SMGB IR 2007-02
Report on Backfilling of Open-Pit Metallic Mines in California -- Testa, Stephen M. & Pompy, James S.
In 2003, the State Mining and Geology Board evaluated reclamation of open-pit metallic mines in the state. With few exceptions, it was determined that open pits were not being reclaimed, despite California’s Surface Mining and Reclamation Act of 1975 (SMARA) that went into effect in 1976, and regulations were passed requiring backfilling of new open-pit metallic surface mines. This information report presents an evaluation of reclamation efforts for select open-pit metallic mines throughout the state.
SMGB IR 2007-03
A Review of the State’s Mineral Resources Management Program and its Components - Status and Effectiveness of Review Efforts -- Testa, Stephen M. & Beeby, David J.
Within the SMARA Mineral Resources Management Program are many functions, including policy development, regulation and guideline development, appeals, mine reclamation, mineral land classification and designation, and lead agency document review. This last function is the subject of this information report, and includes discussion of the overall status and effectiveness of the review process as it pertains to mining ordinances, Mineral Resources Management Policies (MRMP) and documents required pursuant to the California Environmental Quality Act (CEQA).
SMGB IR 2007-04
A Comparison of Regulatory Surface Mining Programs in the Western States -- Beeby, David J.
In 2003, a comparative study was performed of regulatory surface mining programs in thirteen Western States as compared with California’s regulatory program under the Surface Mining and Reclamation Act of 1975 (SMARA). The survey consisted of four parts: 1) a review of the “Non-coal Mineral Resources Questionnaire and Report” developed by the Interstate Mining Compact omission (IMCC), 2) a review of the United States Bureau of Land Management 1999 Environmental Impact Statement titled “Surface Management Regulations for Locatable Mineral Operations (43 CFR-3809), 3) a survey of websites of western states and 4) a review of the most recent results of the Fraser Institute Surveys of Mining Companies.
SMGB IR 2008-05
A Report on Mineral Land Classification and Designation under the Surface Mining and Reclamation Act of 1975 -- Testa, Stephen M. & Beeby, David J.
Mineral Land Classification by the California Geological Survey (CGS) and Designation by the State Mining and Geology Board (SMGB) reflect the initial steps in the exploration, development, production, use and reclamation of lands under the Surface Mining and Reclamation Act of 1975 (SMARA). The primary goal of this aspect of SMARA is to ensure that the mineral resource potential of lands in California are recognized and considered in the land-use planning process. This information report presents a summary of these two programs in regards to their respective legislative history and methodology, and also includes their current status. Recommendations, and further considerations for policy decisions, are also provided.
SMGB IR 2009-06
A Survey of Lead Agencies Affected by the Alquist-Priolo Earthquake Fault Zoning Act -- Testa, Stephen M., Bryant, William and Treiman, Jerry
The Alquist-Priolo Earthquake Fault Zoning (AP) Act prohibits the construction of most structures for human occupancy across the trace of active faults. The California Geological Survey (CGS) is responsible for establishing Earthquake Fault Zones that encompass surface traces of active faults in California. Mapping is done according to policies and criteria established by the State Mining and Geology Board (SMGB). These Earthquake Fault Zones Maps are provided to local governments for their land-use planning and decision making. There are currently 140 affected lead agencies under this Act including 36 Counties and 104 cities. In considering changes to the Act and/or SMGB’s regulations, the SMGB conducted a survey of affected lead agencies between December 2007 and September 2008. A ten-question questionnaire was forward to all 140 lead agencies. Results received were compiled and tabulated. Results and recommendations for policy considerations are provided.
SMGB IR 2010-07
A Review of Issues Pertaining to Idle Mines Under the Surface Mining and Reclamation Act - Testa, Stephen M.
The State Mining and Geology Board (SMGB) has performed a review of relevant issues pertaining to idle mines as classified under the Surface Mining and Reclamation Act of 1975 (SMARA). As of 2009, there were 1,070 reporting surface mines in California. In both 2008 and 2009, 100 mines reported as “Active” but with zero production. Statute defines these mines as “abandoned” at this point, of which 80 of these mines had no production for at least ten years. Another 66 mines reported as “Closed- No Intent to Resume” in 2009, but have not yet reclaimed. Currently, 97 mines should have an approved SMARA lead agency Interim Management Plan (IMP) but only 35 have them, and 35 lead agencies (more than 28% of all lead agencies in California) had mines that required IMPs but did not have them in place. Idle mines, are defined in SMARA, as those surface mining operations where 1) mineral production has fallen more than 90% from the previous maximum annual rate for a period of one year or more, and 2) where there is an intent to resume surface mining operations at a future date. Lead agency enforcement of the idle mine regulations is minimal. Several important issues have been identified in the classification and treatment of idle mines. A synopsis of these issues, and proposed recommendations for further consideration, are presented in this document.
SMGB IR 2012-08
Report on Survey of Lead Agencies Affected by the Surface Mining and Reclamation Act - Testa, Stephen M.
The Surface Mining and Reclamation Act (SMARA; Public Resources Code Sections 2710 et seq.) provides a comprehensive surface mining and reclamation policy for the regulation of surface mining operations. SMARA encourages the production, conservation, and protection of the State's mineral resources, and assures that adverse environmental impacts are minimized and mined lands are reclaimed to a usable condition. In evaluating ways the SMGB and Department of Conservation can better assist lead agencies affected by SMARA, the SMGB conducted a survey of affected lead agencies between December 2010 and February 2011. A ten-question questionnaire was forwarded to all 115 lead agencies. Slightly over two-thirds of the Counties, and less than one-quarter of the Cities responded to the questionnaire. Results received were compiled and tabulated. Based on responses received, lead agencies affected by SMARA could be well-served by enhancing and expanding outreach efforts toward those lead agencies affected by SMARA, commencing efforts to streamline SMARA and minimize the amount of duplicity in the SMARA program, continuing efforts implemented by OMR to tailor workshops to the specific needs of its stakeholders, encourage lead agencies that do not have sufficient resources to oversee their respective SMARA program to forfeit SMARA responsibilities and obligations to the SMGB for a minimum of three years, and explore funding sources at the State and Federal levels for outreach and education to lead agencies and the public to fulfill the intent of State policy pertaining to SMARA.
SMGB IR 2012-09
A Survey of California Surface Mining Operations: Satisfaction with Annual Mining Operation Reporting Fees - Testa, Stephen M.
Public Resources Code (PRC) Section 2207(d) requires the State Mining and Geology Board (SMGB) to impose by regulation an annual reporting fee on each active and idle surface mining operation. Active and idle surface mining operations are defined in PRC Sections 2207(f), 2714, 2727.1, 2735, and Title 14 California Code of Regulations (CCR) Section 3501. The definition includes operations conducted by public agencies. As of 2010, there are currently 1,355 mining operations subject to the reporting fee regulation. PRC Section 2207(d) states the annual fee imposed shall not be less than $100 or more than $4,000 for each operation. Statute requires that these amounts be adjusted annually for cost of living, as measured by the California Consumer Price Index. The SMGB is currently considering the equity of the current reporting fee schedule. In considering changes to the SMGB regulations, the SMGB conducted a survey of affected mining operations. An eight-question survey was conducted of all 1,355 surface mining operations during the period of December 2011 and February 2012. Changing the basis on which Annual Mine Fees are calculated, or increasing the cap for total revenues generated, was considered. Raising the single mining operation cap to about $8,000, without changing the way or basis in which the fees are calculated, or raising the total revenues generated, provided a more equitable distribution of Annual Mine Fees, and most closely addresses the intent of PRC Section 2207(d)(2).
SMGB IR 2013-10
Roles of the Engineering Geologist under the California Surface Mining and Reclamation Act (SMARA) - Arcand, Will J. and Testa, Stephen M.
Sections of California's Surface Mining and Reclamation Act (SMARA) addressing annual mine inspections, evaluations of geological and/or engineering conditions, and preparation of financial assurance cost estimates specifically mention licensed geologists or professional engineers; however, SMARA contains no explicit requirements for the services of certified engineering geologists. Engineering geologists are favorably qualified to serve both mining operators and SMARA lead agencies. Operators developing projects may reduce financial liability by retaining engineering geologists during early planning to evaluate sites for potential adverse geological conditions, and to propose feasible mitigations per SMARA's requirements. Although engineering geologists are not specifically designated to conduct activities under SMARA, current standards of practice dictate that certified engineering geologists, or similarly qualified geo-professionals, should be involved in certain surface mining and reclamation tasks.
The Surface Mining and Reclamation Act of 1975 (SMARA) requires that all lead agencies that have surface mining operations within their jurisdiction have adopted ordinances in accordance with state policy. The ordinance establishes procedures for the review and approval of reclamation plans and financial assurances, and the issuance of a permit to conduct surface mining operations. The summary table is a listing, by lead agency, of all SMARA Mining Ordinances within the State of California. It lists the specific ordinance number and its date of enactment, as well as the State Mining and Geology Board’s (SMGB) Resolution recognizing the ordinance. Some ordinances closely follow the SMGB’s Model Ordinance. Others have been modified by the lead agency to meet local needs. All, however, are consistent with the intention, as well as the specific requirements, of SMARA. This listing will be helpful to new SMARA lead agencies as they craft their own ordinances, or to current lead agencies whose ordinance may be out-of-date and need modification. The ultimate goal for the list is to convert each listing to a live link to a digital copy of each ordinance, and to follow that with a parallel listing of the Mineral Resources Management Policies from each lead agency. If, after reviewing this list, you discover your listing to be out of date, please contact the SMGB at (916) 322-1082.