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SACRAMENTO -- The
State Mining and Geology Board has
relieved El Dorado County of its lead
agency responsibilities under
California's Surface Mining and
Reclamation Act. The Board ruled that
the county has failed to adequately
implement and enforce SMARA, which is
designed to protect the interests and
safety of its citizens.
The Board issued a "45-Day Notice to
Correct Deficiencies" to the county on
April 12. During a public hearing in El
Dorado Hills on June 14, the Board
determined that El Dorado County had
failed to address numerous violations at
Weber Creek Quarry, Diamond Quarry,
Chile Bar Slate Mine and Eureka Slate
Mine. Under provisions of the Public
Resources Code, the State Mining and
Geology Board assumed lead agency
authority for administrating SMARA in
the county.
"The Board is assuming this
responsibility because the public must
be protected," SMGB Executive Officer
John Parrish said. "Assuming lead agency
status is a last resort. We have worked
long and patiently to help the county
bring all of its surface mines into
compliance with the law, but many
problems and deficiencies persist which
the county seems unable or unwilling to
address."
The SMGB has never before relieved a
lead agency of its authority in the
public's interest. The Board does,
however, have full lead agency authority
in five cities -- Chula Vista, Palm
Springs, Chino Hills, Desert Hot Springs
and American Canyon -- that don't have
mining ordinances of their own. It also
has partial lead agency authority in
Colusa County, 16 cities and in the
multi-jurisdictional San Francisco Bay
Conservation and Development Commission.
None of the dozens of mines in those
locales have closed or violated
provisions of SMARA during the Board's
tenure as lead agency. The Board had
full or partial lead agency status in 47
locales in the mid-1990s.
“We prefer to have local authority serve
as lead agency for SMARA,” Parrish said.
“The Board has returned local authority
to lead agency status more than 20 times
in the last five years.”
The State Mining and Geology Board
received complaints about various
problems at surface mines from El Dorado
County citizens starting in November of
1996. More than 300 residents signed
petitions asking the Board to intercede
because of inaction on the part of local
authorities.
"We were urged by very frustrated
residents to take a look at the county's
enforcement of SMARA," Parrish said. "It
was very much a grass-roots movement.
While we haven't heard that volume of
public outcry elsewhere, we have
received appeals to review the efforts
of some other lead agencies around the
state and may do so in the future."
SMARA was enacted in 1975 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.
Under SMARA, lead agencies review
applications for permits and/or
reclamation plans, 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.
In March 2000, the State Mining and
Geology Board assumed El Dorado County's
authority to conduct inspections after
issuing a 45-Day Notice to Correct
Deficiencies in February of 1999. The
Notice issued in April of this year
followed the completion of the Board's
annual inspections of surface mines
within the county's jurisdiction.
Among the specific violations cited by
the SMGB in relieving El Dorado County
of lead agency authority:
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The county has
taken no action over the past year to
prevent Weber Creek Quarry from
conducting mining activities and
exporting mined materials even after
the county issued a Cease and Desist
Order May 17, 2000. The county has
allowed mining operations to continue
with full knowledge that the quarry
has no approved financial assurances.
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The working face of
Weber Creek Quarry has encroached upon
neighboring parcels and has been
over-excavated to the point that the
approved reclamation plan is
inadequate.
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The county has
allowed excavation of the high walls
of Diamond Quarry to encroach upon
establish setbacks despite being
informed of violations by Department
of Conservation inspectors on April
21, 1999.
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The county has
allowed Diamond Quarry to exceed its
maximum allowable depth by at least 80
feet.
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The county has not
required the operator of Chile Bar
Slate Mine to revise the current
reclamation plan or financial
assurances in light of changing
conditions at the mine site.
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The county has not
enforced SMARA or its own ordinance by
not requiring the operator of Eureka
Slate Mine to have a reclamation plan,
financial assurances or a permit prior
to conducting mining operations.
"Many of these
deficiencies have existed for at least
the past three years, and the county is
well aware of that," Parrish said.
After three years, a hearing may be held
to determine whether to return lead
agency status to El Dorado County.
"It is our sincere hope that the State
Mining and Geology Board's assumption of
this authority is a temporary action
that will lead to permanent solutions to
problems within the county," Parrish
said.
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