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What is SMARA?
SMARA is an acronym
for the Surface Mining and Reclamation
Act of 1975. SMARA was enacted by the
California Legislature to address the
need for a continuing supply of mineral
resources, and to prevent or minimize
the negative impacts of surface mining
to public health, property and the
environment.
Who administers
SMARA at the State level?
The Department of
Conservation's Office of Mine
Reclamation (OMR) and the
State Mining
and Geology Board (SMGB) are jointly
charged with ensuring proper
administration of the Act's
requirements. The SMGB promulgates
regulations to clarify and interpret the
Act's provisions, and also serves as a
policy and appeals board. The OMR
provides an ongoing technical assistance
program for lead agencies and operators,
maintains a database of mine locations
and operational information statewide,
and is responsible for compliance
related matters.
What is Mined-Land
Reclamation?
The process of
reclamation includes maintaining water
and air quality, minimizing flooding,
erosion and damage to wildlife and
aquatic habitats caused by surface
mining. The final step in this process
is often topsoil replacement and
revegetation with suitable plant
species.
The following are
examples of successful reclamation
projects:
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One mining company
in Ventura County reclaimed its mining
pit to a strawberry field.
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A gravel extraction
area at Mississippi Bar in Sacramento
County was returned to a riparian
(water) wildlife habitat.
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An aggregate mine
on agricultural land in Yolo County
operates in four phases. The intent is
that not more than 95 acres is out of
agricultural production at any time
during the project's life.
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Other mined lands
have been reclaimed to grazing and
production of crops such as alfalfa,
corn, grapes and tomatoes.
Who is subject to
SMARA?
The Act's
requirements apply to anyone, including
government agencies, engaged in surface
mining operations in California
(including those on federally managed
lands) which disturb more than one acre
or remove more than 1,000 cubic yards of
material. This includes, but is not
limited to: prospecting and exploratory
activities, dredging and quarrying,
streambed skimming, borrow pitting, and
the stockpiling of mined materials.
What is the application of SMARA to
mines on Federal Lands?
By way of a
Memorandum of Understanding between the
Department of Conservation, the Bureau
of Land Management (BLM), and the U.S.
Forest Service (USFS), have agreed that
the statutes and regulations of SMARA
are applicable to lands regulated by BLM
and the USFS. Under the terms of the
agreement, the local lead agency remains
the lead agency and has the main
responsibility to enforce the
requirements of SMARA.
The lead agency works cooperatively with
the federal agencies to assure that the
requirements of the local ordinances,
state statutes and regulations and
federal requirements are met.
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Lead agency status cannot be delegated to the federal
agency.
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The local lead agency must require and approve (after
review by the Department of Conservation) a reclamation plan and financial
assurances. (Lead agencies may accept operation plans, reclamation plans and
environmental studies that meet BLM and USFS, provided they meet the
requirements of SMARA.)
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The financial assurances must be payable to the appropriate
federal agency, as well as to the lead agency and the Department of
Conservation.
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The local lead agency retains responsibility for annual
inspections.
For the mine operator:
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Mining claims with the appropriate federal agency,
and claim maintenance fees are still required.
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Mine operators are still required to submit annual
reports and annual reporting fees to the Department of Conservation.
How is SMARA
Implemented?
City and county "lead
agencies" adopt ordinances for land use
permitting and reclamation procedures
which provide the regulatory framework
under which local mining and reclamation
activities are conducted. The State
Mining and Geology Board (SMGB) reviews
these lead agency ordinances to
determine whether each ordinance meets
or exceeds the California surface mining
and reclamation procedures established
pursuant to SMARA. If the SMGB
determines that a lead agency is not in
compliance with SMARA, the SMGB has the
authority to exercise any of the powers
of that lead agency with respect to
surface mining and reclamation, except
for permitting authority. The SMGB
promulgates regulations to clarify and
interpret the SMARA's provisions, and
also serves as a policy and appeals
board.
When can mining
begin?
Lead agency approval
of a mining permit, a plan for returning
the land to a usable condition which is
readily adaptable for alternal land use
(known as a "reclamation plan"), and
financial assurances to guarantee costs
for reclamation, are required prior to
initiating mining activities. Pursuant
to PRC §2207(d)(6), new mining
operations must also file an initial
report with the OMR.
SMARA
lead agencies review applications for
permits and/or reclamation plans (or
amendments thereto), submit reclamation
plans and financial assurances to the
State for technical review and comment
prior to approval, annually review
financial assurances, annually inspect
mining operations for compliance, and
take enforcement actions where
necessary.
What is the role
of the mining operator?
Mining operators are
responsible for the preparation and
submission of reclamation plans and
financial assurances for reclamation to
the lead agency. Annual reporting to
both the State and the lead agency on
the status of mining and reclamation
activities, annual updates of financial
assurances, and annual inspections (to
be conducted under the auspices of the
lead agency), are required. Following
completion of mining activities, and in
accordance with the approved reclamation
plan and relevant permit conditions,
mining operators return mined lands to a
second, productive use. Examples of
post-mining uses may include, but are
not limited to, open space, wildlife
habitat, agricultural lands, grazing,
park lands, and preparing the land for
industrial or commercial uses.
What types of
financial assurances may be used to
guarantee reclamation?
Financial assurances
may take the form of surety bonds,
irrevocable letters of credit or trust
funds, and must be accessible by the
lead agency of the State in cases of
mine abandonment. The SMGB may, by
regulation, authorize alternative
financial assurance mechanisms. While
additional forms of financial assurance
mechanisms have not yet been extended to
mining operators, governmental entities
have been authorized to utilize pledges
of revenue or budget set-asides.
What happens if an
agency does not have a certified
ordinance?
In the absence of a
certified lead agency SMARA ordinance,
the SMGB may review and approve
reclamation plans. Any such plans would
not be subject to later modification by
the permitting agency; however,
administrative jurisdiction may be
regained once a SMARA ordinance has been
certified by the SMGB.
Who should I
contact for more information?
For permitting or
enforcement questions, contact your lead
agency. For unresolved questions
regarding enforcement activities, or
questions regarding annual mine
reporting, reclamation technical
assistance, or general information,
contact the
Office of Mine Reclamation.
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