Desert Survivors Issues for March, 2003
Desert Survivors Issues
This Months DS Issues written by Li Miao
Mail To: miao@smccd.net
-----Original Message-----
From: Li Miao [mailto:miao@smccd.net]
Sent: Friday, March 07, 2003 7:46 PM
To: Li Miao
Subject: Desert Survivors Issues Group Minutes - Mar.3rd
Dear Desert Survivor:
We had another informative issues group meeting last Monday, discussing mining and off-road vehicle issues. While you must be experiencing data and email overload, I encourage you to find some salient points that would inspire you to write a letter to the state mining board. A recent D.S. trip to Panamint Valley gave me a close look at how destructive gold mining practices can be, destroying mountains, creating vast open pits, poisoning waterways with cyanide, encroaching on Native American sacred lands. These new rules are one step in correcting some of the negligent practices of mining companies. While the comment period has officially been extended to April 1st, you may want to get your letters in to Sacramento before the March 13th hearing. Talking points are listed at the end of this email. Steve Tabor’s earlier letter also makes several points commending the board for the proposed new regulations.
To those who have recently joined this list, welcome! It’s exciting to see this network grow. Like monetary inflation, the current Administration continues robbing us of the inherent value of our environmental resources. Let’s do what we can to preserve what we care about.
The next meeting is Saturday, April 5th, at Merle Norman’s house. Please
let me know what you’d like to see on the agenda. Regards,
Li Miao
Issues group coordinator
P.S. Please forgive the email formatting if it makes the document appear even longer than it is.
Desert Survivors Issues Group Meeting Minutes
March 3, 2003
Li Miao’s place in Daly City
Eight in attendance
TOPIC I:
BACKFILL REGULATIONS FOR CALIFORNIA OPEN-PIT MINES
MORE LETTERS NEEDED
At the February Issues meeting the group came up with talking points for a letter to the State Mining and Geology Board supporting the permanent adoption of backfill requirements for all new open pits metallic mines in California.
Steve Tabor sent the letter for DS on 2/10/03. DS members are still encouraged to write in support of those changes. This is still extremely important and the information is repeated at the end of this report.
The official comment period for these regulations extends until April 1st.
MARCH 13TH HEARING IN SACRAMENTO
A hearing will be held in Sacramento on March 13th and several DS members along with other environmental representatives will be attending and testifying. The miners will be out in force both trying to scuttle the regulations and/or amending them to exempt the Briggs Mine’s potential new open pits in Panamint Valley. Your letters and your presence will be helpful. Contact Bob Ellis at bobellisds@earthlink.net if you want to attend.
MORE PUBLICITY NEEDED
Most people do not know that California now has the most protective mining reclamation requirements in the nation. This is due to the December temporary passage of the complete backfill regulations. Part of our job is to let other conservation groups and individuals know so they can add their support to get these rules made permanent. We are concerned that the Governor and his appointed board members may not follow through on final passage if they do not hear from enough folks who want their public lands fully restored.
GLAMIS MINE SACRED LANDS RECLAMATION BILL - SB22
Bob Ellis reported on state legislature activity to pass a special bill requiring complete backfill for any open pit mine constructed in a California Desert ACEC within one mile of identified sacred lands. It has already passed the Senate and on Monday 3/3 it passed the Assembly Natural Resources Committee. It will no doubt pass in the Assembly within the next month. If it passes with a 2/3rds vote it takes effect immediately and will require that the Glamis Mine only be backfilled if constructed. Our concern is that with Glamis protected, the Governor may pull back on his current support for the regulations, which will apply, to ALL NEW OPEN PITS STATEWIDE. We will have to watch this closely.
Letters to the Governor couldn’t hurt; give him support for leading the way in environmental protection for mined lands.
TOPIC II:
ALGODONES DUNES PLANT PROTECTION AND OHV MANAGEMENT
OHV LAWSUIT REQUESTS DELISTING OF THREATENED DUNES PLANT Li Miao reported on a story that the American Sand Association (ASA - website: www.glamisonline.org ) has filed suit against the US Fish and Wildlife Service asking them to act upon ASA’s petition to delist the Pearson’s milkvetch, a threatened species living on the dunes. The middle third of the huge open-to-OHV Algodones or Imperial Dunes was temporarily closed two years ago as part of the lawsuit settlement between the BLM and the Center for Biological Diversity, Sierra Club, and PEER. The ASA hired their own botanist to survey the plants in a wet spring and found a large number of them. This report is the basis of the delisting petition.
NO ACTION LIKELY IN NEAR FUTURE
Because of chronic under funding, the US Fish and Wildlife Service does not have the staff to perform their responsibilities of listing new sensitive plants and animals or monitoring already listed plants and animals. No new plant or animal has been listed by them for the past fifteen years without a lawsuit having been filed, usually by conservation organizations. This is the same with critical habitat designations as well as any delisting petitions. They just go to court and are told by judges what to do. At this point they are so far behind it is not likely that this new petition will be acted on soon. When it is, botanists will be submitting material showing that the ongoing studies have not been carried on long enough to determine that the milkvetch populations are safe to be delisted. We will be following this issue through regular updates from the Center For Biological Diversity whose website keeps this topic current.
http://www.biologicaldiversity.org/swcbd/goldenstate/cdca/algodones.html
If the above URL is too long, just go the main page and follow the menus.
CURRENT CLOSED DUNES AREA WORTH PROTECTING
Bob Ellis reported on a two-day backpack he and Ingrid made in December with the Center for Biological Diversity. They hiked across the closed dunes area from west to east, camping in a large dune basin in the center. No OHV trespassers or tracks were present, the feeling of remoteness was special and the vast sand landscape and endemic dune plants really confirmed our desire to protect this habitat.
We saw only one milkvetch, a large one in bloom, over the twelve-mile dune hike. We saw sand food, dune daisies,
dune buckwheat, and other big sand plants. Get yourself down there.
BLM DUNE OHV MANAGEMENT
For at least three years the BLM has been attempting to complete a new
Algondones Dunes Management Plan. First it was focused upon the rowdy
crowds impacting the popular areas. Then the milkvetch closure occurred and a revised draft plan was issued. But it failed to include any alternative to continue the closed area in favor of the threatened plants. Perhaps realizing this weakness, the BLM has stalled in issuing a Final Dunes Management Plan. They are certain to be sued one way or the other on the plant protection issue. Meanwhile they have been pouring millions of dollars into huge law enforcement efforts to try to keep OHV users in line. They have so far refused to entertain the idea that restrictions must be placed upon the numbers of people using vehicles on the dunes. No resolution of this issue is near. We can hope that the economic downturn might lessen the ability of OHVers to purchase more equipment for this activity, but it seems to keep growing.
WHAT TO DO
Letters to the BLM expressing concern about the impacts of too many OHV users are in order. Too much money is being spent on law enforcement efforts. The lands continue to suffer.
Mike Pool, State Director
Bureau of Land Management
California State Office
2800 Cottage Way, Suite W-1834
Sacramento, CA 95825-1886
NEXT MEETING
In line with the alternate Monday/Saturday schedule, the next meeting will be Saturday April 5th in the East Bay - Mark your calendars - details to follow.
Minutes taken by Bob Ellis
TALKING POINTS:
LETTERS RE: NEW MINING REGULATIONS
I. The board should be commended for the following:
a) One important provision requires that any “wildlife habitat” or “open space” reclamation must be done in such a way as to “return the site as nearly as possible to its original wildlife habitat or open space condition”. The creation of new and different habitat is not to be the goal of reclamation.
b) The new regulations also state that, “Financial assurances must be maintained in an amount sufficient to provide for the backfilling and contour grading of the mined lands as required in this section.” Too often in the past, financial assurances have been meager, and the taxpayers have had to foot the bill for reclamation after the miners abandon their claims. This is an especially important provision.
II. The following recommendations should be made:
a) The permanent regulations should apply to the expansion of existing mines as well as new operations. The emergency rules that are currently in effect only apply to new mining operations. Ask the board to include mining operations from ‘amended reclamation plans’ as well.
b) Our group objected to only one of the provisions listed, the decision to exclude mining of the base metals (copper, lead and zinc) from the regulations. The reason given for this seems flimsy: “These metals most likely are not found in deposits in California that economically are recoverable by surface mining techniques.” However, if any mines are dug in the future, then the regulations SHOULD apply. Copper, lead and zinc should be included under these revised regulations.
Here are addresses to send copies to:
Governor Gray Davis
State Capitol Building
Sacramento, CA 95814
Phone: 916-445-2841
Fax: 916-445-4633
Mary Nichols, Secretary
Resources Agency
1416 Ninth Street, Suite 1311
Sacramento, CA 95814
(916) 653-5656
Darryl W. Young, Director
California Department of Conservation
801 K Street, MS 24-01
Sacramento, CA 95814
(916) 322-1080
State Mining and Geology Board
Department of Conservation
801 K Street, MS 24-05
Sacramento, CA 95814
phone: (916) 322-1082 facsimile: (916) 445-0738
e-mail: smgb@consrv.ca.gov