Tuesday, November 7, 2017

Safety Breakfast
7:30AM – 9:00AM

Sponsor: Lehigh Hanson Region West

Mindful or Mind Full?
Terry Tyson, Lehigh Hanson Region West

Using eastern philosophies regarding awareness and focus as its foundation, the talk describes and demonstrates practical tactics to increase focus in the workplace. The talk will reference studies and practices employed by individuals and groups to help workers recognize hazards, become more aware of their surroundings, reduces conflicts, all the while promotes team building. Using actual exercises and magic and “mindreading” to illustrate several points to keep the audience engaged.

Presentation of Safety Awards

Welcome and Keynote
9:00AM – 10:00AM

Speaker TBA

Exhibitor Break
10:00AM – 10:30AM
Sponsored by Sespe Consulting, Inc.

Hunton & Williams General Session
10:30AM– 12:00PM

Environmental and Natural Resources Law in the Trump Era
Michael Mills, Stoel Rives LLP
Beth Ginsberg, Stoel Rives LLP

This presentation will examine the Trump Administration's views on environmental/natural resources law and policy, and its impact on the construction and industrial materials industries, including: (i) the Administration's vow to deconstruct the "administrative state," (ii) its re-interpretation of "federalism," as that concept is applied in federal environmental/natural resources statutes, (iii) the expansion of presidential powers through executive orders, (iv) the institution of policies promoting infrastructure and industry, and (v) the roll-back of climate change policies.
Politics vs. Reality: Which Factors Will Likely Drive MSHA’s Enforcement Narrative in 2018?
Jason Nutzman, Dinsmore & Shohl LLP 

The Trump Administration is attempting to “Make America Great Again” by stimulating a depressed coal industry and promoting large scale infrastructure projects across the country. This presentation will discuss the regulatory temperament mine operators might expect from the Trump Administration in Washington as well as the challenges mine operators may experience when politics and reality cross in terms of MSHA regulation and enforcement. 
State Water Board To Finalize New Wetland and Waters of the State Regulatory Framework
Samuel Brown, Hunton & Williams LLP
Tom Boer, Hunton & Williams LLP

The presentation will provide an overview of the State Water Resources Control Board’s (Board) recent re-proposal to implement Board Resolution No. 2008-0026 by finalizing the state-only Wetland Area Protection and Dredge and Fill Permitting Policy, which is a state rulemaking action to revise California’s wetland and waters of the state regulatory framework.  The presentation will include an update on the Board’s rulemaking effort; an examination of substantive matters in the proposal (e.g., an alternative definition of “wetland” from federal law, differing applicable standards for issuing permits authorizing work in wetlands, and the Board’s preference for “on-site and in-kind” mitigation versus off-site compensatory mitigation); how the Board’s actions align (or do not align) with the new federal two-phase WOTUS rulemaking; and, as appropriate, recommendations for how to navigate any adopted Board regulations.  Board staff have announced its intention to re-propose the rulemaking in July-August 2017 and then take final action in the fall of 2017, which will make the issue relevant and timely for the CalCIMA 2017 Education Conference.

Environmental Update - Key 2017 Cases, Statutes and Regulations Affecting the  Industry
Diane Kindermann, Abbott & Kindermann, Inc.
Tailored for CALCIMA's member industries to stay in lockstep with 2017 actions in  federal and state courts, Congress,  the California State Legislature and federal and state regulatory agencies,  on such topics as air quality, the Clean Water Act , surface and groundwater supply, the Federal and State Endangered Species Acts, SMARA and CEQA and NEPA, among other environmental topics. Specific strategies will be identified for decision-making on business actions impacted by recent changes. 

Tuesday Lunch

Sponsored by: Vulcan Materials Western Division 

Wake Up! It’s 2027….a Rip Van Winkle Story
Pierre Villere, Allen Villere Partners
The theme is like that of Rip Van Winkle, the famous Washington Irving short story about the farmer who goes into the woods, falls under the spell of some fairies after drinking their potions, and falls asleep.  He awakens 20 years later to find the American Revolution has taken place, and the world is very changed.  My idea is that we awaken not 20 years, but only 10 years from now, and see the industry again for the first time in 2027.  The idea here is not to discuss the evolution of industry, but rather take a snapshot of what it looks like in 2027, regardless of how we got there.  The areas we examine include:
  • The population growth over the next 10 years, and the impact it will have on construction growth, including housing, commercial, industrial, and public works
  • How the industry integrated the Millennial Generation into the fabric of its operations
  • Advances in cement manufacturing and concrete mix design technology, reflecting the work of MIIT and other labs, and how performance will be enhanced while reducing material content with substituted alternatives
  • Advances in software, and how it looks in 2027, from order point to invoicing/statements
  • Advances in concrete mixer truck technology, and what the mixer of 10 years from now will look like, including the possibility that drivers will be replaced with safety and delivery attendants
  • Advances in admixture designs and performance
  • Advances in customer service, with reduced delivery, wait, and unloading times, combined with the benefit that better education of customers with regards to the industry’s profitability will benefit producers and their customers

Harrison Temblador Hungerford & Johnson Breakout #1
Land Use


High-Resolution Mineral Resource Models:  Potential Frontiers in the Application of Sequence Stratigraphic Principles
Brian G. Anderson, P.G., Vulcan Materials Company
An accurate conceptual site geologic model is the foundation for mineral resource delineation, as well as mine plan preparation.  For alluvial and fluvial depositonal settings, subsurface models are oftentimes limited by the scale of exploration and methodology, among other factors.  Consequently, a model depicting the spatial relationships of lithologies comprising the potential mineral reserves, as well as over- and inter-burden, are dependent on the degree of resolution of genetically related stratal units.  While sequence stratigraphy has played an important role in predicting prospective reservoir targets in the oil industry, its utility in the development of resource models in the construction and industrial materials sectors has yet to be fully examined.  Because strata are analyzed within a genetic framework and occurrence within stacking patterns and cycles, the application of sequence stratigraphic principles offers a novel approach to characterizing and assessing the resource potential of deposits.  Architectural analysis of sedimentary stacking patterns provides for the reconstruction of the shape and volume of a deposit with greater clarity than traditional methods, allowing exploration geologists to better quantify economically viable mineral resources.
Naturally Occurring Asbestos - CARB's New Guidance
Bradley Johnson, Harrison Temblador Hungerford and Johnson

This discussion will provide a fairly technical review of CARB's recent Test Method 435 Implementation Guidance Document. This discussion will outline the issues that prompted the new guidance document, CARB's technical recommendations, and the legal basis for those recommendations. The talk will conclude with implementation recommendations for operators.
The State’s Evolving Definition of Streams and Expanding Jurisictional Boundaries Under the Fish and Wildlife 1602 Program
Christian Marsh, Downey Brand LLP
California wetlands and species laws are playing an ever more prominent role in land and water policies. This increasing state role includes an expansive application and enforcement of the State’s Streambed Alteration Program. This presentation will provide an overview of recent developments in the administration and enforcement of the State’s 1602 Streambed permitting scheme, including recent case law, legislation, and expansive agency-driven definitions of what constitutes a stream.
Anticipating SB 743’s Influence on Transportation Impact Evaluations
Bob Delp, Benchmark Resources

Amendments to the California Environmental Quality Act (CEQA) adopted in 2013 as a result of Senate Bill 743 (SB 743) will change the way transportation impacts are analyzed under CEQA.  Transportation evaluations will shift from a focus on traffic delay and will place greater emphasis on vehicle miles traveled as the metric for determining impacts.  However, general plan policies and other local standards that specify minimum acceptable delays (i.e., levels of service) could also remain applicable, creating potential conflicting or unclear requirements for transportation analyses and mitigation requirements.  As of June 2017, amendments to the CEQA Guidelines to implement SB 743 have not yet been adopted. Benchmark Resources is monitoring the amendment process to anticipate ramifications on the aggregate industry.  Although geared toward areas served by transit, the amendments are expected to affect the CEQA review of most projects—including new or expanding aggregate mines and processing operations—and will result in the need for new analytical methods, significance criteria and thresholds, and mitigation strategies.  This presentation will discuss the status of the CEQA Guidelines amendment process, explore potential advantages and disadvantages for new or expanding aggregate operations, and provide recommendations to mine operators and consultants who will be managing projects subject to CEQA review in the coming years.
CEQA Technical Studies—How to anticipate Environmental Group comments and  how to respond quickly and effectively to streamline Draft EIR preparation
Anne McQueen, Yorke Engineering, LLC
Maya Grasse, Alston & Bird LLP

CEQA permitting is an essential part of every mining company environmental manager’s job, and the manager is often supported by outside technical consultants and legal counsel who help prepare many of the documents.  When preparing a CEQA Air Quality and GHG technical study, a key part of the process is responding to public comments on the draft EIR, and it is important to anticipate comments likely to be received from environmental groups. 
For example, in anticipation of potential future comments, it is helpful to include language in the AQ and GHG technical study that addresses their likely key concerns including:
  • Whether emissions are calculated for both the unmitigated and mitigated scenarios.
  • Whether AQ mitigation measures go beyond existing regulations
  • Whether GHG sections address the most recent regulatory developments, in terms of approaches for assessing significance.
  • The role of the AB 32 Scoping Plan (and its updates) in addressing uncertainties in GHG analyses, including the future of cap-and-trade.  
Once the public comments on the draft EIR are received, it will be valuable to be able to respond to those comments without doing significant additional technical analyses.  This involves both structuring the report in advance with the necessary evaluations and supporting language, and then, at the response to comments phase, identifying additional clarifying exhibits that can be used in the response to comments.   This presentation will address both the advance preparation, in anticipation of future comments, and the streamlining of the response to comments.  Specific examples will be provided.  We will demonstrate that, through careful preparation and effective response, we can reduce the burden of CEQA technical studies on mining company environmental managers and produce a robust and defensible CEQA document. 
Public Interest Standing Under CEQA--Will We Ever Learn What Types of 'Urgent Considerations' Outweigh A Petitioner's Standing?
Martin Stratte, Gresham Savage Nolan & Tilden
Jonathan Shardlow, Gresham Savage Nolan & Tilden 

This presentation will examine the legal standards related to what information a person or group must show in order to file a lawsuit under CEQA.  Because this standard is "relaxed" in California, many believe that CEQA litigation is being abused.  We will examine these allegations, provide firsthand experiences on the issue, and discuss how we believe this issue can be curtailed.  Of course, this will all be geared toward CEQA lawsuits filed in opposition to mining and aggregate projects.
Exhibit Hall Break
Sponsored by Sespe Consulting, Inc. 

Central Concrete Breakout #2
How to Comply with AB 219

Matt Sanders, Jeffer Mangels Butler & Mitchell
Jon Welner, Jeffer Mangels Butler & Mitchell

This session will provide members updates on several aspects of AB 219, the state law for payment of prevailing wage for concrete deliveries to public works. It will include a review on the status of the litigation related to the case.  It will address what is and is not required to comply with AB 219, and discuss what suppliers can do to combat overzealous contractors. Finally, the session will conclude with a panel of producer members to discuss practical applications of the law, and how producers have responded to the various implementation challenges of applying prevailing wage to a mobile activity, as well as the peculiar requirements of AB 219.  There will be opportunity for questions and answers.
Jaret Ramirez, A & A Ready Mixed Concrete, Inc. 
Judy Kelly, Teichert Materials

Exhibit Hall Break
Sponsored by Sespe Consulting, Inc. 

Brown and Caldwell Breakout #3
Environmental Operations

Process Water, Groundwater, and New Regulatory Framework for Water Rights in California
Sean Porter, Brown and Caldwell
Wayne Rosenbaum, Varco & Rosenbaum Environmental Law Group LLP

This educational presentation will focus on the Sustainable Ground Water Act (SGMA) and Water Rights as they are likely to effect the availability of ground water and surface water for Facilities which provide aggregates, industrial minerals, and ready mix concrete.  Mr. Rosenbaum will provide participants with an analysis of what SIGMA is, how it works, its effect on existing water rights, and the potential for significant reductions to ground water.  He will also discuss California’s regulation of surface water rights including Riparian Rights, Prior Appropriation, Prescriptive Rights, Federal and Native American Rights, and Pueblo Rights and how they may conflict with the implementation of SGMA.  Mr. Porter will present information related to surface water, process water, and interfacing with National Pollution Discharge Elimination System (NPDES) Permits. Mr. Porter will also discuss permitting and monitoring requirements of NPDES Permits.
Which method of wastewater management is best for your plant?
John Bennington, Superior Industries

Washing and sorting aggregates can be a water-intensive process. In some parts of the country, too much consumption can also make you unpopular in the neighborhood. In this course, we'll explore techniques to improve water consumption, determine which recovery system is best for your plant and learn some of the best practices to maximum water recovery. We'll explore the advantages, disadvantages, costs and designs of wastewater technology and help attendees determine which equipment is best for your application.
Business risks related to slope design for rock quarries
Danny Sims, EnviroMINE, Inc.
A cost-benefit approach to rock slope design is common.  This requires business judgment that is supported by appropriate technical analysis.  The essential elements of a geotechnical slope design are explained and examples are provided in a discussion of the relationships between technical decisions and business risks.
Tablet data collection and web-based map reporting of BMPs at a mine site - a case study for more efficient data presentation
Geoff Smick, WRA, Inc.

With the advent of tablets, a multitude of apps, and online cloud mapping and sharing, it is extremely easy to collect a variety of data in the field and push results out to clients, project proponents, team members, or regulators via a web-based map. In this example we took a paper inspection checklist for stormwater BMPs at a mine site and turned it into a map-based tablet data collection tool. Various BMP features are inspected and coded in the field for example if they need repair or other attention. The results are pushed to a cloud-based secure web map that is visible to the mine operator. They can then prioritize actions based on the status of various BMPs and site constraints. The result is a real time and visual communication tool that promotes rapid communication between inspector and operator and a spatial component that allows more precise knowledge of the location of the issue. This allows the operator to be more timely and efficient in their response. The operator can input actions on the back end of the web-based map once the issue has been addressed which acts as a log and helps for cataloging actions when it comes time to reporting. The initial setup of the process is relatively quick and the actual data collection doesn’t take any longer than paper-based field data collection but is much more informative. This same process can be extended to any type of field data sampling (recurring water quality measurements, photo monitoring, etc.).
Dust Mitigation Under your Control
Steven Clark, EnviroTech Services, Inc.

When it comes to controlling dust at your operation, whether a mine, a transfer station or another ancillary area, what are the options? We know watering alone is not the answer, but at the same time, we need to prevent dust from flying to ensure a safe environment and keep our skies clear of pollution, for both regulatory requirements and neighbors. Creating a Dust Management Program instead of looking to buy the first dust control product off the shelf is a first step to controlling dust and conserving water.
SDS-GHS-RMC-WTH? Haz Com Requirements for Ready Mix Operations
Terry Tyson, Lehigh Hanson Region West

Though OSHA adopted revisions of the Hazard Communication Standard in an attempt to bring it into alignment with the United Nations' Globally Harmonized System of Classification and Labelling of Chemicals some time ago, there is still confusion as to how those requirements affect ready mix concrete operations. In some instances, the answers aren’t clear, but good faith efforts and approaching the requirements from a safety perspective places an operator in good stead with the regulators and decreases risk to workers. We’ll examine common sense and practical solutions to the challenges the regulation brings.
Exhibit Hall Break
Sponsored by Sespe Consulting, Inc. 

Awards Banquet

Sponsored by: Harrison Temblador Hungerford & Johnson and Robertson's Ready Mix, Ltd.
President’s Award
Associate of the Year
Spirit of the Industry
Benjamin J. Licari Spirit of the Industry Award

Wednesday, November 8, 2017

Breakfast with Exhibitors
Sponsored by: Your Name Here 

Stoel Rives Breakout #1:

Priorities for Implementing Changes to California's Mining Laws, Regulations and Programs
Pat Perez, Office of Mine Reclamation
With California’s expanding economy, more minerals, sand, gravel and aggregate is needed locally to avoid long-distance transportation of materials that generate GHG emissions and other pollutants. New development and locally approved land use plans can pose challenges for extracting local mineral resources. Building community acceptance for the extraction of local resources will require the attention of all stakeholders, including state and local governments, the mining industry, environmental organizations, CalCIMA and others.
The presentation will highlight several of the Department of Conservation’s key regulatory and program efforts to inventory and map the State’s vital mineral resources and assets through the California Geologic Survey’s mineral land classification program and the Division of Mine Reclamation’s implementation of changes to California’s mining laws, regulations and other program activities for assisting local government and mine operators.
CalCIMA’s Legal Objectives for 2017
Matt Sanders, Jeffer Mangels Butler & Mitchell

CalCIMA counsel will outline a few of the legal challenges and opportunities facing CalCIMA in the coming year.  Topics will include legal issues surrounding protecting and eventually developing aggregate deposits, ongoing SMARA reform efforts, and other issues of interest to CalCIMA members.  
Federal Lands: Permitting in the Wild, Wild West
Michael Sherman, Stoel Rives LLP
Tom Henry, Stoel Rives LLP

President Obama rushed to approve the Desert Renewable Energy Conservation Plan (DRECP) before the end of his term.  The DRECP will have a significant impact on mining on federal lands and represents a model for land use planning on federal lands throughout the western U.S.  Will it be undone by President Trump?  This presentation will discuss mine permitting under the DRECP and the current political environment related to federal lands.
Exhibit Hall Break
Sponsored by: WRA, Inc.
Environmental Enforcement in California: Stories and Trends for 2017
Nicolas Serieys, Alta Environmental

The goal of the presentation is to outline the most compelling environmental enforcement cases over the last twelve months for the state of California, with a particular focus on the Construction and Industrial Materials industry. The information will be obtained from state and local agencies such as the Air Resources Board, AQMDs/APCDs, CUPAs, DTSC, Attorney General.
The presentation will address the following questions that CalCIMA members are likely to raise during the Conference:
- Are there types of operations that are more frequently targeted by environmental agency inspectors?
- What are the most common environmental violations?
- What lessons can we learn from these enforcement stories?
- Are there clear enforcement trends right now?
- On what particular regulatory areas should we be spending our limited budget?
Case Study – 300 years, 1.5 Billion Tons, 10 years, 79 seconds.  A Panel discussion of the Largest Aggregate Resource Permit in California
Bob Delp, Benchmark Resources
Jane Farkas, Sespe Consulting, Inc.
Jim Gore, Vulcan Materials Company
Adam Guernsey, Harrison Temblador Hungerford & Johnson
Anjanette Simon, Kern County Planning

Kern County recently approved a Conditional Use Permit and Reclamation Plan for a 4,000 acre, 300 year, 1.5 billion ton aggregate operation in the Southern San Joaquin Valley.  The permitting process took almost 10 years, and the Board of Supervisors hearing lasted 79 seconds. The project team, agency representative, and neighboring conservation trust will tell the story in panel format with each providing their insights into the successful process, followed by questions and open discussion. 

Mitchell Chadwick Breakout #2:
Storm Water

RMC Industry Under CWA Attack-How to Fortify Your Position
Patrick Mitchell, Mitchell Chadwick LLP           
NGOs are targeting the RMC industry all over CA with federal Clean Water Act citizen suits.  This talk presents how they do it, what points they state, and how you can defend your site.                                                                     
Deep Water: A Storm Water Citizen Suit Case Study
Alex Nichols, A&A Ready Mixed Concrete, Inc.
Ryan Waterman, Brownstein Hyatt Farber Schreck, LLP

We have heard that a number of concrete companies within our Southern California have had their facilities sued by third party environmental groups.  We are currently in the process of negotiating a settlement on a pending lawsuit with an environmental group that served our company with a 60 day notice of intent to sue based on alleged violations of the Industrial General Storm Water Permit and the Clean Water Act at four of our facilities.  The presentation would be a case study on the process and costs associated with defending the facilities, the strategies our attorney and consultant advised us to take, what steps we took to mitigate our liability and how we are trying to limit liability against future lawsuits.   I would make the presentation along with our storm water attorney, Ryan Waterman of Brownstein Hyatt Farber Schreck, LLP, who has presented at CalCIMA conferences in the past.   
How to Cope with IGP ERA Level 2?
Brent Smith, Amec Foster Wheeler Environment & Infrastructure, Inc.
After two years of coverage under the Industrial General Permit (IGP), many CalCIMA members now find themselves at Exceedance Response Actions (ERA) Level 2 status.  We are now at the stage where the IGP significantly changes course.  As you may have found out, ERA Level 1 Technical Reports are child's play in comparison to what’s next.  Baseline status and the last opportunities to implement or modify relatively inexpensive BMPs for IGP compliance have gone.  We now are faced with significant challenges and decisions that will determine how each facility will actually comply with this permit.  Many CalCIMA members will need to install additional treatment BMPs with the expectation to eliminate future Numeric Action Level (NAL) exceedances.  Others may choose to demonstrate that the pollutant contribution from industrial activities by itself does not result in an NAL exceedance, citing adjacent properties, aerial deposition, or on-site non-industrial sources.  The third option is to demonstrate that the source is from natural background. A fourth option is also available and may be an attractive option to many CalCIMA members, which is obtaining a Notice-of-Non-Applicability (NONA) exemption from the IGP. 
This presentation will provide CalCIMA members an understanding of how many construction-related industrial facilities are in the unfortunate circumstance of having to prepare Level 2 ERA reports, based on data mined from the State’s database.  For those dischargers, the presentation will provide examples of each compliance option and expectations from the Regional Water Quality Control Board (RWQCB).  The presentation will focus on pollutants of concern for typical CalCIMA members such as iron, aluminum, pH, and TSS. 
Exhibit Hall Break
Sponsored by: WRA, Inc.

Granite Construction Breakout #3: 
Building a Workforce 

Workforce Panel
Skills Gap and how to bridge it
   Carlos Gabriel Uruchurtu Bustamante, Cemex
The industry fight for Talent - Times are a changing..

   David Fishman, Sparrow Company, LLC
Preparing Graduates for Our Industry

   Feraidon Ataie, Chico State CIM
Active Duty Military Transitioning to Industry Workforce

   Tanya Komas, CPI
A group of professionals from varying points of view engaged in helping the industry increase its workforce have agreed to serve on this panel to discuss their role and ideas attract qualified personnel.  This panel, moderated by Steve Clark, Vice President of Labor Relations with Granite Construction, will also be available for a Q&A session.