California’s State Mining and Geology Board had a busy 2017 with ongoing rulemakings to implement SMARA reform enacted in 2016.  The Board’s 2018 will be busy and one to closely watch too, in particular, because the Board plans to address the unintended environmental consequences created by the adoption fifteen years ago of what is known as the “Backfill Regulation.”

For those who fled California in the wake of the Backfill Regulation, here’s a quick refresher on why you packed your bags and haven’t returned.  The Backfill Regulation has two key requirements for open pit metallic mineral mines.  First, the regulation requires all open pit excavations to be backfilled to the original surface elevation.  Second, any excess material must be graded with the resulting topography not to exceed the pre-mining surface elevation by more than 25 feet.

Overall, the Backfill Regulation has been bad news for the California mining industry and the environment as explained in this February 2016 Update on the Regulatory Environment for Metallic Mines in California.  In a nutshell, the Backfill Regulation requires moving material twice (increasing GHG emissions), fails to address the proper storage and handling of waste materials (jeopardizing water quality), and can cause greater ground disturbances (impacting habitat for sensitive species).Continue Reading California Mining Board to Address Environmental Problems Created by Backfill Regulation Affecting Gold and Other Metallic Mineral Mines

True to his word, Governor Jerry Brown signed two bills, AB 1142 and SB 209, into law on Monday to reform California’s Surface Mining and Reclamation Act (SMARA).  Now, before getting too excited, keep in mind that the new laws are nowhere near the “top to bottom” reform called for by Brown in 2013.  Local control with state oversight still remains at the heart of SMARA.  However, the new laws will have some real impacts on operators and lead agencies during inspections and state-review of reclamation plans and financial assurances.  The most significant reforms include:

New Name but No Changes in Responsibilities

The Office of Mine Reclamation (OMR) will be renamed the “Division of Mine Reclamation” and the Director of OMR will be the “Supervisor of Mine Reclamation.”  Despite a new name and title, the oversight role and responsibility of the renamed Division of Mine Reclamation and Supervisor of Mine Reclamation remain very much the same as before this reform.

Reform Is Expensive

Maximum annual fees imposed on operators will increase from $4,000 to $6,000 in 2017 to $8,000 in 2018 and to $10,000 starting in 2019.

Reclamation Plan Contents Clarified

The new laws clarified the required contents of reclamation plans for new surface mining operations.  The most significant change requires all engineering, geologist, or land surveyor related maps, diagrams or calculations to include a signature and seal from a California-licensed professional.  This has long been the policy of OMR, based on a policy adopted by the State Mining and Geology Board; however, that policy was never formally adopted through a rule making process applicable to all mines.  As a result, the policy frequently caused confusion as to its applicability during OMR’s review process for reclamation plans.
Continue Reading New Laws Reform California’s Surface Mining and Reclamation Act