|
Industry Honors Denise Jones:
Hail and Farewell
Denise Jones has devoted her considerable strengths in persuasion, organization and strategic skills to the mining industry for nearly a decade as executive director of California Mining Association. On Aug. 21, CMA responded with an invitation to members and guests to celebrate Jones’ service to industry and to say farewell on her retirement.
Comedian Jack Gallagher, who entertained at the event, called hers a “Mid Life Achievement.” Jones calls it an irresistible urge to spend more time with the Jones girls. One look at a photograph of this beguiling pair—Lindsey, 3, and Bailey, 5—and it's clear why family time gets top billing.
Mike McGath, CMA president, emceed the dinner event and was joined by other executives in reminiscences of the regulatory battlefield and several wins. McGath added later a strong commendation for Jones as a “very, very strong executive director, who kept members abreast of regulations and legislation that might adversely affect us and directed the right response.”
Douglas Sprague, Vulcan Materials Western Division, paid tribute at the dinner, as did Ben Licari with Graniterock and Carolyn Loder, Vulcan Materials, Western Division. John Miles, U.S. Pumice, said he had the honor of offering her the position as executive director as a member of the selection committee. In fact, many CMA members claimed credit for hiring her which, as Jack Gallagher noted, is the surest sign of success.
Sprague said:“I heard that in interviews for the CMA executive director position, she was way ahead of the pack. She brought energy, ideas and enthusiasm to the job. “Denise had a double major -- theater and government. On the theatrical side, she will be a hard act to follow.”
Jones came to the demanding position with impressive qualifications. Formerly, she was special assistant to the director of California Department of Conservation in Sacramento. As a consultant to the Desert Conservation Institute, she coordinated activities of this educational project of the California mining industry to ensure continued access to mineral resources in the California desert.
A graduate of St. Lawrence University in New York, Jones received honors for scholarship, theatrical and leadership activities and completed her honors thesis on political theater—a subject she would encounter again as legislative assistant to two United States senators.
(Denise Jones will be writing her own impressions of 10 years with CMA elsewhere in the newsletter.)
SB 1828 Targets Metal Mining
Industry Impact: New sections requiring backfilling of metallic mines in the California Desert Conservation Area were added to SB 1828 (Burton). Backfilling would apply to Class L and Class C lands within the California Desert Conservation Area. The resulting bill would not only shut down potential projects statewide, it would effectively ban any new metallic mining in the California Desert Conservation Area.
CMA Action: CMA responded vigorously in opposition, with Dick DeVoto, president of Canyon Resources, and Chris Eckert, CR Briggs, joining Executive Director Denise Jones in a week-long effort to seek changes. Unfortunately, it was unsuccessful, and SB 1828 (Burton) and a trailer bill, SB 483 (Sher) are on the governor’s desk. The CMA will keep members informed.
A coalition of 30 business, industry, farming, utilities and labor organizations is working statewide to pressure the governor for a veto on the bill that gives Native American tribes broad new authority to block development on sacred sites. There are no reliable definitions of wh at constitutes such a site, a California Chamber of Commerce release points out.
A project on a “sacred site” cannot proceed unless there are “overriding” environmental, safety or public health benefits. Few projects could clear these hurdles.
The legislation allows any California Native American to list a site as sacred by filling out a one-page form available from the state’s Native American Heritage Commission. The commission and its four-member staff have amassed an inventory of 1,500 sacred sites, although only about 300 on the confidential list are purported to be spiritually significant. In 15 years, no proposed site has been rejected, according to the commission's executive secretary.
Considering the historical ranges of many tribes, SB 1828 could potentially impact public and private development and infrastructure statewide. Tribes must be notified of any projects proposed within 20 miles of a reservation. (However, the impacts of the bill are not limited to this 20-mile radius.) The coalition questions why mineral production is “inexplicably singled out” and subjected to a completely different definition of “sacred site” unless the goal is to ban metal mining on certain federal lands.
SMGB Accepts Coalition Input on Inspections
Industry Impact: In a significant decision, the SMGB accepted industry-proposed changes to Inspection Guidelines, helping to ensure inspectors focus on SMARA issues and not overstep their limits of authority.
CMA Action:CMA Environment Committee Chair Ben Licari, utilizing his experience as a past Board member and knowledge of SMARA, crafted a balanced revision of the proposed guidelines in coordination with members from CMAC, SCRPA and CMA. The Coalition of Mining Associations authorized Licari to represent the industry on this issue at their July 24th meeting in Sacramento.
The SMGB guidelines being developed are for use by DOC/SMGB staff when conducting inspections where the Board has lead agency authority. While most in industry agreed it was an appropriate outline for a local lead agency with use permit authority, it did not recognize that when the State assumes lead agency authority, it does so for purposes of SMARA only.
The coalition comments focused narrowly on this point, suggesting strikeouts of references to Conditional Use Permits and deleting small sections regulated by other state agencies. As Licari noted, “Our issue wasn’t that these items shouldn’t be inspected; the question was, by whom?”
SMGB Chairman Allen Jones and Brian Baca, Chairman of the Surface Mining Standards Committee, led the discussion on this issue at the Sept. 12 Board meeting. Jones noted he understood the concern that inspections under the guidelines might proceed outside the limits of authority.
“In a perfect world, staff changes might be appropriate,” Jones noted, “ but it has been my experience that this authority can easily be abused.” The Board directed staff to incorporate the majority of industry-suggested changes in a final document for adoption at the SMGB’s November meeting.
The decision restored new confidence in the Board from an industry that had begun to feel ignored on key policy issues. Licari noted, “I think we have seen what happens when industry comments as one, presenting well defined and narrow adjustments to items. I applaud the SMGB for their insight and careful consideration.
SMGB Set to Implement One Mine One Reclamation Plan Regulation
Industry Impact: The state is one step closer to a “one mine-one reclamation plan” mining regulation. It has been submitted to the Office of Administrative Law (OAL) by the SMGB. While the full impact is not known, CMA expects that over the next several years multiple operations will be forced to revise reclamation plans at a potential cost of several hundred thousand dollars per site. These costs will be passed on to the consumer, likely resulting in an increased cost of raw materials such as aggregate which will increase the cost of infrastructure improvements.
CMA Action: The CMA and industry worked diligently with the Board to get kinks out of the proposal. However, with the exception of a very few clarifications and limited exceptions, the Board pursued its plan.
The SMGB has submitted to OAL its Final Statement of Reasons on 3502 reclamation regulations ending a two-year process of consultation and consideration. If the proposal is accepted, as expected, it will become binding by Nov. 3 of this year. (Click here to see the FSOR’s.)
Proposed is a requirement for one reclamation plan per mine identification with limited exceptions. It contains many ambiguities of great concern. For example, a change in a proposed end date may be considered a “substantial deviation” requiring a new reclamation plan. This provision fails to account for market-based fluctuations which may alter the anticipated life of a mine. A mine with two plans presently is grandfathered but, if substantial changes occur, a new unified plan will be needed.
The board adopted the proposal unanimously at its July meeting.
Stay Alert on Asbestos
Industry Impact: No impacts are expected on current members from implementation of the Asbestos Airborne Toxic Control Measure (ATCM) for surface mining and construction operations adopted by the California Air Resources Board (CARB) effective Nov. 19, 2002. Be warned that members should stay alert and track issues and resulting adoptions from Local Air Pollution Control Officers.
CMA Action: CRRNOS has filed suit on the regulation. However, the suit has been stayed pending outcome of the appeal on the “asbestos for surfacing applications” ATCM. As a result, CARB and local air districts will continue with implementation. Members are encouraged to contact Adam Harper at CMA with any questions about the ATCM. The Association will continue to monitor issues and provide needed updates.
Quarries and surface mines are covered by the Asbestos Airborne Toxic Control Measure approved by CARB in July of last year.
Regulations apply to operations in an area where naturally-occurring asbestos is likely to be found and identified on Department of Conservation map as “ultramafic rock units,” or if owners or operators are aware of the presence of ultramafic rock, serpentine or naturally-occurring asbestos.
Operators considering looking at developing new mines will want to check if identified sites fall in an ultramafic rock unit. It would also be advisable to conduct an assessment for the presence of ultramafic rock or serpentenite at a proposed facility. This would determine if it were subject to regulations, even if outside an identified unit.
Quarries and surface mines that fall within the regulation must obtain district approval for an asbestos dust mitigation plan addressing specific emission sources. Operations must also comply with opacity standards for specified equipment and ensure no emissions are visible crossing a property line.
Vulcan and Jimmy Stewart
Industry Impact: A“star” award for Vulcan shines a message from an industry committed to community participation and support.
CMA Action: Applause.
Vulcan Materials Company walked in the footsteps of a legendary actor recently in accepting a Jimmy Stewart “Good Turn” Award from Boy Scouts of America. It was in recognition for “exemplary commitment to community service and scouting” and was presented by San Gabriel Valley Council Boy Scouts of America.
One of the highest of Boy Scouts of America honors, the “Good Turn” award recognizes a business or individual for commitment to scouting principles. It is named after the late actor, who was a member of Scout Troop 15 in his hometown of Indiana, Pennsylvania. He received a Distinguished Scouter Award in 1980.
According to San Gabriel Valley Council, Vulcan Materials was chosen because of its reputation as “a good communitarian” for making ongoing efforts to be a socially responsible member of the community. Almost 200 were present to applaud a new star in the industrial community and to hear Vulcan's Vice President Resources Steve Cortner accept the “Jimmy Stewart” award. President Jim Smack was also present.
BLM Backs Mine in Suit
Industry Impact: A Federal District Court sets a positive precedent in ruling that BLM may intervene in a lawsuit involving mining on federal land in Los Angeles County.
CMA Action: The Association recognizes that this is a precedential case that members will want to watch closely. CMA will be tracking the case and keeping members informed.
A Federal District Court ruling granting the Department of Justice the right to intervene in the lawsuit between CEMEX INC. and Los Angeles Countyis winning significant industry approval. The decision was announced Sept. 9 in the Los Angeles court and won a ringing endorsement from CEMEX and the BLM, which is seeking to ensure the ability to manage its mineral program nationwide.
The intervention request was spurred by the recent Los Angeles County denial of a state permit for a sand and gravel project involving federally-owned minerals in Soledad Canyon northeast of Los Angeles. CEMEX Inc. was awarded contracts by BLM in 1990 authorizing the mining of 56 million tons of sand and gravel over a 20-year period for a minimum payment of $28 million.
A permit application requested by CEMEX in May, 1991, was denied by the Board of Supervisors in April of 2002. CEMEX filed suit in January of this year alleging unnecessary delay by the county and amended the suit in May based on the permit denial.
“CEMEX recognizes how unusual it is for the United States to intervene as a plaintiff in litigation with a local government,” said attorney Kerry Shapiro. He is with the Baker & McKenzie firm representing CEMEX. “I cannot recall any recent time when the United States government and Department of Justice intervened in backing a private mining operation.”
“What the government is beginning to recognize,” he said, “is that a decision for Los Angeles could severely impact an ability to manage mineral reserves on public land.”
The government intervention filing is based on a legal doctrine of “preemption.” In this case, it means the county can require reasonable mitigation measures for a federally-approved project but does not have authority to “unreasonably delay or deny” it. The next step in the legal process is discovery and depositions which will occupy several months, Shapiro said. He does not expect a trial date until sometime next year.
Environment Committee, August 2002
Directions for action from Chair Ben Licari, Graniterock, at the August meeting ranged from potential legal activity to SMGB guidelines to the West Mojave Plan.
Chris Eckert, CR Briggs, Fish and Wildlife Subcommittee Chair, sounded an alert on the treatment of several species. He suggested there might be concern about Townsend’s Big Ear Bats and Big Horn sheep.
Mineral withdrawal because of the Carbonate Plant Plan may also stir up some worries. The subcommittee was asked to determine if commenting on the plan was necessary to address mineral withdrawal.
Aaron Johnston-Karas, Graniterock, Chair of the Water & Waste Subcommittee led a brief discussion on EPA’s proposed Effluent Limitation Guidance for Construction and Development. He reported it could have significant impacts for mines undertaking major construction. The subcommittee will contact the Associated General Contractors about joining its response on the rule.
The Abandoned Mines Subcommittee discussion targeted HR 4075 (Udall), noting that while the bill did not grant Good Samaritan protection to mining companies, it may be a good first step to obtaining protection. Licari noted that the financing mechanism seemed reasonable and encouraged members to review the bill carefully.
Licari led a discussion of SMGB inspection guidelines for the state—when it is acting as lead agency—and suggested they were appropriate for county inspection format. However, the state inspection format looked at several areas outside its jurisdiction. Members agreed that CMA should comment on the proposal to be heard at the SMGB board meeting in September. Staff and the Permitting and Regulatory Subcommittee members were asked to identify potential changes to the guidelines for submittal.
David Moser, Bingham McCutcheon, Environment Committee Counsel and Denise Jones updated the committee on the El Dorado County litigation now in its fifth year. An opening has been filed in the court of appeals, and the Department of Conservation appeal has not yet been presented. Jones said her solicitation of contributions from non-members to support the legal effort had met with some success.
Members were urged to attend the Oct. 16 tour of the Lehigh Southwest Cement operation in Redding preceding the Oct. 17 Environment Committee meeting. Click here for a registration form.
Menbers click here to see the draft minutes of the August meeting
Denise Jones' says farewell
The recent Environment Committee tour of Celite’s diatomaceous earth mine near Lompoc seemed most appropriate for one of my last official site visits. It was over a decade ago, while I was serving as the Executive Officer, that the State Mining and Geology Board approved the reclamation plan for the mine. To see the reclamation nearing completion was immensely satisfying. Tremendous work has been done by the company and their reclamation professionals to comply with both the letter and the spirit of their reclamation plan requirements. Their work has not been easy as they faced changing company ownership, skeptics who said their plan wouldn’t work, ever changing regulatory requirements and intense public scrutiny.
But seeing the vision implemented at this site brought me full circle – as it was a reminder of the hard work that all responsible California mining companies do on a daily basis. To think that I may have made a modest contribution to that success is humbling. It was a comforting moment to enjoy as I head into my mid-life ‘retirement’.
As I think about the future, it is my hope for this industry that collectively all companies will make a stronger commitment to unite -- to embrace their similarities and diminish the differences between producer types, size of company or geographic location. Too often we let our detractors achieve victory because of a perceived lack of unity. This perception can only be eliminated if California’s mineral producers stand together.
My work for California’s mining industry this past decade has been challenging but extremely rewarding and I am proud to be a California Miner. I have learned much and laughed often and I am internal grateful. I know that our paths will cross in the future.
To say farewell, I can only quote William Shakespeare, “We can no other answer make but thanks, and thanks and ever thanks”.
|
