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SMARA prohibits surface mining operations in California without the operator first obtaining lead agency approval of a reclamation plan and submitting financial assurances sufficient to reclaim the site in accordance with the reclamation plan.  SMARA 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.

SMARA lead agency responsibilites include the review of permit applications and/or reclamation plans (or amendments thereto); the submitlal of reclamation plans and financial assurances to the State for technical review and comment prior to approval; annual review of financial assurances; annual inspections of mining operations for compliance; and enforcement actions where necessary. 

The Office of Mine Reclamation periodically publishes a list of mines complying with and regulated under SMARA.  This list is generally referred to as the AB3098 List, in reference to the 1992 legislation, that established it.  Sections 10295.5 and 20676 of the Public Contract Code preclude mining operations that are not on the AB3098 List from selling sand, gravel, aggregates or other mined materials to state or local agencies.
In some cases, a lead agency may not have the resources, time, staff and/or expertise to implement the requirements of SMARA.  PMC staff has experience with many jurisdictions throughout California providing assistance in meeting their lead agency responsibilities under SMARA.

What We Offer

SMARA Expertise

PMC provides a full range of SMARA compliance related services.  PMC assists lead agencies to ensure compliance with SMARA lead agency responsibilities including such tasks as review of current entitlements, review of financial assurances and annual reports, mine inspections, and report preparation and submittal to the Office of Mine Reclamation.

PMC personnel have many years of lead agency experience and are uniquely qualified to understand not only the technical issues but the big picture of mining in California. Depending on a jurisdiction’s desires and needs, PMC personnel can either train staff, provide lead agency assistance or, can perform all of the lead agency’s SMARA responsibilities.

In addition, PMC’s SMARA Group personnel have all completed SMARA training from the Office of Mine Reclamation (OMR) and Hazard Recognition Training from the Mine Hazard Safety Administration (MSHA). PMC personnel are trained and certified to enter mine sites and perform inspections in a safe and efficient manner. 

Permit Processing and Implementation

PMC personnel can take applications for new mines through the use permit and reclamation permit processes.  PMC analyzes proposals for compliance with state and local regulations, writes staff reports, prepares the environmental documents, and takes the projects through the entitlement process. Successful mine reclamation depends on maintaining good lines of communication between the consultant, the lead agency, and OMR.  PMC understands that achieving compliance with SMARA requirements involves sensitivity to the mine operators’ perspective of operational and reclamation issues.  Key team members have extensive experience working at the local level to achieve compliance in a changing regulatory environment.  PMC also understands that mining operators with limited resources sometimes require guidance to develop creative solutions to achieve compliance with permit conditions and SMARA requirements.

Review of Financial Assurances

Financial assurances are required to be reviewed and adjusted annually by the lead agency to determine adequacy based on annual changes in the amount of land that is subject to reclamation and changes to reclamation costs.  SMARA requires that the financial assurances be adjusted annually and submitted to the lead agency for review and approval prior to submittring them to the Office of Mine Reclamation fort their review and approval.  The adjustments account for new lands disturbed, inflation and for reclamation of lands accomplished in accordance with the approved reclamation plan (PRC 2773.1(a)(3).

PMC reviews the current financial assurances for mine sites for consistency with the provisions of SMARA and with the requirements of the approved reclamation plans.  This includes a review to determine the solvency of the bond, letter of credit or cash surety.  For bonds, PMC verifies the financial strength of the surety companies issuing the financial assurance mechanism.  PMC also verifies that each of the issuers of financial assurances is approved by the Department of Conservation – Office of Mine Reclamation.

Annual Inspections

In performing annual inspections, PMC inspects mine sites at least once in any calendar year, and within six months of the lead agency’s receipt of the surface mining operations report submitted by the operator pursuant to Public Resources Code Section 2207.  PMC inspects for compliance with the reclamation plan, conformance with use permit conditions, and checks for any environmental or safety issues that would have to be addressed by the lead agency.  Additionally, PMC personnel conduct subsequent inspections on those mine sites where deficiencies or violations were noted to verify any corrections.   

Preparation of Annual Inspection Reports

After completing each inspection, PMC personnel prepares and submits on behalf of the lead agency, the Annual Inspection Report utilizing the Department of Conservation – Office of Mine Reclamation’s form MRRC-1, noting PMC’s findings of the inspection.  Copies of the report are also submitted to the lead agency for its files and to the mine operators for their submittal to the State.  In addition, PMC also provides a detailed explanation of each of the inspection points required by form MRRC-1.  PMC can also prepare a written recommendation regarding the release of or adjustments to the financial assurances based on the site conditions observed during the field inspection.

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