Surface Mining and Reclamation Act

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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

In Friends of the Kings River v. County of Fresno, No. F068818 (Cal. Ct. App. 5th Dist., Dec. 8, 2014), the Fifth Appellate District upheld Fresno County’s (County) approval of the Carmelita Mine and Reclamation Project (Project) in 2012.  The Project includes a proposed aggregate mine and related processing plants on a 1,500-acre site located approximately 15 miles east of the City of Fresno.  Stoel Rives attorneys Tom Henry and Michael Sherman represented the applicant, Colony Land Company, L.P., during the approval process with the County.

This decision is important because: (1) the County was not required to mitigate the loss of farmland with agricultural conservation easements (ACEs); and (2) the Court addressed the scope of the State Mining and Geology Board’s (SMGB) authority to review reclamation plans on appeal.
Continue Reading Fresno County Aggregate Mine Fends Off Court Challenge

SB 1270, sponsored by State Senator Fran Pavley (D-Agoura Hills), survived the Senate Committee on Natural Resources and Water on April 29, 2014 by a 7-2 vote.  Some additional amendments were made yesterday, May 7, 2014.  Last year the Legislature passed SB 447, which, as discussed in our October 1, 2013 post, modified the Office…

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