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Experience Chair of Downey Brand's Land Use Group and Former Chair of the firm's Minerals and Energy Group. Worked on numerous mining and public land projects over the years on issues such as mine permitting; due diligence review for mine purchases/sales; mining lease and sale agreements; mine title issues; hazardous materials and hazardous waste issues (business plans, and compliance); California Surface Mining and Reclamation Act (SMARA) reclamation plans, permits, annual filings, compliance, and DOC appeal issues. Also worked on Bureau of Land Management (BLM) and Forest Service plans of operation, final reclamation compliance, inspections, and annual filing requirements; road and utility rights-of-ways; State Lands Commission exploration permit and mining leases, school land issues and title settlement agreements; stream alteration (1603)/wetlands (404 and 401) permits; waste discharge requirements; endangered species act permits (2081 and 2090, sections 7 and 10a); wildlife mortality issues; private mineral ownership disputes; federal mining claim patent applications, title issues, and contest actions; and California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) review of EIRs, EIS', negative declarations and EA/FONSI's. Experience with mining issues involving numerous counties (including the county planning and environmental health departments), the California Division of Mines and Geology, the California State Lands Commission, the U.S. Forest Service, the U.S. Bureau of Indian Affairs, and the U.S. Bureau of Land Management. He also has extensive experience with the U.S. Fish and Wildlife Service, the California Department of Fish and Game, several Regional Water Quality Control Boards, and the U.S. Army Corps of Engineers. Experience includes working on underground, open pit, in-stream, and quarry mines involving gold, talc, clay, limestone, marble, gypsum, hectorite, garnet, iron, geothermal, lightweight aggregate, silica, soda ash, tourmaline, decomposed granite, sand and gravel, and crushed rock mines, involving over 122 different mine sites. Projects that he has worked on include, but are not limited to: Aggregate Aggregate mine located in Riverside County (SMARA annual reports and compliance issues, mining lease, BLM plan of operation amendments, and mining claim title issues, 1989-1994); Three Kern County aggregate mines (CEQA negative declaration review and SMARA permitting for aggregate mine approved 1993, annual SMARA compliance,1991-present, 404 permit, 1995, mining claim sales, 1997, and reclamation plans, 1996-1999); Broadwell Basin Hazardous Waste Repository located in San Bernardino County (BLM material sales agreement, SMARA, and CEQA/NEPA repository (316 acre) and supporting aggregate (360 acre) and clay (230 acre) mines, approved 1993); Two aggregate mines located in Riverside and San Diego counties (BIA lease issues, 1991-1992); Five aggregate mines located in San Bernardino and Riverside counties (due diligence review for purchaser of large regional aggregate company, 1991); Summit Valley Materials (CEQA and SMARA work for proposed rock mine, 1992); Aggregate mine located in Riverside County (reviewed mining permit and reclamation plan and negotiated SMARA vested rights with county, 1993, permitting strategy issues, 1997); Large regional aggregate producer with six mine sites in San Bernardino and Riverside counties (extensive due diligence work for purchaser, endangered species issues and CEQA review and CEQA opposition to MWD water pipeline, 1993-1994); Sigma Stone Company (State Lands Commission lease issue for rock mine located in San Bernardino County, 1994-1995 and 2000); In stream aggregate mines located in Sonoma County (reclamation issues, 1995); Aggregate mine located in Tulare County (mineral reservation litigation, 1995); Aggregate mine located in Marin County (asbestos compliance issue, 1995-1996); Sand mine processing site in Sacramento County (permitting/CEQA issues, 1995, wetlands issues, 1996); Burton 's Ready-Mix in San Bernardino County (Forest Service and BLM patent and contest issues, 1995-1996); Aggregate property landowner representation, Cache Creek, Yolo County (mining lease/sale and land use issues, 1995-1999); Quarry property involving gold and aggregate in El Dorado County (acquisition agreement and permitting issues, 1995-1996); Cattle rancher representation, Sacramento County (aggregate lease issues, 1996); State Lands Commission matter for rock mine in Lassen County (lease issue, 1996); Landowner representation in Sacramento County (aggregate mining property, 1996); Flood control association in Sacramento County (SMARA issues with the State Mining and Geology Board, 1996-1997); Aggregate mine located in Yuba County (vested rights, endangered species, wetlands, SMARA and use permit, and Cal-OSHA issues 1996-2002); Large aggregate company, worked on mines located in the Sacramento and Yolo counties (air quality, land use permitting and SMARA issues, 1996-1997); Landowner of property in Fresno County (SMARA and mineral zone issues, 1997); Aggregate company, three mines, both sand and gravel and granite, located in Tulare County (easement, mine permitting, ESA and CEQA issues, 1996-1999); Bay area aggregate company (instream and endangered species issues, 1997); Company with three mines in San Benito County and Monterey County (SMARA, 404 and use permit issues, 1997-2005); Decorative stone company in Santa Barbara County (SMARA and SMGB appeal issues, 1997); Farmer representation in Contra Costa County (sand mining lease, 1997); Large corporate landowner in Southern California for property in San Bernardino County (aggregate mining leases, 1996-1999); Sand mining company, Sacramento and Solano counties (CDFG 1603 issues, 1997); Large aggregate company, mines located in Ventura County, Santa Barbara County, Kern County, Monterey County and Riverside County (404, 1603, mine permitting and SMARA issues, 1997-2003); State Lands Commission surface title issues in San Diego County (1998-2000); Sand mines in Tulare County (Mining lease, 2000); Large aggregate company, sites located in Sacramento County, Fresno County, Tulare County, and Los Angeles County (due diligence, and mine expansion permitting, 1997-present); Large aggregate company aggregate mines in Placer, San Joaquin, Monterey , Tulare and Fresno counties (CEQA, Corps and ESA issues, new mine and mine expansion permitting, 1999-present); Aggregate mine in Imperial County (vested rights, general plan, Corps, and ESA issues, 2005); Small aggregate mine in Imperial County (BLM material, sales contract and right-of-way, ESA issues, 2004-2005); Hard rock quarry in Mendocino County (CUP expansion permitting, 2005); and Sand Mines in Santa Cruz and Monterey counties (SMARA and ESA issues, 2004-2005). Industrial Minerals Underground colemanite mine located in Inyo County (permitting issues, 1989); Limestone mine located in San Bernardino County (NEPA review for limestone mine, 1990); Three talc mines located in Inyo and San Bernardino counties (final reclamation, 1993-1994); Large limestone mine located in San Bernardino County (CEQA/NEPA negative declaration, SMARA, CDFG and Forest Service permitting for limestone mine expansion, approved negative declaration 1992, additional expansion permitting work, ESA permits, and 1603/404/401 permits, 1991-1994); Limestone mine facility located in San Bernardino County (endangered species issue, 1993-1994); Eagle Mountain Landfill (landfill and final reclamation plan for iron mine, approved 1992, 1991-1992); Proposed marble mine located in San Bernardino County (wilderness study area issues, 1993); Proposed boric acid mine located in San Bernardino County (CEQA/NEPA EIR/EIS review, 1993); Large hectorite mine located in San Bernardino County (ESA Section 7 and CDFG 2081 permits, 1993-1994); Proposed marble mine located in Riverside County (review mining claim patent issue, 1994); Desert Garnet, Inc., Desert Garnet Mine located in San Bernardino County (BLM plan of operations approved 1994, right-of-way issue, 1995, SMARA issues, 1997); Due diligence and permitting work for a silica mine located in Lassen County (1995); Major geothermal facility in Sonoma County (site closure work, 1996-1998); Limestone mine located in Shasta County (SMARA, stream alteration and endangered species issues, title issues, 1996-2000); Limestone mine located in San Bernardino County (CEQA and ESA compensatory habitat issues, 1997); Limestone mine (BLM patenting issues, 1999); Underground tourmaline mine in San Diego County (mining lease, 1998-1999); Cinder mine in Inyo County (ESA/CESA, BLM and USFS permitting issues, 1999-2002); Industrial sand mine in Amador County (RWQCB permitting, 2001 and 2005); Shale mine in Amador County (SMARA, CEQA and mine permitting issues, 2002-2003); Shale mine in Shasta County (vested rights and SMARA, 2003-2004); Limestone mine in Tuolomne County (vested rights and SMARA issues, 2002-2004); Due diligence for cinder mine in Modoc County (2004); Limestone mine in Shasta County (mine expansion permitting, 2004-present); and Due diligence for limestone mine in Shasta County (2005). Precious Metals Viceroy Gold Corporation, 2,700 acre gold mine located in San Bernardino County (wildlife and endangered species permitting work, BLM plan of operation and SMARA reclamation plan, Corps nationwide permit, CEQA/NEPA review of EIR/EIS, RMPP review, SPCC plan review, mine approved 1990, power line EA approved, 1991, 1989-1994); Amax Gold, Hayden Hill Mine, Lassen County (CEQA/NEPA review of EIR/EIS and ESA issues for a 2,800 acre gold mine and related power line approved 1991, 1990-1992); Royal Mountain King Mine, Calaveras County (due diligence review for potential purchaser, 1991); Andrienne Knute, San Bernardino County (BLM surface title acquisition, 1989); Western States Minerals, Alpine County (reviewed EIS/negative declaration, 1992); Gold exploration project located in Inyo County (CEQA/NEPA negative declaration review, and BLM and State Lands Commission permits, 1993-1994); Gold exploration project located in Kern County (BLM permitting and SMARA compliance work, 1994); Gold mining project located in Inyo County (mining lease, 1994); Gold exploration project located in Riverside County (access to mining claims in wilderness area, 1995); Compliance and permitting work related to hazardous materials and reclamation violations for gold mine located in San Bernardino County (1993-1996); Due diligence work for an underground gold mine located in Nevada County (1995-1996); Permitting issues for gold exploration project located in Nevada County (1996); Gold mining lease for small project located in Sacramento County (1996); Large gold mine located in San Bernardino County (CEQA/NEPA review for 500 acre expansion, 1997); Small gold mine located in San Bernardino County (mining lease and joint venture agreement, 1997); Large gold mine located in Inyo County (BLM title review work, 1997); Underground gold mines in Sierra County (mining leases, 1998-1999); Gold dredge operation in Yuba County (SMARA issues, 1999); Mineral estate acquisition from BLM for surface owner for 7,000 acre area in CDCA (2000). Mesquite Mine located in Imperial County (ESA/CESA and CEQA/NEPA review, SMARA and use permits for expansion, 1997-2000); Underground gold mine in Amador County (ESA and CEQA permitting and litigation, 1997-2001); and Due diligence work on open pit gold mine in San Bernadino County (2004); and Gold property in Plumas County (mining claims issue, 2003-2005). MEMBERSHIPS Rocky Mountain Mineral Law Foundation, Member; Annual Site Selection Committee, Former Chair, Former Trustee American Bar Association, Section on Natural Resources, Energy and Environmental Law, Former Member; Public Lands and Land Use Committee of SONREEL, Former Vice-Chair California Construction and Industrial Materials Association (CalCIMA), Environment Committee, Member California Mining Association, General Counsel; Executive Committee, Former Member; Lands and Minerals Committee, Pat Vice-Chair; Regulatory and Permitting Subcommittee, Environment Committee, and Legislative Committee, Legal Lead Construction Materials Association of California, Environment Committee, Former Member Aggregate Producers Association of Northern California, Environment Committee, Former Member; California Endangered Species Act Reform Coalition and on the California Resources Agency Coastal Salmon Policy Committee, Former Member Association of Environmental Professionals, North Valley/Sierra Chapter, Member; Inland Empire Chapter, Former Member Building Industry Association of Superior California, Former Member; Riverside County BIA, Environment Committee, Former Member State Chamber of Commerce, Natural Resources Committee, Former Member EDUCATION University of California, Davis School of Law (J.D., 1986) California State University, Fullerton, California (B.A., 1983) PUBLICATIONS Author on numerous occasions including issues related to mining, wetlands, land use permitting, and endangered species issues including: Mineral Law Newsletter quarterly, California Reporter The Transfer Point (Newsletter of the Central Valley Rock, Sand & Gravel Association), Mineral Rights and Wrongs, July/August 1999 , Author Construction Materials Association of California newsletter The Status of 1603 Agreements, April 1999 , Author The Transfer Point (Newsletter of the Central Valley Rock, Sand & Gravel Association), Attorney Fees to Defendants in CEQA Actions, Dec. 1997, Author The Transfer Point (Newsletter of the Central Valley Rock, Sand & Gravel Association), Appellate Court Reverses Use of 2081 Permits; Status of Pending Supreme Court Review and Legislation, June 1997, Author The Transfer Point (Newsletter of the Central Valley Rock, Sand & Gravel Association), Update on DOC Flood Control Exemption, December 1996, Author The Transfer Point (Newsletter of the Central Valley Rock, Sand & Gravel Association), "Army Corps Nationwide Permits and Department of Conservation Flood Control Exemption", August 1996, Author The Transfer Point (Newsletter of the Central Valley Rock, Sand & Gravel Association), "The Status of ESA and CESA Reform," October 1995, Author PRESENTATIONS A presenter on numerous occasions including issues related to mining, wetlands, land use permitting, and endangered species issues including: Construction Materials Association of California, Annual Meeting, "Top 10 List for Permitting Issues for Today's Aggregate Mines," 2005, Presenter 19th and 18th Annual Mining Institute, American Assn. of Professional Landmen, Federal Mining Law Update 2002 and 2003, Presenter California Mining Association Permitting Seminar, Reclamation Plans vs. CUP's; What is Operational and What is Reclamation? 2002, Presenter 47th Annual Rocky Mountain Mineral Law Institute, Aggregate Mining: Acquisition of Minerals, Mineral Reservations, and Other Mysteries, Santa Fe, N.M., 2001, Presenter 46th Annual Rocky Mountain Mineral Law Institute, Chair of the Mining Section, Vancouver, B.C., 2000, Presenter California Mining Association Annual Meeting, Mine Crisis Response Panel, 2000, Presenter 16th Annual Mining Institute, American Assn. of Professional Landmen, Federal Mining Law Update, 2000, Presenter Construction Materials Assn. of California , Government Conference, Due Diligence - What You Don't Know Can Hurt You, 2000, Presenter American Assn. of Professional Landmen , Federal Mining Law Update, 15 th Annual Mining Institute, 1999, Presenter California Mining Assn. Annual Meeting, Mining in the Mother Lode 1849 to 1999," 1999, Presenter U.C. Riverside 2 nd Annual ESA Symposium, Laws Regarding Endangered Plants, 1998, Presenter American Association of Professional Landmen, 14th Annual Mining & Geothermal Institute, Mining Law Update, 1998, Presenter 43rd Annual Rocky Mountain Mineral Law Institute, Federal Mining Law Update, 1997, Presenter 13th Annual Mining & Geothermal Institute, American Association of Professional Landmen, Federal Legislative, Regulatory and Case Law Developments Regarding Mining, 1997, Presenter Central Valley Rock, Sand & Gravel Association Annual Meeting, Wetlands and Wildlife Permitting Panel, 1997, Panelist California Mining Association annual meeting, "Current Developments Regarding CESA and ESA, April 1996, Presenter; California Mining Review magazine article, 1996, Author Sacramento County Bar, Environmental Law Section, "California Mining and the Environment 1845-1995," 1995, Presenter U.C. Davis Extension Course, Advanced CEQA Seminar, "Defining The Environmental Baseline for Existing Projects," 1995 , Presenter Association of Environmental Professionals, North Valley/Sierra Chapter," California Endangered Species Act Reform," 1995, Panelist Downey Brand LLP, Development and the Environment: Issues of the 90's seminar, "Endangered Species and Development - Project Permitting Approaches and Recent Cases," 1995, Presenter U.C. Davis Extension Course, Advanced CEQA Seminar, "Preparation of Joint NEPA/CEQA Documents," 1995, Panelist Sacramento Valley Landowners Association, Annual Meeting, "Permitting Requirements for Levee Improvements," 1995, Presenter Public Land and Mining Disputes Mediation Panel at SONREEL, Eighth Annual Conference on "Developments and Trends in Public Land and Mining Law," 1994, Panelist 37 Rocky Mountain Mineral Law Institute 7-1,"Mining Operations and Wildlife: Mutually Compatible or Irreconcilable Differences?" 1991, Presenter Nevada Society of CPA's Annual Mining Taxation and Financial Reporting Conference, "Permitting a Mine in the Environmental Climate of California," 1990, Co-speaker.
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