles, US Pumice, Permitting and Regulatory Subcommittee Chair.

Adoption of the backfilling provision would actually implement the goals of SB 483 (which died when Gov. Davis vetoed SB 1828) as a regulation and without a change in the law. Findings by the EPA and National Academy of Sciences indicate that backfilling may harm the environment in some instances and should be evaluated on a case-by-case basis.

CMA's Adam Harper suggests mandatory backfilling would unconstitutionally infringe on property rights without compensation, as supported by past court decisions, and would establish a precedent that could lead to backfilling for all mines.

CMA Sees Flaws in Carbonate Analysis

Industry Impact: The analysis underestimates potential lost mining acreage from critical habitat designation, as well as costs associated with loss of future mining opportunities. It errs in concluding that current cement consumption rates will rise and spur an increase in imported cement “likely to be readily available at competitive prices.”
CMA Action: An Association response to a Federal Fish & Wildlife Service economic analysis of San Bernardino Carbonate Plants urges FWS to use caution in designating Critical Habitat areas in order to soften impacts on existing mining operations.

Association Manager Adam Harper suggests that with local plants operating at capacity -- and with “an abundance of untapped raw material” -- mining operations would make every effort to increase capacity to meet demand at a lower cost than that of imported materials.

The Association is critical of the FWS analysis for failing to take into account the potential for increased costs of product importation. In addition, the analysis should include the possibility of local plants doubling or tripling existing capacity and exporting excess product to other markets.

Click here for CMA's full response to the Fish & Wildlife Service

BLM Cleans Up Mercury Mine Sites

Industry Impact: The BLM has initiated cleanup of a number of small but high risk mercury mine/mill sites on federal land.
CMA Action: The Association applauds that effort as efficient and cost-effective.

California BLM launched a program in 2000 that has generated cleanup and restoration of six orphaned mercury mine/mill sites on federal land in the 50,000-acre Pajaro and Panoche-San Luis Reservoir Watershed in San Benito County.

All six mines, “simplistic mining technologies of the early 1900s,” had elevated mercury concentrations in the soil and are located on BLM land. Three are in subwatersheds that drain into San Joaquin Valley. Three others ultimately drain into Monterey Bay. It is an area popular with off-highway vehicle users and recreationists exploring a network of historic mine roads and trails.

The implementation plan called for encapsulating equipment and mining waste rock in geologically stable areas, recontouring, revegetating and limiting public use in restored areas. Costs ranged from $3,500 - $17,400. The BLM remediation strategy calls for limited public access, with OHV not allowed on restored areas but access for camping, hiking and OHV use permitted outside the areas.

For details: see the BLM website for details on all six sites.

CMA Staff Assumes New Role

California Mining Association president Mike McGath announced in a report to members that a new style of management has been adopted for the CMA which puts staff at the helm.

"The Executive Committee considered several options for managing the Association,” McGath reports of the period following the departure of Executive Director Denise Jones. “Ultimately, it was decided that the best way to ensure CMA remains the strong and active champion of our members’ rights within the legislative and regulatory process was with our existing staff.”

Based on the Executive Committee management decision, Adam Harper has been promoted to Association Manager and will continue to lead Association efforts in regulatory and legislative fields. He will also assume administrative oversight and management responsibilities for all aspects of CMA.

Stephanie Pridmore will take the position of Administrator and continue to coordinate the Annual Conference and committee meetings and will also manage financial and administrative tasks.

The president reported that the Association would use the Coalition of Mineral Associations to continue to develop consensus positions for the industry and will hold joint meetings to allow memberships to interact.

BLM Honors Denise Jones

Former Association Executive Director Denise Jones’ significant contributions to mining were formally recognized by the BLM when State Director Michael Pool presented her with a handsome plaque during a recent tour of Homestake’s McLaughlin Mine.

The visit focused on details of the McLaughlin Mine Site Reclamation Program and formation of the Blue Ridge Berryessa Natural Area Conservation and Partnership. Emphasis was on the education value of the site and its importance in reclamation as a University of California preserve.

Representatives of BLM present to congratulate Jones on her award included BLM Deputy Director for Energy and Mineral Resources Richard Grabowski and Branch Chief, Energy and Mineral Resources LeRoy Mohorich and Jim Pickering.

The Blue Ridge/Berryessa Natural Area Conservation Partnership grew out of Homestake’s efforts to assure a productive and compatible use of its McLaughlin Mine site and surrounding company lands once gold production ceased. With UC and the Land Trust of Napa County, the company established the 7,000-acre Donald and Sylvia McLaughlin Reserve prompting broad interest in coordinating conservation of the entire region and formation of the Blue Ridge/Berryessa Partnership.

Lehigh Tour is a Winner

A cement quarry and production facility perched high above Lake Shasta and nudging a National Recreation Area?

That surprising site description fits Lehigh Southwest Cement Company outside Redding in Northern California. The mountaintop mine hosted a recent tour for Environment Committee members and guests, who enjoyed scenic views of Shasta Lake on their visit to Lehigh’s Grey Rocks quarry and production arena.

Aside from offering a visit with impressive vistas, the mine officials led a discussion on the unusually wide range of challenges it has confronted in complying with national environmental regulations apart from those for the mine operation itself. Lehigh officials also reported on recent approval of a 50-year reclamation plan.

Environmental Committee Chairman Ben Licari, Graniterock, would like to thank Dave Brown, Resource Design Technology, who sponsored the tour’s grilled steak luncheon.

Environment Committee members met at the Redding Holiday Inn for a business session highlighted by a wrap up of the year’s activities and information on major issues tracked during 2002. Agenda items ranged from Endangered Species Issues and the ESA Reform Project to legislation and the SB 1828 veto, a threat of mandatory backfilling, the Boxer Wilderness Proposal and the EPA Environmental Justice Initiative & Precautionary Principle.

Members Only: Click here for the complete agenda and draft minutes.