Public Resources Code, Division 2, Chapter 9, Section 2710 et seq.

General Provisions.........................................................................................................................2

Definitions .....................................................................................................................................5

District Committees ........................................................................................................................6

State Policy for the Reclamation of Mined Lands ..........................................................................6

Reclamation of Mined Lands and the Conduct of Surface

Mining Operations ..........................................................................................................................9

Areas of Statewide or Regional Significance ...............................................................................19

Fiscal Provisions..........................................................................................................................20

Public Resources Code, Division 2, Chapter 2

Section 2207 ................................................................................................................................22

Public Resources Code, Division 2, Chapter 2

Section 2208 ................................................................................................................................25

Public Contract Code, Division 2, Part 2, Chapter 2

Section 10295.5 ............................................................................................................................25

California Code of Regulations, Title 14, Division 2, Chapter 8, Subchapter 1

Article 1. Surface Mining and Reclamation Practice ........................................................27

Article 4. Designation Appeal Process..............................................................................29

Article 5. Reclamation Plan Appeals ................................................................................31

Article 6. Mineral Resource Management Policies...........................................................34

Article 7. Financial Assurance Appeal Process ................................................................35

Article 8. Fee Schedule .....................................................................................................38

Article 9. Reclamation Standards......................................................................................40

Article 11. Financial Assurance Mechanisms .....................................................................46

Article 12. Administrative Penalty Petition Procedures......................................................48

______________________________________________________________________________

written permission. However, please cite California Department of Conservation as a source.

THE DEPARTMENT OF CONSERVATION MAKES NO WARRANTIES AS TO THE SUITABILITY OF THIS PRODUCT FOR ANY

PARTICULAR PURPOSE.

MARY D. NICHOLS GRAY DAVIS DARRYL YOUNG

SECRETARY FOR RESOURCES GOVERNOR DIRECTOR

SURFACE MINING AND RECLAMATION ACT OF 1975

As amended by:

Senate Bill 1300, Nejedly - 1980 Statutes Assembly Bill 723, Sher - 1993 Statutes

Assembly Bill 110, Areias - 1984 Statutes Assembly Bill 904, Sher - 1993 Statutes

Senate Bill 593, Royce - 1985 Statutes Assembly Bill 867, Sher - 1994 Statutes

Senate Bill 1261, Seymour - 1986 Statutes Senate Bill 273, Leslie - 1995 Statutes

Assembly Bill 747, Sher - 1987 Statutes Senate Bill 614, Craven et al - 1995 Statutes

Assembly Bill 3551, Sher - 1990 Statutes Assembly Bill 1373, Olberg - 1996 Statutes

Assembly Bill 3903, Sher - 1990 Statutes Senate Bill 1549, Monteith - 1996 Statutes

Assembly Bill 1506, Sher - 1991 Statutes Senate Bill 1664, Sher - 1997 Statutes, and

Senate Bill 1569, Rogers - 1992 Statutes Assembly Bill 297, Thomson - 1999 Statutes

Assembly Bill 3098, Sher - 1992 Statutes

§ 2710. This chapter shall be known and may be

cited as the Surface Mining and Reclamation Act of

1975.

§ 2711. (a) The Legislature hereby finds and

declares that the extraction of minerals is essential to

the continued economic well-being of the state and

to the needs of the society, and that the reclamation

of mined lands is necessary to prevent or minimize

adverse effects on the environment and to protect the

public health and safety.

(b) The Legislature further finds that the

reclamation of mined lands as provided in this

chapter will permit the continued mining of minerals

and will provide for the protection and subsequent

beneficial use of the mined and reclaimed land.

(c) The Legislature further finds that surface

mining takes place in diverse areas where the

geologic, topographic, climatic, biological, and

social conditions are significantly different and that

reclamation operations and the specifications

therefore may vary accordingly.

§ 2712. It is the intent of the Legislature to create

and maintain an effective and comprehensive surface

mining and reclamation policy with regulation of

surface mining operations so as to assure that:

(a) Adverse environmental effects are prevented

or minimized and that mined lands

are reclaimed to a usable condition which is readily

adaptable for alternative land uses.

(b) The production and conservation of minerals

are encouraged, while giving consideration to values

relating to recreation, watershed, wildlife, range and

forage, and aesthetic enjoyment.

(c) Residual hazards to the public health and safety

are eliminated.

§ 2713. It is not the intent of the Legislature by the

enactment of this chapter to take private property for

public use without payment of just compensation in

violation of the California and United States

Constitutions.

§ 2714. This chapter does not apply to any of the

following activities:

(a) Excavations or grading conducted for farming or

onsite construction or for the purpose of restoring land

following a flood or natural disaster.

(b) Onsite excavation and onsite earthmoving

activities that are an integral and necessary part of a

construction project that are undertaken to prepare a site

for construction of structures, landscaping, or other land

improvements, including the related excavation, grading,

compaction, or the creation of fills, road cuts, and

embankments, whether or not surplus materials are

exported from the site, subject to all of the following

conditions:

(1) All required permits for the construction,

landscaping, or related land improvements have been

approved by a public agency in accordance with

applicable provisions of state law and locally adopted

plans and ordinances, including, but not limited to,

Division 13 (commencing with Section 21000).

(2) The lead agency’s approval of the construction

project included consideration of the onsite excavation

and onsite earthmoving activities pursuant to Division 13

(commencing with Section 21000).

(3) The approved construction project is

consistent with the general plan or zoning of the site.

(4) Surplus materials shall not be exported from

the site unless and until actual construction work has

commenced and shall cease if it is determined that

construction activities have terminated, have been

indefinitely suspended, or are no longer being

actively pursued.

(c) Operation of a plant site used for mineral

processing, including associated onsite structures,

equipment, machines, tools, or other materials,

including the onsite stockpiling and onsite recovery

of mined materials, subject to all of the following

conditions:

(1) The plant site is located on lands designated

for industrial or commercial uses in the applicable

county or city general plan.

(2) The plant site is located on lands zoned

industrial or commercial, or are contained within a

zoning category intended exclusively for industrial

activities by the applicable city or county.

(3) None of the minerals being processed are

being extracted onsite.

(4) All reclamation work has been completed

pursuant to the approved reclamation plan for any

mineral extraction activities that occurred onsite after

January 1, 1976.

(d) Prospecting for, or the extraction of, minerals

for commercial purposes and the removal of

overburden in total amounts of less than 1,000 cubic

yards in any one location of one acre or less.

(e) Surface mining operations that are required

by federal law in order to protect a mining claim, if

those operations are conducted solely for that

purpose.

(f) Any other surface mining operations that the

board, as defined by section 2001, determines to be

of an infrequent nature and which involve only

minor surface disturbances.

(g) The solar evaporation of sea water or bay

water for the production of salt and related minerals.

(h) Emergency excavations or grading conducted

by the Department of Water Resources or the

Reclamation Board for the purpose of averting,

alleviating, repairing, or restoring damage to

property due to imminent or recent floods, disasters,

or other emergencies.

(i) (1) Surface mining operations conducted on

lands owned or leased, or upon which easements or

rights-of-way have been obtained, by the Department

of Water Resources for the purpose of the State Water

Resources Development System or flood control, and

surface mining operations on lands owned or leased, or

upon which easements or rights-of-way have been

obtained, by the Reclamation Board for the purpose of

flood control, if the Department of Water Resources

adopts, after submission to and consultation with, the

Department of Conservation, a reclamation plan for lands

affected by these activities, and those lands are reclaimed

in conformance with the standards specified in regulations

of the board adopted pursuant to this chapter. The

Department of Water Resources shall provide an annual

report to the Department of Conservation by the date

specified by the Department of Conservation on these

mining activities.

(2) Nothing in this subdivision shall require the

Department of Water Resources or the Reclamation

Board to obtain a permit or secure approval of a

reclamation plan from any city or county in order to

conduct surface mining operations specified in paragraph

(1). Nothing in this subdivision shall preclude the

bringing of an enforcement action pursuant to Section

2774.1, if it is determined that a surface mine operator,

acting under contract with the Department of Water

Resources or the Reclamation Board on lands other than

those owned or leased, or upon which easements or

rights-of-way have been obtained, by the Department of

Water Resources or the Reclamation Board, is otherwise

not in compliance with this chapter.

(j) (1) Excavations or grading for the exclusive

purpose of obtaining materials for roadbed construction

and maintenance conducted in connection with timber

operations or forest management on land owned by the

same person or entity. This exemption is limited to

excavation and grading that is conducted adjacent to

timber operation or forest management roads and shall not

apply to onsite excavation or grading that occurs within

100 feet of a Class One watercourse or 75 feet of a Class

Two watercourse, or to excavation for materials that are,

or have been, sold for commercial purposes.

(2) This exemption shall be available only if slope

stability and erosion are controlled in accordance with

subdivision (f) of Section 3704 and subdivision (d) of

Section 3706 of Title 14 of the California Code of

Regulations and, upon closure of the site, the person

closing the site implements, where necessary, revegetation

measures and postclosure uses in consultation with the

Department of Forestry and Fire Protection.

(k) Excavations, grading, or other earthmoving

activities in an oil or gas field that are integral to, and

necessary for, ongoing operations for the extraction

of oil or gas that comply with all of the following

conditions:

(1) The operations are being conducted in

accordance with Division 3 (commencing with

Section 3000).

(2) The operations are consistent with any

general plan or zoning applicable to the site.

(3) The earthmoving activities are within oil or

gas field properties under a common owner or

operator.

(4) No excavated materials are sold for

commercial purposes.

§ 2715. No provision of this chapter or any

ruling, requirement, or policy of the board is a

limitation on any of the following:

(a) On the police power of any city or county or

on the power of any city or county to declare,

prohibit, and abate nuisances.

(b) On the power of the Attorney General, at the

request of the board, or upon his own motion, to

bring an action in the name of the people of the State

of California to enjoin any pollution or nuisance.

(c) On the power of any state agency in the

enforcement or administration of any provision of

law which it is specifically authorized or required to

enforce or administer.

(d) On the right of any person to maintain at any

time any appropriate action for relief against any

private nuisance as defined in Part 3 (commencing

with Section 3479) of Division 4 of the Civil Code or

for any other private relief.

(e) On the power of any lead agency to adopt

policies, standards, or regulations imposing

additional requirements on any person if the

requirements do not prevent the person from

complying with the provisions of this chapter.

(f) On the power of any city or county to

regulate the use of buildings, structures, and land as

between industry, business, residents, open space

(including agriculture, recreation, the enjoyment of

scenic beauty, and the use of natural resources), and

other purposes.

§ 2715.5. (a) The Cache Creek Resource

Management Plan, in conjunction with a site

specific plan deemed consistent by the lead agency

with the Cache Creek Resource Management Plan,

until December 31, 2003, shall be considered to be

a functional equivalent of a reclamation plan for the

purposes of this chapter. No other reclamation plan

shall be required to be reviewed and approved for any

excavation project subject to the Cache Creek Resource

Management Plan that is conducted in conformance with

an approved site specific plan that is consistent with the

Cache Creek Resource Management Plan, and the

standards specified in that plan governing erosion

control, channel stabilization, habitat restoration, flood

control, or infrastructure maintenance, if that plan is

reviewed and approved by a lead agency pursuant to this

chapter.

(b) For purposes of this section, the board of

supervisors of the county in which the Cache Creek

Resource Management Plan is to be implemented shall

prepare and file the annual report required to be

prepared pursuant to Section 2207.

(c) Nothing in this section precludes an enforcement

action by the board or the department brought pursuant

to this chapter or Section 2207 if the lead agency or the

director determines that a surface mining operator,

acting under the authority of the Cache Creek Resource

Management Plan, is not in compliance with the

requirements of this chapter or Section 2207.

(d) ‘‘Site specific plan,’’ for the purposes of this

section, means an individual project plan approved by

the lead agency that is consistent with the Cache Creek

Resource Management Plan. Site specific plans

prepared in conformance with the Cache Creek

Resource Management Plan shall, at a minimum,

include the information required pursuant to subdivision

(c) of Section 2772, shall comply with the requirements

of Article 9 (commencing with Section 3700) of

Subchapter 1 of Chapter 8 of Title 14 of the California

Code of Regulations and shall be provided along with a

financial assurance estimate to the department for

review and comment pursuant to Section 2774.

Notwithstanding the number of days authorized by

paragraph (1) of subdivision (d) of Section 2774, the

department shall review the site specific plan and the

financial assurance estimate and prepare any written

comments within 15 days from the date of receipt of the

plan and the estimate.

(e) Prior to engaging in an excavation activity in

conformance with the Cache Creek Resource

Management Plan, a surface mining operation shall be

required to obtain financial assurances that meet the

requirements of Section 2773.1.

(f) This section shall remain in effect only until

December 31, 2003, and as of that date is repealed,

unless a later enacted statute, that is enacted before

December 31, 2003, deletes or extends that date.

NOTE: Sections 2715.5 and 2773.2 shall

not become operative until such time that the

State Mining and Geology Board approves

the County of Yolo implementing ordinance

governing in-channel noncommercial

extraction activities carried out pursuant to

the Cache Creek Resource Management Plan

and notifies the Secretary of State in writing

of that approval.

§ 2716. Any person may commence an action on

his or her own behalf against the board, the State

Geologist, or the director for a writ of mandate

pursuant to Chapter 2 (commencing with Section

1084) of Title 1 of Part 3 of the Code of Civil

Procedure to compel the board, the State Geologist,

or the director to carry out any duty imposed upon

them pursuant to this chapter.

§ 2717. (a) The board shall submit to the

Legislature on December 1st of each year a report on

the actions taken pursuant to this chapter during the

preceding fiscal year. The report shall include a

statement of the actions, including legislative

recommendations, which are necessary to carry out

more completely the purposes and requirements of

this chapter.

(b) For purposes of ensuring compliance with

Section 10295.5 of the Public Contract Code, on and

after July 1, 1993, the department shall, at a

minimum, quarterly publish in the California

Regulatory Notice Register, or otherwise make

available upon request to the Department of General

Services or any other state agency, a list identifying

all of the following:

(1) Surface mining operations for which a report

has been submitted pursuant to Section 2207 which

indicates that the reclamation plan and the financial

assurances have been approved.

(2) Surface mining operations for which an

appeal is pending before the board pursuant to

subdivision (e) of Section 2770, provided that the

appeal shall not have been pending before the board

for more than 180 days.

§ 2718. If any provision of this chapter or the

application thereof to any person or circumstance is

held invalid, such invalidity shall not affect other

provisions or applications of the chapter which can be

given effect without the invalid provision or application,

and to this end the provisions of this chapter are

severable.

§ 2719. Notwithstanding any other provision of law,

neither the state nor any county, city, district, or other

political subdivision shall be exempt from any fee

imposed upon a mining operation pursuant to subdivision

(d) of Section 2207.

§ 2725. Unless the context otherwise requires, the

definitions set forth in this article shall govern the

construction of this chapter.

§ 2726. "Area of regional significance" means an area

designated by the board pursuant to Section 2790 which is

known to contain a deposit of minerals, the extraction of

which is judged to be of prime importance in meeting

future needs for minerals in a particular region of the state

within which the minerals are located and which, if

prematurely developed for alternate incompatible land

uses, could result in the permanent loss of minerals that

are of more than local significance.

§ 2727. "Area of statewide significance" means an

area designated by the board pursuant to Section 2790

which is known to contain a deposit of minerals, the

extraction of which is judged to be of prime importance in

meeting future needs for minerals in the state and which,

if prematurely developed for alternate incompatible land

uses, could result in the permanent loss of minerals that

are of more than local or regional significance.

§ 2727.1 "Idle" means to curtail for a period of one

year or more surface mining operations by more than 90

percent of the operation's previous maximum annual

mineral production, with the intent to resume those

surface mining operations at a future date.

§ 2728. "Lead agency" means the city, county, San

Francisco Bay Conservation and Development

Commission, or the board which has the principal

responsibility for approving a surface mining operation or

reclamation plan pursuant to this chapter.

§ 2729. "Mined lands" includes the surface,

subsurface, and ground water of an area in which

surface mining operations will be, are being, or have

been conducted, including private ways and roads

appurtenant to any such area, land excavations,

workings, mining waste, and areas in which

structures, facilities, equipment, machines, tools, or

other materials or property which result from, or are

used in, surface mining operations are located.

§ 2730. "Mining waste" includes the residual of

soil, rock, mineral, liquid, vegetation, equipment,

machines, tools, or other materials or property

directly resulting from, or displaced by, surface

mining operations.

§ 2731. "Operator" means any person who is

engaged in surface mining operations, himself, or

who contracts with others to conduct operations on

his behalf, except a person who is engaged in surface

mining operations as an employee with wages as his

sole compensation.

§ 2732. "Overburden" means soil, rock, or other

materials that lie above a natural mineral deposit or

in between mineral deposits, before or after their

removal by surface mining operations.

§ 2732.5. "Permit" means any authorization

from, or approval by, a lead agency, the absence of

which would preclude surface mining operations.

§ 2733. "Reclamation" means the combined

process of land treatment that minimizes water

degradation, air pollution, damage to aquatic or

wildlife habitat, flooding, erosion, and other adverse

effects from surface mining operations, including

adverse surface effects incidental to underground

mines, so that mined lands are reclaimed to a usable

condition which is readily adaptable for alternate

land uses and create no danger to public health or

safety. The process may extend to affected lands

surrounding mined lands, and may require

backfilling, grading, resoiling, revegetation, soil

compaction, stabilization, or other measures.

§ 2734. "State policy" means the regulations

adopted by the board pursuant to Section 2755.

§ 2735. "Surface mining operations" means all,

or any part of, the process involved in the mining of

minerals on mined lands by removing overburden and

mining directly from the mineral deposits, open-pit

mining of minerals naturally exposed, mining by the auger

method, dredging and quarrying, or surface work incident

to an underground mine. Surface mining operations shall

include, but are not limited to:

(a) Inplace distillation or retorting or leaching.

(b) The production and disposal of mining waste.

(c) Prospecting and exploratory activities.

§ 2740. In carrying out the provisions of this chapter,

the board may establish districts and appoint one or more

district technical advisory committees to advise the board.

In establishing districts for these committees, the board

shall take into account physical characteristics, including,

but not limited to, climate, topography, geology, type of

overburden, and principal mineral commodities.

Members of the committees shall be selected and

appointed on the basis of their professional qualifications

and training in mineral resource conservation,

development and utilization, land use planning, mineral

economics, or the reclamation of mined lands.

§ 2741. The members of the committee shall receive

no compensation for their services, but shall be entitled to

their actual and necessary expenses incurred in the

performance of their duties.

§ 2755. The board shall adopt regulations which

establish state policy for the reclamation of mined lands in

accordance with the general provisions set forth in Article

1 (commencing with Section 2710) of this chapter and

pursuant to Chapter 4.5 (commencing with Section

11371) of Part 1 of Division 3 of Title 2 of the

Government Code.

§ 2756. State policy shall apply to the conduct of

surface mining operations and shall include, but shall not

be limited to, measures to be employed by lead agencies

in specifying grading, backfilling, resoiling, revegetation,

soil compaction, and other reclamation requirements, and

for soil erosion control, water quality and watershed

control, waste disposal, and flood control.

§ 2757. The state policy adopted by the board shall be

based upon a study of the factors that significantly

affect the present and future condition of mined

lands, and shall be used as standards by lead

agencies in preparing specific and general plans,

including the conservation and land use elements of

the general plan and zoning ordinances. The state

policy shall not include aspects of regulating surface

mining operations which are solely of local concern,

and not of statewide or regional concern, as

determined by the board, such as, but not limited to,

hours of operation, noise, dust, fencing, and purely

aesthetic considerations.

§ 2758. Such policy shall include objectives and

criteria for all of the following:

(a) Determining the lead agency pursuant to the

provisions of Section 2771.

(b) The orderly evaluation of reclamation plans.

(c) Determining the circumstances, if any, under

which the approval of a proposed surface mining

operation by a lead agency need not be conditioned

on a guarantee assuring reclamation of the mined

lands.

§ 2759. The state policy shall be continuously

reviewed and may be revised. During the

formulation or revision of the policy, the board shall

consult with, and carefully evaluate the

recommendations of, the director, any district

technical advisory committees, concerned federal,

state, and local agencies, educational institutions,

civic and public interest organizations, and private

organizations and individuals.

§ 2760. The board shall not adopt or revise the

state policy, unless a public hearing is first held

respecting its adoption or revision. At least 30 days

prior to the hearing, the board shall give notice of the

hearing by publication pursuant to Section 6061 of

the Government Code.

§ 2761. (a) On or before January 1, 1977, and, as

a minimum, after the completion of each decennial

census, the Office of Planning and Research shall

identify portions of the following areas within the

state which are urbanized or are subject to urban

expansion or other irreversible land uses which

would preclude mineral extraction:

(1) Standard metropolitan statistical areas and

such other areas for which information is readily

available.

(2) Other areas as may be requested by the board.

(b) In accordance with a time schedule, and based

upon guidelines adopted by the board, the State Geologist

shall classify, on the basis solely of geologic factors, and

without regard to existing land use and land ownership,

the areas identified by the Office of Planning and

Research, any area for which classification has been

requested by a petition which has been accepted by the

board, or any other areas as may be specified by the

board, as one of the following:

(1) Areas containing little or no mineral deposits.

(2) Areas containing significant mineral deposits.

(3) Areas containing mineral deposits, the

significance of which requires further evaluation.

The State Geologist shall require the petitioner to pay

the reasonable costs of classifying an area for which

classification has been requested by the petitioner.

(c) The State Geologist shall transmit the information

to the board for incorporation into the state policy and for

transmittal to lead agencies.

§ 2762. (a) Within 12 months of receiving the mineral

information described in Section 2761, and also within 12

months of the designation of an area of statewide or

regional significance within its jurisdiction, every lead

agency shall, in accordance with state policy, establish

mineral resource management policies to be incorporated

in its general plan which will:

(1) Recognize mineral information classified by the

State Geologist and transmitted by the board.

(2) Assist in the management of land use which affect

areas of statewide and regional significance.

(3) Emphasize the conservation and development of

identified mineral deposits.

(b) Every lead agency shall submit proposed mineral

resource management policies to the board for review and

comment prior to adoption.

(c) Any subsequent amendment of the mineral

resource management policy previously reviewed by the

board shall also require review and comment by the

board.

(d) If any area is classified by the State Geologist as

an area described in paragraph (2) of subdivision (b) of

Section 2761, and the lead agency either has designated

that area in its general plan as having important minerals

to be protected pursuant to subdivision (a), or otherwise

has not yet acted pursuant to subdivision (a), then prior to

permitting a use which would threaten the potential to

extract minerals in that area, the lead agency shall

prepare, in conjunction with preparing any

environmental document required by Division 13

(commencing with Section 21000), or in any event if

no such document is required, a statement specifying

its reasons for permitting the proposed use, and shall

forward a copy to the State Geologist and the board

for review.

If the proposed use is subject to the requirements

of Division 13 (commencing with Section 21000),

the lead agency shall comply with the public review

requirements of that division. Otherwise, the lead

agency shall provide public notice of the availability

of its statement by all of the following:

(1) Publishing the notice at least one time in a

newspaper of general circulation in the area affected

by the proposed use.

(2) Directly mailing the notice to owners of

property within one-half mile of the parcel or parcels

on which the proposed use is located as those owners

are shown on the latest equalized assessment role.

The public review period shall not be less than

60 days from the date of the notice and shall include

at least one public hearing. The lead agency shall

evaluate comments received and shall prepare a

written response. The written response shall

describe the disposition of the major issues raised.

In particular, when the lead agency's position on the

proposed use is at variance with recommendations

and objections raised in the comments, the written

response shall address in detail why specific

comments and suggestions were not accepted.

(e) Prior to permitting a use which would

threaten the potential to extract minerals in an area

classified by the State Geologist as an area described

in paragraph (3) of subdivision (b) of Section 2761,

the lead agency may cause to be prepared an

evaluation of the area in order to ascertain the

significance of the mineral deposit located therein.

The results of such evaluation shall be transmitted to

the State Geologist and the board.

§ 2763. (a) If an area is designated by the board

as an area of regional significance, and the lead

agency either has designated that area in its general

plan as having important minerals to be protected

pursuant to subdivision (a) of Section 2762, or

otherwise has not yet acted pursuant to subdivision

(a) of Section 2762, then prior to permitting a use

which would threaten the potential to extract

minerals in that area, the lead agency shall prepare a

statement specifying its reasons for permitting the

proposed use, in accordance with the requirements set

forth in subdivision (d) of Section 2762. Lead agency

land use decisions involving areas designated as being of

regional significance shall be in accordance with the lead

agency's mineral resource management policies and shall

also, in balancing mineral values against alternative land

uses, consider the importance of these minerals to their

market region as a whole and not just their importance to

the lead agency's area of jurisdiction.

(b) If an area is designated by the board as an area of

statewide significance, and the lead agency either has

designated that area in its general plan as having

important minerals to be protected pursuant to subdivision

(a) of Section 2762, or otherwise has not yet acted

pursuant to subdivision (a) of Section 2762, then prior to

permitting a use which would threaten the potential to

extract minerals in that area, the lead agency shall prepare

a statement specifying its reasons for permitting the

proposed use, in accordance with the requirements set

forth in subdivision (d) of Section 2762. Lead agency

land use decisions involving areas designated as being of

statewide significance shall be in accordance with the lead

agency's mineral resource management policies and shall

also, in balancing mineral values against alternative land

uses, consider the importance of the mineral resources to

the state and nation as a whole.

§ 2764. (a) Upon the request of an operator or other

interested person and payment by the requesting person of

the estimated cost of processing the request, the lead

agency having jurisdiction shall amend its general plan, or

prepare a new specific plan or amend any applicable

specific plan, that shall, with respect to the continuation

of the existing surface mining operation for which the

request is made, plan for future land uses in the vicinity

of, and access routes serving, the surface mining

operation in light of the importance of the minerals to

their market region as a whole, and not just their

importance to the lead agency's area of jurisdiction.

(b) In adopting amendments to the general plan, or

adopting or amending a specific plan, the lead agency

shall make written legislative findings as to whether the

future land uses and particular access routes will be

compatible or incompatible with the continuation of the

surface mining operation, and if they are found to be

incompatible, the findings shall include a statement of the

reasons why they are to be provided for, notwithstanding

the importance of the minerals to their market region as a

whole or their previous designation by the board, as the

case may be.

(c) Any evaluation of a mineral deposit prepared

by a lead agency for the purpose of carrying out this

section shall be transmitted to the State Geologist

and the board.

(d) The procedure provided for in this section

shall not be undertaken in any area that has been

designated pursuant to Article 6 (commencing with

Section 2790) if mineral resource management

policies have been established and incorporated in

the lead agency's general plan in conformance with

Article 4 (commencing with Section 2755).

§ 2770. (a) Except as provided in this section, no

person shall conduct surface mining operations

unless a permit is obtained from, a reclamation plan

has been submitted to and approved by, and financial

assurances for reclamation have been approved by,

the lead agency for the operation pursuant to this

article.

(b) Any person with an existing surface mining

operation who has vested rights pursuant to Section

2776 and who does not have an approved

reclamation plan shall submit a reclamation plan to

the lead agency not later than March 31, 1988. If a

reclamation plan application is not on file by March

31, 1988, the continuation of the surface mining

operation is prohibited until a reclamation plan is

submitted to the lead agency. For purposes of this

subdivision, reclamation plans may consist of all or

the appropriate sections of any plans or written

agreements previously approved by the lead agency

or another agency, together with any additional

documents needed to substantially meet the

requirements of Sections 2772 and 2773 and the lead

agency surface mining ordinance adopted pursuant to

subdivision (a) of Section 2774, provided that all

documents which together were proposed to serve as

the reclamation plan are submitted for approval to

the lead agency in accordance with this chapter.

(c) If a person with an existing surface mining

operation has received lead agency approval of its

financial assurances for reclamation prior to January

1, 1991, the lead agency shall administratively

review those existing financial assurances in

accordance with subdivision (d) prior to January 1,

1992. The review of existing financial assurances

shall not be considered a project for purposes of Division

13 (commencing with Section 21000). Any person with

an existing surface mining operation which does not have

financial assurances that received lead agency approval

prior to January 1, 1991, shall submit financial assurances

for reclamation for review in accordance with subdivision

(d).

(d) The lead agency's review of reclamation plans

submitted pursuant to subdivision (b) or of financial

assurances pursuant to subdivision (c) is limited to

whether the plan or the financial assurances substantially

meet the applicable requirements of Sections 2772, 2773,

and 2773.1, and the lead agency surface mining ordinance

adopted pursuant to subdivision (a) of Section 2774, but,

in any event, the lead agency shall require that financial

assurances for reclamation be sufficient to perform

reclamation of lands remaining disturbed. Reclamation

plans or financial assurances determined to substantially

meet these requirements shall be approved by the lead

agency for purposes of this chapter. Reclamation plans or

financial assurances determined not to substantially meet

these requirements shall be returned to the operator within

60 days. The operator has 60 days to revise the plan or

financial assurances to address identified deficiencies, at

which time the revised plan or financial assurances shall

be returned to the lead agency for review and approval.

Except as specified in subdivision (e) or (i), unless the

operator has filed on or before July 1, 1990, an appeal

pursuant to subdivision (e) with regard to nonapproval of

the reclamation plan, or has filed on or before January 1,

1994, an appeal pursuant to subdivision (e) with regard to

nonapproval of financial assurances, and that appeal is

pending before the board, the continuation of the surface

mining operation is prohibited until a reclamation plan

and financial assurances for reclamation are approved by

the lead agency.

(e) Any person who, based on the evidence of the

record, can substantiate that a lead agency has either (1)

failed to act according to due process or has relied on

considerations not related to the specific applicable

requirements of Sections 2772, 2773, and 2773.1, and the

lead agency surface mining ordinance adopted pursuant to

subdivision (a) of Section 2774, in reaching a decision to

deny approval of a reclamation plan or financial

assurances for reclamation, (2) failed to act within a

reasonable time of receipt of a completed application, or

(3) failed to review and approve reclamation plans or

financial assurances as required by subdivisions (c) and

(d), may appeal that action or inaction to the board.

(f) The board may decline to hear an appeal if it

determines that the appeal raises no substantial

issues related to the lead agency's review pursuant to

this section.

(g) Appeals that the board does not decline to

hear shall be scheduled and heard at a public hearing

within 45 days of the filing of the appeal, or any

longer period as may be mutually agreed upon by the

board and the person filing the appeal. In hearing an

appeal, the board shall only determine whether the

reclamation plan or the financial assurances

substantially meet the applicable requirements of

Sections 2772, 2773, 2773.1, and the lead agency

surface mining ordinance adopted pursuant to

subdivision (a) of Section 2774. A reclamation plan

or financial assurances determined to meet these

requirements shall be approved. A reclamation plan

or financial assurances determined not to meet these

requirements shall be returned to the person filing

the appeal with a notice of deficiencies, who shall be

granted, once only, a period of 30 days, or a longer

period mutually agreed upon by the operator and the

board, to correct the noted deficiencies and submit

the revised reclamation plan or the revised financial

assurances to the lead agency for review and

approval.

(h)(1) Within 90 days of a surface mining

operation becoming idle, as defined in Section

2727.1, the operator shall submit to the lead agency

for review and approval, an interim management

plan. The review and approval of an interim

management plan shall not be considered a project

for purposes of Division 13 (commencing with

Section 21000). The approved interim management

plan shall be considered an amendment to the surface

mining operation's approved reclamation plan, for

purposes of this chapter. The interim management

plan shall provide measures the operator will

implement to maintain the site in compliance with

this chapter, including, but not limited to, all permit

conditions.

(2) The interim management plan may remain in

effect for a period not to exceed five years, at which

time the lead agency shall do one of the following:

(A) Renew the interim management plan for

another period not to exceed five years, if the lead

agency finds that the surface mining operator has

complied fully with the interim management plan.

(B) Require the surface mining operator to

commence reclamation in accordance with its

approved reclamation plan.

(3) The financial assurances required by Section

2773.1 shall remain in effect during the period that the

surface mining operation is idle. If the surface mining

operation is still idle after the expiration of its interim

management plan, the surface mining operation shall

commence reclamation in accordance with its approved

reclamation plan.

(4) Within 60 days of the receipt of the interim

management plan, or a longer period mutually agreed

upon by the lead agency and the operator, the lead agency

shall review and approve the plan in accordance with its

ordinance adopted pursuant to subdivision (a) of Section

2774, so long as the plan satisfies the requirements of this

subdivision, and so notify the operator in writing.

Otherwise, the lead agency shall notify the operator in

writing of any deficiencies in the plan. The operator shall

have 30 days, or a longer period mutually agreed upon by

the operator and the lead agency, to submit a revised plan.

(5) The lead agency shall approve or deny approval of

the revised interim management plan within 60 days of

receipt. If the lead agency denies approval of the revised

interim management plan, the operator may appeal that

action to the lead agency's governing body, which shall

schedule a public hearing within 45 days of the filing of

the appeal, or any longer period mutually agreed upon by

the operator and the governing body.

(6) Unless review of an interim management plan is

pending before the lead agency, or an appeal is pending

before the lead agency's governing body, a surface mining

operation which remains idle for over one year after

becoming idle as defined in Section 2727.1 without

obtaining approval of an interim management plan shall

be considered abandoned and the operator shall

commence and complete reclamation in accordance with

the approved reclamation plan.

(i) Any enforcement action which may be brought

against a surface mining operation for operating without

an approved reclamation plan, financial assurance, or

interim management plan, shall be held in abeyance

pending review pursuant to subdivision (b), (c), (d), or (h)

or the resolution of an appeal filed with the board

pursuant to subdivision (e), or with a lead agency

governing body pursuant to subdivision (h).

§ 2770.5. Whenever surface mining operations are

proposed in the 100-year flood plain for any stream, as

shown in Zone A of Flood Insurance Rate Maps issued by

the Federal Emergency Management Agency, and within

one mile, upstream or downstream, of any state highway

bridge, the lead agency receiving the application for the

issuance or renewal of a permit to conduct the

surface mining operations shall notify the

Department of Transportation that the application

has been received. The Department of

Transportation shall have a period of not more than

45 days to review and comment on the proposed

surface mining operations with respect to any

potential damage to the state highway bridge from

the proposed surface mining operations. The lead

agency shall not issue or renew the permit until the

Department of Transportation has submitted its

comments or until 45 days from the date the

application for the permit was submitted, whichever

occurs first.

§ 2771. Whenever a proposed or existing surface

mining operation is within the jurisdiction of two or

more public agencies, is a permitted use within the

agencies, and is not separated by a natural or

manmade barrier coinciding with the boundary of the

agencies, the evaluation of the proposed or existing

operation shall be made by the lead agency in

accordance with the procedures adopted by the lead

agency pursuant to Section 2774. If a question arises

as to which public agency is the lead agency, any

affected public agency, or the affected operator, may

submit the matter to the board. The board shall

notify in writing all affected public agencies and

operators that the matter has been submitted,

specifying a date for a public hearing. The board

shall designate the public agency which shall serve

as the lead agency, giving due consideration to the

capability of the agency to fulfill adequately the

requirements of this chapter and to an examination of

which of the public agencies has principal permit

responsibility.

§ 2772. (a) The reclamation plan shall be filed

with the lead agency, on a form provided by the lead

agency, by any person who owns, leases, or

otherwise controls or operates on all, or any portion

of any, mined lands, and who plans to conduct

surface mining operations on the lands.

(b) All documentation for the reclamation plan

shall be submitted by the lead agency to the

department at one time.

(c) The reclamation plan shall include all of the

following information and documents:

(1) The name and address of the surface mining

operator and the names and addresses of any persons

designated by the operator as an agent for the service of

process.

(2) The anticipated quantity and type of minerals for

which the surface mining operation is to be conducted.

(3) The proposed dates for the initiation and

termination of surface mining operation.

(4) The maximum anticipated depth of the surface

mining operation.

(5) The size and legal description of the lands that

will be affected by the surface mining operation, a map

that includes the boundaries and topographic details of the

lands, a description of the general geology of the area, a

detailed description of the geology of the area in which

surface mining is to be conducted, the location of all

streams, roads, railroads, and utility facilities within, or

adjacent to, the lands, the location of all proposed access

roads to be constructed in conducting the surface mining

operation, and the names and addresses of the owners of

all surface interests and mineral interests in the lands.

(6) A description of, and a plan for, the type of

surface mining to be employed, and a time schedule that

will provide for the completion of surface mining on each

segment of the mined lands so that reclamation can be

initiated at the earliest possible time on those portions of

the mined lands that will not be subject to further

disturbance by the surface mining operation.

(7) A description of the proposed use or potential uses

of the mined lands after reclamation and evidence that all

owners of a possessory interest in the land have been

notified of the proposed use or potential uses.

(8) A description of the manner in which reclamation,

adequate for the proposed use or potential uses will be

accomplished, including both of the following:

(A) A description of the manner in which

contaminants will be controlled, and mining waste will be

disposed.

(B) A description of the manner in which affected

streambed channels and streambanks will be rehabilitated

to a condition minimizing erosion and sedimentation will

occur.

(9) An assessment of the effect of implementation of

the reclamation plan on future mining in the area.

(10) A statement that the person submitting the

reclamation plan accepts responsibility for reclaiming the

mined lands in accordance with the reclamation plan.

(11) Any other information which the lead agency

may require by ordinance.

(d) An item of information or a document required

pursuant to subdivision (c) that has already been prepared

as part of a permit application for the surface mining

operation, or as part of an environmental document

prepared for the project pursuant to Division 13

(commencing with Section 21000), may be included

in the reclamation plan by reference, if that item of

information or that document is attached to the

reclamation plan when the lead agency submits the

reclamation plan to the director for review. To the

extent that the information or document referenced

in the reclamation plan is used to meet the

requirements of subdivision (c), the information or

document shall become part of the reclamation plan

and shall be subject to all other requirements of this

article.

(e) Nothing in this section is intended to limit or

expand the department's authority or responsibility to

review a document in accordance with Division 13

(commencing with Section 21000).

§ 2773. (a) The reclamation plan shall be

applicable to a specific piece of property or

properties, shall be based upon the character of the

surrounding area and such characteristics of the

property as type of overburden, soil stability,

topography, geology, climate, stream characteristics,

and principal mineral commodities, and shall

establish site-specific criteria for evaluating

compliance with the approved reclamation plan,

including topography, revegetation and sediment,

and erosion control.

(b) By January 1, 1992, the board shall adopt

regulations specifying minimum, verifiable statewide

reclamation standards. Subjects for which standards

shall be set include, but shall not be limited to, the

following:

(1) Wildlife habitat.

(2) Backfilling, regrading, slope stability, and

recontouring.

(3) Revegetation.

(4) Drainage, diversion structures, waterways,

and erosion control.

(5) Prime and other agricultural land

reclamation.

(6) Building, structure, and equipment removal.

(7) Stream protection.

(8) Topsoil salvage, maintenance, and

redistribution.

(9) Tailing and mine waste management.

These standards shall apply to each mining

operation, but only to the extent that they are

consistent with the planned or actual subsequent use

or uses of the mining site.

§ 2773.1. (a) Lead agencies shall require financial

assurances of each surface mining operation to ensure

reclamation is performed in accordance with the surface

mining operation's approved reclamation plan, as

follows:

(1) Financial assurances may take the form of surety

bonds executed by an admitted surety insurer, as defined

in subdivision (a) of Section 995.120 of the Code of

Civil Procedure, irrevocable letters of credit, trust funds,

or other forms of financial assurances specified by the

board pursuant to subdivision (e), which the lead agency

reasonably determines are adequate to perform

reclamation in accordance with the surface mining

operation's approved reclamation plan.

(2) The financial assurances shall remain in effect

for the duration of the surface mining operation and any

additional period until reclamation is completed.

(3) The amount of financial assurances required of a

surface mining operation for any one year shall be

adjusted annually to account for new lands disturbed by

surface mining operations, inflation, and reclamation of

lands accomplished in accordance with the approved

reclamation plan.

(4) The financial assurances shall be made payable

to the lead agency and the department. Financial

assurances that were approved by the lead agency prior

to January 1, 1993, and were made payable to the State

Geologist shall be considered payable to the department

for purposes of this chapter. However, if a surface

mining operation has received approval of its financial

assurances from a public agency other than the lead

agency, the lead agency shall deem those financial

assurances adequate for purposes of this section, or shall

credit them toward fulfillment of the financial

assurances required by this section, to the public agency,

to the lead agency, and the department and otherwise

meet the requirements of this section. In any event, if a

lead agency and one or more public agencies exercise

jurisdiction over a surface mining operation, the total

amount of financial assurances required by the lead

agency and the public agencies for any one year shall

not exceed that amount which is necessary to perform

reclamation of lands remaining disturbed. For purposes

of this paragraph, a "public agency" may include a

federal agency.

(b) If the lead agency or the board, following a

public hearing, determines that the operator is

financially incapable of performing reclamation in

accordance with its approved reclamation plan, or

has abandoned its surface mining operation without

commencing reclamation, either the lead agency or

the director shall do all of the following:

(1) Notify the operator by personal service or

certified mail that the lead agency or the director

intends to take appropriate action to forfeit the

financial assurances and specify the reasons for so

doing.

(2) Allow the operator 60 days to commence or

cause the commencement of reclamation in

accordance with its approved reclamation plan and

require that reclamation be completed within the

time limits specified in the approved reclamation

plan or some other time period mutually agreed

upon by the lead agency or the director and the

operator.

(3) Proceed to take appropriate action to

require forfeiture of the financial assurances if the

operator does not substantially comply with

paragraph (2).

(4) Use the proceeds from the forfeited

financial assurances to conduct and complete

reclamation in accordance with the approved

reclamation plan. In no event shall the financial

assurances be used for any other purpose. The

operator is responsible for the costs of conducting

and completing reclamation in accordance with the

approved reclamation plan which are in excess of

the proceeds from the forfeited financial

assurances.

(c) Financial assurances shall no longer be

required of a surface mining operation, and shall be

released, upon written notification by the lead

agency, which shall be forwarded to the operator

and the director, that reclamation has been

completed in accordance with the approved

reclamation plan. If a mining operation is sold or

ownership is transferred to another person, the

existing financial assurances shall remain in force

and shall not be released by the lead agency until

new financial assurances are secured from the new

owner and have been approved by the lead agency

in accordance with Section 2770.

(d) The lead agency shall have primary

responsibility to seek forfeiture of financial

assurances and to reclaim mine sites under

subdivision (b). However, in cases where the board

is not the lead agency pursuant to Section 2774.4,

the director may act to seek forfeiture of financial

assurances and reclaim mine sites pursuant to

subdivision (b) only if both of the following occurs:

(1) The financial incapability of the operator or the

abandonment of the mining operation has come to the

attention of the director.

(2) The lead agency has been notified in writing by

the director of the financial incapability of the operator

or the abandonment of the mining operation for at least

15 days, and has not taken appropriate measures to seek

forfeiture of the financial assurances and reclaim the

mine site; and one of the following has occurred:

(A) The lead agency has been notified in writing by

the director that failure to take appropriate measures to

seek forfeiture of the financial assurances or to reclaim

the mine site shall result in actions being taken against

the lead agency under Section 2774.4.

(B) The director determines that there is a violation

that amounts to an imminent and substantial

endangerment to the public health, safety, or to the

environment.

(C) The lead agency notifies the director in writing

that its good faith attempts to seek forfeiture of the

financial assurances have not been successful.

The director shall comply with subdivision (b) in

seeking forfeiture of financial assurances and reclaiming

mine sites.

(e) The board may adopt regulations specifying

financial assurance mechanisms other than surety bonds,

irrevocable letters of credit, and trust funds, which the

board determines are reasonably available and adequate

to ensure reclamation pursuant to this chapter, but these

mechanisms may not include financial tests, or surety

bonds executed by one or more personal sureties. These

mechanisms may include reclamation bond pool

programs.

(f) On or before March 1, 1993, the board shall

adopt guidelines to implement this section. The

guidelines are exempt from the requirements of Chapter

3.5 (commencing with Section 11340) of Part 1of

Division 3 of Title 2 of the Government Code, and are

not subject to review by the Office of Administrative

Law.

§ 2773.15. Notwithstanding Section 2773.1, a surety

bond that was executed by any personal surety that was

approved by the lead agency prior to February 13, 1998,

to ensure that reclamation is performed in accordance

with a reclamation plan approved by a lead agency prior

to that date, may be utilized to satisfy the requirements

of this chapter, if the amount of the financial

assurance required to perform the approved

reclamation plan, as amended or updated from time

to time, does not change from the amount approved

prior to February 13,1998.

§ 2773.2. (a) The Secretary of the Resources

Agency shall convene a multiagency task force that

shall evaluate the effectiveness of the Cache Creek

Resource Management Plan in achieving the plan’s

objectives concerning the rehabilitation and

restoration of Cache Creek and identify those

aspects of the plan that should be modified or

eliminated to more effectively achieve the goals of

this chapter.

(b) The task force shall consist of nine

members as follows:

(1) A representative of the department.

(2) A representative of the Department of Fish

and Game.

(3) A representative of the State Water

Resources Control Board.

(4) Six members appointed by the Secretary of

the Resources Agency. Of these six members, two

shall be elected officials of a city or county with

active mining operations within its jurisdiction, one

of whom shall represent northern California

interests, and one of whom shall represent southern

California interests; one shall be a person currently

engaged in in-stream mining activities as an

employee or owner of a mining operation; one shall

be a member of the State Mining and Geology

Board; and two shall be members of the scientific

community who are affiliated with a California

institution of higher education. The representative

of the department shall serve as the chairperson of

the task force.

(c) The task force, not later than January 1,

2001, shall recommend to the Secretary of the

Resources Agency any revisions to this chapter or

any other provisions of law, including regulations

of the State Mining and Geology Board, that are

necessary to incorporate regional resource

management plans in the state’s regulation of instream

mine reclamation. The task force

recommendations shall, at a minimum, address all

of the following issues:

(1) Flood control.

(2) Stream bank and channel erosion control.

(3) Slope stability.

(4) Vegetation and revegetation.

(5) The interrelationships of private and public land

ownership along and within streambed areas, including

ownership rights that are or may be ‘‘vested’’ as the

term is used in Section 2776.

(6) The provision of adequate financial assurances

for reclaiming mined areas.

(7) The monitoring of compliance with qualitative

and quantitative measures to regulate mine reclamation

on large segments of streams and rivers.

(8) Cumulative and site specific issues related to

resource management for in-stream mine reclamation.

(d) The department shall only convene the

multiagency task force required pursuant to subdivision

(a) if the costs associated with the operation of the task

force will not diminish the department’s ability to

provide reclamation plan review, financial assurance

review, and field inspections, undertake other

enforcement actions and provide local assistance to

cities or counties under this chapter.

NOTE: Sections 2715.5 and 2773.2 shall not

become operative until such time that the State

Mining and Geology Board approves the County

of Yolo implementing ordinance governing inchannel

noncommercial extraction activities

carried out pursuant to the Cache Creek

Resource Management Plan and notifies the

Secretary of State in writing of that approval.

§ 2774. (a) Every lead agency shall adopt ordinances

in accordance with state policy which establish

procedures for the review and approval of reclamation

plans and financial assurances and the issuance of a

permit to conduct surface mining operations, except that

any lead agency without an active surface mining

operation in its jurisdiction may defer adopting an

implementing ordinance until the filing of a permit

application. The ordinances shall establish procedures

requiring at least one public hearing and shall be

periodically reviewed by the lead agency and revised, as

necessary, to ensure that the ordinances continue to be in

accordance with state policy.

(b) The lead agency shall conduct an inspection of a

surface mining operation within six months of receipt by

the lead agency of the surface mining operation's report

submitted pursuant to Section 2207, solely to determine

whether the surface mining operation is in compliance

with this chapter. In no event shall a lead agency inspect

a surface mining operation less than once in any calendar

year. The lead agency may cause such an inspection to be

conducted by a state-registered geologist, stateregistered

civil engineer, state-licensed landscape

architect, or state-registered forester, who is

experienced in land reclamation and who has not

been employed by the surface mining operation in

any capacity during the previous 12 months. All

inspections shall be conducted using a form

developed by the department and approved by the

board. The operator shall be solely responsible for

the reasonable cost of the inspection. The lead

agency shall notify the director within 30 days of the

date of completion of the inspection that the

inspection has been conducted. The notice shall

contain a statement regarding the surface mining

operation's compliance with this chapter, shall

include a copy of the completed inspection form, and

shall specify which aspects of the surface mining

operations, if any, are inconsistent with this chapter.

If the surface mining operation has a review of its

reclamation plan, financial assurances, or an interim

management plan pending under subdivision (b), (c),

(d), or (h) of Section 2770, or an appeal pending

before the board or lead agency governing body

under subdivision (e) or (h) of Section 2770, the

notice shall so indicate. The lead agency shall

forward to the operator a copy of the notice, a copy

of the completed inspection form, and any

supporting documentation, including, but not limited

to, any inspection report prepared by the geologist,

civil engineer, landscape architect, or forester.

(c) Prior to approving a surface mining

operation's reclamation plan, financial assurances,

including existing financial assurances reviewed by

the lead agency pursuant to subdivision (c) of

Section 2770, or any amendments, the lead agency

shall submit the plan, assurances, or amendments to

the director for review. All documentation for that

submission shall be submitted to the director at one

time. When the lead agency submits a reclamation

plan or plan amendments to the director for review,

the lead agency shall also submit to the director, for

use in reviewing the reclamation plan or plan

amendments, information from any related document

prepared, adopted, or certified pursuant to Division

13 (commencing with Section 21000), and shall

submit any other pertinent information. The lead

agency shall certify to the director that the

reclamation plan is in compliance with the applicable

requirements of Article 1 (commencing with Section

3500) of Chapter 8 of Division 2 of Title 14 of the

California Code of Regulations in effect at the time that

the reclamation plan is submitted to the director for

review.

(d) (1) The director shall have 30 days from the date

of receipt of a reclamation plan or plan amendments

submitted pursuant to subdivision (c), and 45 days from

the date of receipt of financial assurances submitted

pursuant to subdivision (c), to prepare written comments,

if the director so chooses. The lead agency shall evaluate

any written comments received from the director relating

to the reclamation plan, plan amendments, or financial

assurances within a reasonable amount of time.

(2) The lead agency shall prepare a written response

to the director's comments describing the disposition of

the major issues raised. In particular, if the lead agency's

position is at variance with any of the recommendations

made, or objections raised, in the director's comments, the

written response shall address, in detail, why specific

comments and suggestions were not accepted. Copies of

any written comments received and responses prepared by

the lead agency shall be forwarded to the operator.

(3) To the extent that there is a conflict between the

comments of a trustee agency or a responsible agency that

are based on the agency's statutory or regulatory authority

and the comments of other commenting agencies which

are received by the lead agency pursuant to Division 13

(commencing with Section 21000) regarding a

reclamation plan or plan amendments, the lead agency

shall consider only the comments of the trustee agency or

responsible agency.

(e) Lead agencies shall notify the director of the filing

of an application for a permit to conduct surface mining

operations within 30 days of such an application being

filed with the lead agency. By July 1, 1991, each lead

agency shall submit to the director for every active or idle

mining operation within its jurisdiction, a copy of the

mining permit required pursuant to Section 2774, and any

conditions or amendments to those permits. By July 1 of

each subsequent year, the lead agency shall submit to the

director for each active or idle mining operation a copy of

any permit or reclamation plan amendments, as

applicable, or a statement that there have been no changes

during the previous year. Failure to file with the director

the information required under this section shall be cause

for action under Section 2774.4.

§ 2774.1. (a) Except as provided in subdivision (i) of

Section 2770, if the lead agency or the director

determines, based upon an annual inspection pursuant to

Section 2774, or otherwise confirmed by an inspection of

the mining operation, that a surface mining operation

is not in compliance with this chapter, the lead

agency or the director may notify the operator of that

violation by personal service or certified mail. If the

violation extends beyond 30 days after the date of the

lead agency's or the director's notification, the lead

agency or the director may issue an order by personal

service or certified mail requiring the operator to

comply with this chapter or, if the operator does not

have an approved reclamation plan or financial

assurances, cease all further mining activities.

(b) An order issued under subdivision (a) shall

not take effect until the operator has been provided a

hearing before the lead agency for orders issued by

the lead agency, or board for orders issued by the

director, concerning the alleged violation. Any order

issued under subdivision (a) shall specify which

aspects of the surface mine's activities or operations

are inconsistent with this chapter, shall specify a

time for compliance which the lead agency or

director determines is reasonable, taking into account

the seriousness of the violation and any good faith

efforts to comply with applicable requirements, and

shall set a date for the hearing, which shall not be

sooner than 30 days after the date of the order.

(c) Any operator who violates or fails to comply

with an order issued under subdivision (a) after the

order's effective date, as provided in subdivision (b),

or who fails to submit a report to the director or lead

agency as required by Section 2207, shall be subject

to an order by the lead agency or the director

imposing an administrative penalty of not more than

five thousand dollars ($5,000) per day, assessed from

the original date of noncompliance with this chapter

or Section 2207. The penalty may be imposed

administratively by the lead agency or the director.

In determining the amount of the administrative

penalty, the lead agency or the director shall take

into consideration the nature, circumstances, extent,

and gravity of the violation or violations, any prior

history of violations, the degree of culpability,

economic savings, if any, resulting from the

violation, and any other matters justice may require.

Orders setting administrative penalties shall become

effective upon issuance thereof and payment shall be

made to the lead agency or the director within 30

days, unless the operator petitions the legislative

body of the lead agency, the board, or the superior

court for review as provided in Section 2774.2. Any

order shall be served by personal service or by

certified mail upon the operator. Penalties collected by

the director shall be used for no purpose other than to

cover the reasonable costs incurred by the director in

implementing this chapter or Section 2207.

(d) If the lead agency or the director determines that

the surface mine is not in compliance with this chapter, so

that the surface mine presents an imminent and substantial

endangerment to the public health or the environment, the

lead agency or the Attorney General, on behalf of the

director, may seek an order from a court of competent

jurisdiction enjoining that operation.

(e) Upon a complaint by the director, the department,

or the board, the Attorney General may bring an action to

recover administrative penalties under this section, and

penalties under Section 2207, in any court of competent

jurisdiction in this state against any person violating any

provision of this chapter or Section 2207, or any

regulation adopted pursuant to this chapter or Section

2207. The Attorney General may bring such an action on

his or her own initiative if, after examining the complaint

and the evidence, he or she believes a violation has

occurred. The Attorney General may also seek an order

from a court of competent jurisdiction compelling the

operator to comply with this chapter and Section 2207.

(f) The lead agency has primary responsibility for

enforcing this chapter and Section 2207. In cases where

the board is not the lead agency pursuant to Section

2774.4, enforcement actions may be initiated by the

director pursuant to this section only after the violation

has come to the attention of the director and either of the

following occurs:

(1) The lead agency has been notified by the director

in writing of the violation for at least 15 days, and has not

taken appropriate enforcement action.

(2) The director determines that there is a violation

which amounts to an imminent and substantial

endangerment to the public health or safety, or to the

environment.

The director shall comply with this section in

initiating enforcement actions.

(g) Remedies under this section are in addition to, and

do not supersede or limit, any and all other remedies, civil

or criminal.

§ 2774.2. (a) Within 30 days of the issuance of an

order setting administrative penalties under subdivision

(c) of Section 2774.1, the operator may petition that

legislative body of the lead agency, if the lead agency has

issued the order, or the board for orders issued by the

director, for review of the order. If the operator does not

petition for review within the time limits set by this

subdivision, the order setting administrative penalties

shall not be subject to review by any court or agency.

(b) The legislative body of the lead agency or the

board shall notify the operator by personal service or

certified mail whether it will review the order setting

administrative penalties. In reviewing an order

pursuant to this section, the record shall consist of

the record before the lead agency or the director, and

any other relevant evidence which, in the judgment

of the legislative body or the board, should be

considered to effectuate and implement the policies

of this chapter.

(c) The legislative body or the board may affirm,

modify, or set aside, in whole or in part, by its own

order, any order of the lead agency or the director

setting administrative penalties reviewed by the

legislative body or the board pursuant to this section.

(d) Any order of the legislative body or the board

issued under subdivision (c) shall become effective

upon issuance thereof, unless the operator petitions

the superior court for review as provided in

subdivision (e). Any order shall be served by

personal service or by certified mail upon the

operator. Payment of any administrative penalty

which is specified in an order issued under

subdivision (c), shall be made to the lead agency or

the director within 30 days of service of the order;

however, the payment shall be held in an interest

bearing impound account pending the resolution of a

petition for review filed pursuant to subdivision (e).

(e) Any operator aggrieved by an order of the

legislative body or the board issued under

subdivision (c) may obtain review of the order by

filing in the superior court a petition for writ of

mandate within 30 days following the issuance of the

order. Any operator aggrieved by an order of a lead

agency or the director setting administrative

penalties under subdivision (c) of Section 2774.1, for

which the legislative body or board denies review,

may obtain review of the order in the superior court

by filing in the court a petition for writ of mandate

within 30 days following the denial of review. The

provisions of Section 1094.5 of the Code of Civil

Procedure shall govern judicial proceedings pursuant

to this subdivision, except that in every case the

court shall exercise its independent judgment. If the

operator does not petition for a writ of mandate

within the time limits set by this subdivision, an

order of the board or the legislative body shall not be

subject to review by any court or agency.

§ 2774.3. The board shall review lead agency

ordinances which establish permit and reclamation

procedures to determine whether each ordinance is in

accordance with state policy, and shall certify the

ordinance as being in accordance with state policy if it

adequately meets, or imposes requirements more stringent

than, the California surface mining and reclamation

policies and procedures established by the board pursuant

to this chapter.

§ 2774.4. (a) If the board finds that a lead agency

either has (1) approved reclamation plans or financial

assurances which are not consistent with this chapter, (2)

failed to inspect or cause the inspection of surface mining

operations as required by this chapter, (3) failed to seek

forfeiture of financial assurances and to carry out

reclamation of surface mining operations as required by

this chapter, (4) failed to take appropriate enforcement

actions as required by this chapter, (5) intentionally

misrepresented the results of inspections required under

this chapter, or (6) failed to submit information to the

department as required by this chapter, the board shall

exercise any of the powers of that lead agency under this

chapter, except for permitting authority.

(b) If, no sooner than three years after the board has

taken action pursuant to subdivision (a), the board finds,

after a public hearing, that a lead agency has corrected its

deficiencies in implementing and enforcing this chapter,

and the rules and regulations adopted pursuant to this

chapter, the board shall restore to the lead agency the

powers assumed by the board pursuant to subdivision (a).

(c) Before taking any action pursuant to subdivision

(a), the board shall first notify the lead agency of the

identified deficiencies, and allows the lead agency 45

days to correct the deficiencies to the satisfaction of the

board. If the lead agency has not corrected the

deficiencies to the satisfaction of the board within the 45-

day period, the board shall hold a public hearing within

the lead agency's area of jurisdiction, upon a 45-day

written notice given to the public in at least one

newspaper of general circulation within the city or county,

and directly mailed to the lead agency and to all surface

mining operators within the lead agency's

jurisdiction who have submitted reports as required by

Section 2207.

(d) Affected surface mining operators and interested

persons have the right, at the public hearing, to present

oral and written evidence on the matter being

considered. The board may, at the public hearing,

place reasonable limits on the right of affected

surface mining operators and interested persons to

question and solicit testimony.

(e) If, after conducting the public hearing

required by subdivision (c), the board decides to take

action pursuant to subdivision (a) the board shall,

based on the record of the public hearing, adopt

written findings which explain all of the following:

(1) The action to be taken by the board.

(2) Why the board decided to take the action.

(3) Why the action is authorized by, and meets

the requirements of, subdivision (a).

In addition, the findings shall address the

significant issues raised, or written evidence

presented, by affected surface mining operators,

interested persons, or the lead agency. The transcript

of testimony and exhibits, together with all papers

and requests filed in the proceedings, shall constitute

the exclusive record for decision by the board.

(f) The lead agency, any affected surface mining

operator, or any interested person who has presented

oral or written evidence at the public hearing before

the board pursuant to subdivision (d) may obtain

review of the board's action taken pursuant to

subdivision (a) by filing in the superior court a

petition for writ of mandate within 30 days following

the issuance of the board's decision. Section 1094.5

of the Code of Civil Procedure governs judicial

proceedings pursuant to this subdivision, except that

in every case the court shall exercise its independent

judgment. If a petition for a writ of mandate is not

filed within the time limits set by this subdivision,

the board's action under subdivision (a) shall not be

subject to review by any court or agency.

§ 2774.5. (a) If, upon review of an ordinance, the

board finds that it is not in accordance with state

policy, the board shall communicate the ordinance's

deficiencies in writing to the lead agency. Upon

receipt of the written communication, the lead

agency shall have 90 days to submit a revised

ordinance to the board for certification as being in

accordance with state policy. The board shall review

the lead agency's revised ordinance for certification

within 60 days of its receipt. If the lead agency does

not submit a revised ordinance within 90 days, the

board shall assume full authority for reviewing and

approving reclamation plans submitted to the lead

agency until the time the lead agency's ordinances are

revised in accordance with state policy.

(b) If, upon review of a lead agency's revised

ordinance, the board finds the ordinance is still not in

accordance with state policy, the board shall again

communicate the ordinance's deficiencies in writing to the

lead agency. The lead agency shall have a second 90-day

period in which to revise the ordinance and submit it to

the board for review. If the board again finds that the

revised ordinance is not in accordance with state policy or

if no revision is submitted, the board shall assume full

authority for reviewing and approving reclamation plans

submitted to the lead agency until the time the lead

agency's ordinances are revised in accordance with state

policy.

(c) In any jurisdiction in which the lead agency does

not have a certified ordinance, no person shall initiate a

surface mining operation unless a reclamation plan has

been submitted to, and approved by, the board. Any

reclamation plan, approved by a lead agency under the

lead agency's ordinance which was not in accordance with

state policy at the time of approval, shall be subject to

amendment by the board or under the ordinance certified

by the board as being in accordance with state policy.

(d) Reclamation plans approved by the board

pursuant to this section shall not be subject to

modification by the lead agency at a future date but may

be amended by the board. Reclamation plans approved by

the board shall be remanded to the lead agency upon

certification of the lead agency's ordinance, and the lead

agency shall approve the reclamation plan as approved by

the board, except that a subsequent amendment as may be

agreed upon between the operator and the lead agency

may be made according to this chapter. No additional

public hearing shall be required prior to the lead agency's

approval. Nothing in this section shall be construed as

authorizing the board to issue a permit for the conduct of

mining operations.

§ 2775. (a) An applicant whose request for a permit to

conduct surface mining operations in an area of statewide

or regional significance has been denied by a lead agency,

or any person who is aggrieved by the granting of a permit

to conduct surface mining operations in an area of

statewide or regional significance, may, within 15 days of

exhausting his rights to appeal in accordance with the

procedures of the lead agency, appeal to the board.

(b) The board may, by regulation, establish

procedures for declining to hear appeals that it determines

raise no substantial issues.

(c) Appeals that the board does not decline to

hear shall be scheduled and heard at a public hearing

held within the jurisdiction of the lead agency which

processed the original application within 30 days of

the filing of the appeal, or such longer period as may

be mutually agreed upon by the board and the person

filing the appeal. In any such action, the board shall

not exercise its independent judgment on the

evidence but shall only determine whether the

decision of the lead agency is supported by

substantial evidence in the light of the whole record.

If the board determines the decision of the lead

agency is not supported by substantial evidence in

the light of the whole record it shall remand the

appeal to the lead agency and the lead agency shall

schedule a public hearing to reconsider its action.

§ 2776. No person who has obtained a vested

right to conduct surface mining operations prior to

January 1, 1976, shall be required to secure a permit

pursuant to this chapter as long as the vested right

continues and as long as no substantial changes are

made in the operation except in accordance with this

chapter. A person shall be deemed to have vested

rights if, prior to January 1, 1976, he or she has, in

good faith and in reliance upon a permit or other

authorization, if the permit or other authorization

was required, diligently commenced surface mining

operations and incurred substantial liabilities for

work and materials necessary therefor. Expenses

incurred in obtaining the enactment of an ordinance

in relation to a particular operation or the issuance of

a permit shall not be deemed liabilities for work or

materials.

The reclamation plan required to be filed under

subdivision (b) of Section 2770, shall apply to

operations conducted after January 1, 1976, or to be

conducted.

Nothing in this chapter shall be construed as

requiring the filing of a reclamation plan for, or the

reclamation of, mined lands on which surface mining

operations were conducted prior to January 1, 1976.

§ 2777. Amendments to an approved reclamation

plan may be submitted detailing proposed changes

from the original plan. Substantial deviations from

the original plan shall not be undertaken until such

amendment has been filed with, and approved by, the

lead agency.

§ 2778. (a) Reclamation plans, reports, applications,

and other documents submitted pursuant to this chapter

are public records, unless it can be demonstrated to the

satisfaction of the lead agency that the release of that

information, or part thereof, would reveal production,

reserves, or rate of depletion entitled to protection as

proprietary information. The lead agency shall identify

such proprietary information as a separate part of the

application. Proprietary information shall be made

available only to the director and to persons authorized in

writing by the operator and by the owner.

(b) A copy of all reclamation plans, reports,

applications, and other documents submitted pursuant to

this chapter shall be furnished to the director by lead

agencies on request.

§ 2779. Whenever one operator succeeds to the

interest of another in any incompleted surface mining

operation by sale, assignment, transfer, conveyance,

exchange, or other means, the successor shall be bound by

the provisions of the approved reclamation plan and the

provisions of this chapter.

§ 2790. After receipt of mineral information from the

State Geologist pursuant to subdivision (c) of Section

2761, the board may by regulation adopted after a public

hearing designate specific geographic areas of the state as

areas of statewide or regional significance and specify the

boundaries thereof. Such designation shall be included as

a part of the state policy and shall indicate the reason for

which the particular area designated is of significance to

the state or region, the adverse effects that might result

from premature development of incompatible land uses,

the advantages that might be achieved from extraction of

the minerals of the area, and the specific goals and

policies to protect against the premature incompatible

development of the area.

§ 2791. The board shall seek the recommendations of

concerned federal, state, and local agencies, educational

institutions, civic and public interest organizations, and

private organizations and individuals in the identification

of areas of statewide and regional significance.

§ 2792. Neither the designation of an area of regional

or statewide significance nor the adoption of any

regulations for such an area shall in any way limit or

modify the rights of any person to complete any

development that has been authorized pursuant to

Part 2 (commencing with Section 11000) of Division

4 of the Business and Professions Code, pursuant to

the Subdivision Map Act (Division 2 [commencing

with Section 66410] of Title 7 of the Government

Code), or by a building permit or other authorization

to commence development, upon which such person

relies and has changed his position to his substantial

detriment, and, which permit or authorization was

issued prior to the designation of such area pursuant

to Section 2790. If a developer has by his actions

taken in reliance upon prior regulations obtained

vested or other legal rights that in law would have

prevented a local public agency from changing such

regulations in a way adverse to his interests, nothing

in this chapter authorizes any governmental agency

to abridge those rights.

§ 2793. The board may, by regulation adopted

after a public hearing, terminate, partially or wholly,

the designation of any area of statewide or regional

significance on a finding that the direct involvement

of the board is no longer required.

§ 2795. (a) Notwithstanding any other provision

of law, the first two million dollars ($2,000,000) of

moneys from mining activities on federal lands

disbursed by the United States each fiscal year to this

state pursuant to Section 35 of the Mineral Lands

Leasing Act, as amended (30 U.S.C. Sec. 191), shall

be deposited in the Surface Mining and Reclamation

Account in the General Fund, which account is

hereby created, and may be expended, upon

appropriation by the Legislature, for the purposes of

this chapter. However, if in any fiscal year, the

amount of money disbursed to the state pursuant to

Section 35 of the Mineral Lands Leasing Act is less

than twenty million dollars ($20,000,000), then only

the first one million one hundred thousand dollars

($1,100,000) of that money shall be deposited in the

Surface Mining and Reclamation Account for the

next fiscal year.

(b) Proposed expenditures from the account shall

be included in a separate item in the Budget Bill for

each fiscal year for consideration by the Legislature.

Each appropriation from the account shall be subject

to all of the limitations contained in the Budget Act

and to all other fiscal procedures prescribed by law with

respect to the expenditure of state funds.

§ 2796. (a) The Legislature hereby establishes a state

abandoned minerals and mineral materials mine

reclamation program for the purpose of administering

funds received by the state under the Surface Mining

Control and Reclamation Act of 1977, or through

amendments to the federal general mining laws (30

U.S.C. Secs. 1, 12A, 16, 161, and 162, and 602, et seq.).

(b) There is hereby created in the State Treasury, the

Abandoned Mine Reclamation and Minerals Fund. The

money in the fund may be expended, upon appropriation

by the Legislature, as required by federal legislation

amending the federal general mining laws, and for the

following purposes:

(1) Development of an inventory of mined lands,

water, and facilities eligible for reclamation.

(2) Establishment by the director of the abandoned

minerals and mineral materials mine reclamation program

pursuant to the pending federal legislation amending the

federal general mining laws, if enacted, that provides for

all of the following:

(A) (i) Reclamation and restoration of abandoned

surface mined areas.

(ii) For purposes of this subparagraph, "abandoned

surface mined area" means mined lands that meet all of

the following requirements:

(I) Mining operations have ceased for a period of one

year or more.

(II) There is no interim management plan in effect

that meets the requirements of Section 2770.

(III) There are no approved financial assurances that

are adequate to perform reclamation in accordance with

this chapter.

(IV) The mined lands are adversely affected by past

mineral mining, other than mining for coal, oil, and gas,

and mineral material mining.

(B) Reclamation and restoration of abandoned milling

and processing areas.

(C) Sealing, filling, and grading abandoned deep mine

entries.

(D) Planting of land adversely affected by past mining

to prevent erosion and sedimentation.

(E) Prevention, abatement, treatment, and control of

water pollution created by abandoned mine drainage.

(F) Control of surface subsidence due to abandoned

deep mines.

(G) The expenses necessary to accomplish the

purposes of this section.

(3) To the extent those expenditures are allowed

by the applicable statutes:

(A) Grants to lead agencies for the purposes of

carrying out this chapter.

(B) Implementation of this chapter and Section

2207 by the department, which may include an

offsetting reduction in the amount of reporting fees

collected from each active and idle mining operation

and deposited in the Mine Reclamation Account

pursuant to subdivision (d) of the Section 2207, as

determined by the director.

(c) The Abandoned Mine Reclamation and

Minerals Fund shall be the depository for all moneys

from mining activities on federal lands, as follows:

(1) (A) Disbursements made by the United

States each fiscal year to this state pursuant to

Section 35 of the Mineral Lands Leasing Act (30

U.S.C. Sec. 191), with respect to royalties levied on

the production of locatable minerals or mineral

concentrates from any mining claim located on

federal lands in the state pursuant to the pending

federal legislation amending the federal general

mining laws, but excluding oil, gas, and geothermal

revenues.

(B) The federal funds specified in this paragraph

do not include the funds deposited in the Surface

Mining and Reclamation Account pursuant to

Section 2795, the funds deposited in the Geothermal

Resources Development Account pursuant to Section

3820, or the funds deposited in the State School

Fund pursuant to Section 12320 of the Education

Code.

(2) Grants made by the Secretary of the Interior

to this state from the Abandoned Minerals Mine

Reclamation Fund pursuant to the pending federal

legislation amending the federal general mining

laws, for the implementation of an abandoned

minerals and mining materials mine reclamation

program.

(d) The expenditure of money from the

Abandoned Mine Reclamation and Minerals Fund

shall reflect the following priorities and other

priorities as specified in federal statute in the

following ranking:

(1) The protection of public health and safety

and the environment from the adverse effects of past

minerals and mineral materials mining practices.

(2) The protection of property that is in extreme

danger as a result of past minerals and mineral materials

mining practices.

(3) The restoration of land and water resources

previously degraded by the adverse effects of past

minerals and mineral materials mining practices.

(e) Proposed expenditures from the Abandoned Mine

Reclamation and Minerals Fund shall be included in a

separate item in the Budget Bill for each fiscal year for

consideration by the Legislature. Each appropriation from

the fund shall be subject to all the limitations contained in

the Budget Act and to all other fiscal procedures

prescribed by law with respect to the expenditure of state

funds.

NOTE: Section 2796 shall become operative upon the

effective date of any federal legislation which is enacted

requiring the payment of a royalty on the production of

locatable minerals, produced from any mining claim

located or converted on federal lands in this state,

excluding royalties paid on oil, gas, and geothermal lease

activities, and not already subject to disposition under any

of the following:

(1) The Mineral Lands Leasing Act

(30 U.S.C. Sec. 191).

(2) The Geothermal Steam Act of 1970

(30 U.S.C. Sec. 100).

(3) The Materials Act of 1947

(30 U.S.C. Sec. 601).

(4) The Mineral Leasing Act for Acquired Lands (30

U.S.C. Sec. 351).

Public Resources Code Section 2207

(Repealed and added by AB 3551, Chapter 1097, Statutes of 1990, Sher,

Amended by AB 3903, Chapter 1101, Statutes of 1990, Sher, AB 1506, Chapter 845,

Statutes of 1991, Sher, AB 3098, Chapter 1077, Statutes of 1992, Sher, SB 741, Chapter 1287, Statutes of

1993, Rogers, and AB 297, Chapter 869, Statutes of 1999, Thomson)

§ 2207. (a) The owner, lessor, lessee, agent,

manager, or other person in charge of any mining

operation of whatever kind or character within the

state shall forward to the director annually not later

than a date established by the director, upon forms

furnished by the board, a report that identifies all of

the following:

(1) The name, address, and telephone number

of the person, company, or other owner of the

mining operation.

(2) The name, address, and telephone number

of a designated agent who resides in this state, and

who will receive and accept service of all orders,

notices, and processes of the lead agency, board,

director, or court.

(3) The location of the mining operation, its

name, its mine number as issued by the Bureau of

Mines or the director, its section, township, range,

latitude, longitude, and approximate boundaries of

the mining operation marked on a United States

Geological Survey 7 1 /2 -minute or 15-minute

quadrangle map.

(4) The lead agency.

(5) The approval date of the mining operation’s

reclamation plan.

(6) The mining operation’s status as active,

idle, reclaimed, or in the process of being

reclaimed.

(7) The commodities produced by the mine and

the type of mining operation.

(8) Proof of annual inspection by the lead

agency.

(9) Proof of financial assurances.

(10) Ownership of the property, including

government agencies, if applicable, by the

assessor’s parcel number, and total assessed value

of the mining operation.

(11) The approximate permitted size of the

mining operation subject to Chapter 9

(commencing with Section 2710), in acres.

(12) The approximate total acreage of land newly

disturbed by the mining operation during the previous

calendar year.

(13) The approximate total of disturbed acreage

reclaimed during the previous calendar year.

(14) The approximate total unreclaimed disturbed

acreage remaining as of the end of the calendar year.

(15) The total production for each mineral

commodity produced during the previous year.

(16) A copy of any approved reclamation plan and

any amendments or conditions of approval to any

existing reclamation plan approved by the lead agency.

(b) Every year, not later than the date established by

the director, the person submitting the report pursuant to

subdivision (a) shall forward to the lead agency, upon

forms furnished by the board, a report that provides all

of the information specified in paragraphs (1) to (14),

inclusive, of subdivision (a).

(c) Subsequent reports shall include only changes in

the information submitted for the items described in

subdivision (a), except that, instead of the approved

reclamation plan, the reports shall include any

reclamation plan amendments approved during the

previous year. The reports shall state whether review of

a reclamation plan, financial assurances, or an interim

management plan is pending under subdivision (b), (c),

(d), or (h) of Section 2770, or whether an appeal before

the board or lead agency governing body is pending

under subdivision (e) or (h) of Section 2770. The

director shall notify the person submitting the report and

the owner’s designated agent in writing that the report

and the fee required pursuant to subdivision (d) have

been received, specify the mining operation’s mine

number if one has not been issued by the Bureau of

Mines, and notify the person and agent of any

deficiencies in the report within 90 days of receipt. That

person or agent shall have 30 days from receipt of the

notification to correct the noted deficiencies and

forward the revised reports to the director and the lead

agency. Any person who fails to comply with this

section, or knowingly provides incorrect or false

information in reports required by this section, may

be subject to an administrative penalty as provided

in subdivision (c) of Section 2774.1.

(d) (1) The board shall impose, by regulation,

pursuant to paragraph (2), an annual reporting fee

on, and method for collecting annual fees from,

each active or idle mining operation. The maximum

fee for any single mining operation shall not exceed

two thousand dollars ($2,000) annually and shall

not be less than fifty dollars ($50) annually.

(2) (A) The board shall adopt, by regulation, a

schedule of fees authorized under paragraph (1) to

cover the department’s cost in carrying out this

section and Chapter 9 (commencing with Section

2710), as reflected in the Governor’s Budget, and

may adopt those regulations as emergency

regulations. In establishing the schedule of fees to

be paid by each active and idle mining operation,

the fees shall be calculated on an equitable basis

reflecting the size and type of operation. The board

shall also consider the total assessed value of the

mining operation, the acreage disturbed by mining

activities, and the acreage subject to the

reclamation plan.

(B) Regulations adopted pursuant to this

subdivision shall be adopted by the board in

accordance with Chapter 3.5 (commencing with

Section 11340) of Part 1 of Division 3 of Title 2 of

the Government Code. The adoption of any

emergency regulations pursuant to this subdivision

shall be considered necessary to address an

emergency and shall be considered by the Office of

Administrative Law to be necessary for the

immediate preservation of the public peace, health,

safety, and general welfare.

(3) The total revenue generated by the reporting

fees shall not exceed, and may be less than, the

amount of one million dollars ($1,000,000), as

adjusted for the cost ofliving as measured by the

California Consumer Price Index for all urban

consumers, calendar year averages, using the

percentage change in the previous year, beginning

with the 1991-92 fiscal year and annually

thereafter. If the director determines that the

revenue collected during the preceding fiscal year

was greater or less than the cost to operate the

program, the board shall adjust the fees to

compensate for the overcollection or

undercollection of revenues.

(4) The reporting fees established pursuant to this

subdivision shall be deposited in the Mine Reclamation

Account, which is hereby created. Any fees, penalties,

interest, fines, or charges collected by the director or

board pursuant to this chapter or Chapter 9

(commencing with Section 2710) shall be deposited in

the Mine Reclamation Account. The money in the

account shall be available to the department and board,

upon appropriation by the Legislature, solely to carry

out this section and Chapter 9 (commencing with

Section 2710).

(5) In case of late payment of the reporting fee, a

penalty of not less than one hundred dollars ($100) or 10

percent of the amount due, whichever is greater, plus

interest at the rate of 1 1 /2 percent per month, computed

from the delinquent date of the assessment until and

including the date of payment, shall be assessed. New

mining operations that have not submitted a report shall

submit a report prior to commencement of operations.

The new operation shall submit its fee according to the

reasonable fee schedule adopted by the board, and the

month that the report is received shall become that

operation’s anniversary month.

(e) The lead agency may impose a fee upon each

mining operation to cover the reasonable costs incurred

in implementing this chapter and Chapter 9

(commencing with Section 2710).

(f) For purposes of this section, ‘‘mining operation’’

has the same meaning as ‘‘surface mining operation’’ as

defined in Section 2735, unless excepted by Section

2714. For the purposes of fee collections only, ‘‘mining

operation’’ may include one or more mines operated by

a single operator or mining company on one or more

sites, if the total annual combined mineral production

for all sites is less than 100 troy ounces for precious

metals, if precious metals are the primary mineral

commodity produced, or less than 100,000 short tons if

the primary mineral commodity produced is not precious

metals.

(g) Any information in reports submitted pursuant to

subdivision (a) that includes or otherwise indicates the

total mineral production, reserves, or rate of depletion of

any mining operation shall not be disclosed to any

member of the public, as defined in subdivision (f) of

Section 6252 of the Government Code. Other portions of

the reports are public records unless excepted by statute.

Statistical bulletins based on these reports and published

under Section 2205 shall be compiled to show, for the

state as a whole and separately for each lead agency, the

total of each mineral produced therein. In order not to

disclose the production, reserves, or rate of

depletion from any identifiable mining operation,

no production figure shall be published or

otherwise disclosed unless that figure is the

aggregated production of not less than three mining

operations. If the production figure for any lead

agency would disclose the production, reserves, or

rate of depletion of less than three mining

operations or otherwise permit the reasonable

inference of the production, reserves, or rate of

depletion of any identifiable mining operation, that

figure shall be combined with the same such figure

of not less than two other lead agencies without

regard to the location of the lead agencies. The

bulletin shall be published annually by June 30 or

as soon thereafter as practicable.

Public Resources Code Section 2208

(Amended by AB 2943 [Allen, Chapter 999, Statutes of 1992])

§ 2208. The director or a qualified assistant may

at any time enter or examine any and all mines,

quarries, wells, mills, reduction works, refining

works, and other

mineral properties or working plants in this state in order

to gather data to comply with the provisions of this

chapter.

Public Contract Code Section 10295.5

(Amended by AB 3098 [Sher, Chapter 1077, Statutes of 1992]

and AB 723 [Sher, Chapter 278, Statutes of 1993])

10295.5 (a) Notwithstanding any other provision

of law, no state agency shall purchase or utilize sand,

gravel, aggregates, or other minerals produced from

a surface mining operation subject to the Surface

Mining and Reclamation Act of 1975 (Chapter 9

(commencing with Section 2710) of Division 2 of

the Public Resources Code), unless the operation is

identified in the list published pursuant to

subdivision (b) of Section 2717 of the Public

Resources Code as having either of the following:

(1) An approved reclamation plan and financial

assurances covering the affected surface mining

operation.

(2) An appeal pending before the State Mining

and Geology Board pursuant to subdivision (e) of

Section 2770 of the Public Resources Code with

respect to the reclamation plan or financial

assurances.

(b) The Department of General Services shall

revise its procedures and procurement specifications

for state purchases of sand, gravel, aggregates, and

other minerals to ensure maximum compliance with

this section.

(c) For purposes of the section, "minerals"

means any naturally occurring chemical element or

compound, or groups of elements and compounds,

formed from inorganic

processes and organic substances, including, but not

limited to, coal, peat, and bituminous rock, but excluding

geothermal resources, natural gas, and petroleum.

(d) The requirements of this section shall apply to

mining operations on federal lands or Indian lands that are

subject to the Surface Mining and Reclamation Act of

1975 (Chapter 9 (commencing with Section 2710) of

Division 2 of the Public Resources Code) pursuant to a

memorandum of understanding between the Department

of Conservation and the federal agency having

jurisdiction over the lands.

(e)(1) This section does not apply to construction or

maintenance contracts if the contractor has entered into a

written subcontract, executed prior to July 1, 1993, for the

purchase of materials from a mine operator that would not

otherwise qualify under the list published pursuant to

subdivision (b) of Section 2717 of the Public Resources

Code.

(2) This subdivision shall become inoperative on July

1, 1996.

(f) This section shall become operative on

July 1, 1993.

See Water Code Section 13397 et seq.

(Added by SB 1108 [Leslie, Chapter 878, Statutes of 1995])

NOTE: While this section amends the California

Water Code, liabilities under the federal Clean Water

Act may remain until similar federal amendments are

adopted.

§ 3500. Purpose. It is the purpose of this

subchapter to establish state policy for the

reclamation of mined lands and the conduct of

surface mining operations in accord with the general

provisions set forth in Public Resources Code,

Division 2, Chapter 9, Section 2710 et seq. (Surface

Mining and Reclamation Act of 1975, as amended by

Statutes of 1980).

Note: Authority cited: Section 2755, Public

Resources Code. Reference: Sections 2710-2795,

Public Resources Code.

§ 3501. Definitions. The following definitions

as used herein shall govern the interpretation of these

regulations:

Agricultural Activity. The cultivation and tillage

of the soil, dairying, the production, cultivation,

growing and harvesting of any agricultural

commodity, the raising of livestock or poultry, and

any practices performed by a farmer or on a farm as

incident to or in conjunction with those farming

operations, including preparation of these products

for market.

Angle of Repose. The maximum angle of slope

(measured from horizontal plane) at which loose

cohesionless material will come to rest on a pile of

similar material.

Backfill. Earth, overburden, mine waste or

imported material used to replace material removed

during mining.

Borrow Pits. Excavations created by the surface

mining of rock, unconsolidated geologic deposits or

soil to provide material (borrow) for fill elsewhere.

Critical Gradient. The maximum stable

inclination of an unsupported slope under the most

adverse conditions that it will likely experience, as

determined by current engineering technology.

Excavations for On-Site Construction. Earth

material moving activities that are required to

prepare a site for construction of structures,

landscaping, or other land improvements (such as

excavation, grading, compaction, and the creation of

fills and embankments), or that in and of themselves

constitute engineered works (such as dams, road

cuts, fills, and catchment basins).

Grading. To bring an existing surface to a designed

form by cutting, filling, and/or smoothing operations.

Minerals. Any naturally occurring chemical element

or compound, or groups of elements and compounds,

formed from inorganic processes and organic substances,

including, but not limited to, coal, peat, and bituminous

rock, but excluding geothermal resources, natural gas, and

petroleum.

Person. Any individual, firm, association,

corporation, organization, or partnership, or any city,

county, district, or the state or any department or agency

thereof.

Reclamation Plan. The applicant’s (operator’s)

completed and approved plan for reclaiming the lands

affected by his surface mining operations conducted after

January 1, 1976, as called for in Section 2772 of the Act.

Resoiling. The process of artificially building or

reconstructing a soil profile.

Stream Bed Skimming. Excavation of sand and gravel

from stream bed deposits above the mean summer water

level or stream bottom, whichever is higher.

Surface Mining Operations. In addition to the

provisions of Section 2735 of the Act, borrow pitting,

streambed skimming, segregation and stockpiling of

mined materials (and recovery of same) are deemed to be

surface mining operations unless specifically excluded

under Section 2714 of the Act or Section 3505 of these

regulations.

Temporarily Deactivated Operation. A surface mine

that has been closed down and that the operator has

maintained in the expectation of reopening it when the

conditions justify.

Topsoil. The upper part of the soil profile that is

relatively rich in humus, which is technically known as

the A-horizon of the soil profile.

NOTE: Authority cited: Section 2755, Public Resources

Code. Reference: Sections 2726-2735, Public Resources

Code.

§ 3502. The Reclamation Plan.

(a) Objectives. Reclamation plans shall be developed

to attain the objectives of Public Resources Code Section

2712(a)-(c).

(b) Reclamation Plan Elements. In addition to the

information required by Public Resources Code Section

2772, the following elements shall be included in the

reclamation plan:

(1) The environmental setting of the site of

operations and the effect that possible alternate

reclaimed site conditions may have upon the existing

and future uses of surrounding lands.

(2) The public health and safety, giving

consideration to the degree and type of present and

probable future exposure of the public to the site.

(3) The designed steepness and proposed

treatment of the mined lands’ final slopes shall take

into consideration the physical properties of the

slope material, its probable maximum water content,

landscaping requirements, and other factors. In all

cases, reclamation plans shall specify slope angles

flatter than the critical gradient for the type of

material involved. Whenever final slopes approach

the critical gradient for the type of material involved,

regulatory agencies shall require an engineering

analysis of the slope stability. Special emphasis on

slope stability and design shall be necessary when

public safety or adjacent property may be affected.

(4) Areas mined to produce additional materials

for backfilling and grading, as well as settlement of

filled areas, shall be considered in the reclamation

plan. Where ultimate site uses include roads,

building sites, or other improvements sensitive to

settlement, the reclamation plans shall include

compaction of the fill materials in conformance with

good engineering practice.

(5) Disposition of old equipment.

(6) Temporary stream or watershed diversions.

(c) Adequacy. In judging the adequacy of a

particular reclamation plan in meeting the

requirements described herein and within the Act,

the lead agency shall consider the physical and landuse

characteristics of the mined lands and their

surrounding area pursuant to Public Resources Code

Section 2773.

NOTE: Authority cited: Section 2755, Public

Resources Code. Reference: Sections 2712(a)-(c),

2756-2757, 2770 and 2772-2773, Public Resources

Code.

§ 3503. Surface Mining and Reclamation

Practice.

The following are minimum acceptable practices

to be followed in surface mining operations:

(a) Soil Erosion Control.

(1) The removal of vegetation and overburden, if

any, in advance of surface mining shall be kept to the

minimum.

(2) Stockpiles of overburden and minerals shall be

managed to minimize water and wind erosion.

(3) Erosion control facilities such as retarding basins,

ditches, streambank stabilization, and diking shall be

constructed and maintained where necessary to control

erosion.

(b) Water Quality and Watershed Control.

(1) Settling ponds or basins shall be constructed to

prevent potential sedimentation of streams at operations

where they will provide a significant benefit to water

quality.

(2) Operations shall be conducted to substantially

prevent siltation of ground-water recharge areas.

(c) Protection of Fish and Wildlife Habitat. All

reasonable measures shall be taken to protect the habitat

of fish and wildlife.

(d) Disposal of Mine Waste Rock and Overburden.

Permanent piles or dumps of mine waste rock and

overburden shall be stable and shall not restrict the natural

drainage without suitable provisions for diversion.

(e) Erosion and Drainage. Grading and revegetation

shall be designed to minimize erosion and to convey

surface runoff to natural drainage courses or interior

basins designed for water storage. Basins that will store

water during periods of surface runoff shall be designed

to prevent erosion of spillways when these basins have

outlet to lower ground.

(f) Resoiling. When the reclamation plan calls for

resoiling, coarse hard mine waste shall be leveled and

covered with a layer of finer material or weathered waste.

A soil layer shall then be placed on this prepared surface.

Surface mines that did not salvage soil during their initial

operations shall attempt, where feasible, to upgrade

remaining materials. The use of soil conditioners,

mulches, or imported topsoil shall be considered where

revegetation is part of the reclamation plan and where

such measures appear necessary. It is not justified,

however, to denude adjacent areas of their soil, for any

such denuded areas must in turn be reclaimed.

(g) Revegetation. When the reclamation plan calls for

revegetation the available research addressing

revegetation methods and the selection of species having

good survival characteristics, for the topography, resoiling

characteristics, and climate of the mined areas shall be

used.

NOTE: Authority cited: Section 2755, Public Resources

Code. Reference: Sections 2756 and 2757, Public

Resources Code.

§ 3504. Administration by Lead Agency.

(a) Record Keeping. The lead agency shall

establish and maintain inhouse measures and

procedures to ensure organized record-keeping and

monitoring of surface mining reclamation under its

jurisdiction. The lead agency shall forward a copy of

each permit and approved reclamation plan to the

California Division of Mines and Geology

(Sacramento).

(b) Performance Assurances. The lead agency

shall ensure that the objectives of the reclamation

plan will be attained. This may include provisions

for liens, surety bonds or other security, to guarantee

the reclamation in accordance with the approved

reclamation plan.

NOTE: Authority cited: Section 2755, Public

Resources Code. Reference: Sections 2757, 2758(b),

2774(a) and 2778, Public Resources Code.

§ 3505. Special Provisions.

(a) Exemptions.

(1) In addition to the provisions of Public

Resources Code Section 2714(a), (c) and (d), any

surface mining operation that does not involve either

the removal of a total of more than 1000 cubic yards

of minerals, ores, and overburden, or involve more

than one acre in any one location, shall be exempt

from the provisions of the Act.

(2) The purpose of this subdivision is to define

the criteria of a "flood control facility," the clean out

of which is exempt from the requirements of the

Surface Mining and Reclamation Act of 1975 under

PRC 2714(a) and (b). It is intended that cleaning out

of a previously engineered, constructed facility for

which approved design plans exist is an activity to

restore the usefulness of that flood control facility to

its original design purpose. It is not the intent of this

subsection to exempt the removal of materials from

natural channels.

The removal of post construction accumulated

materials from a responsible public agency approved,

managed, engineered, constructed facility intended

for the purpose of water retention or detention,

debris retention, or from a flood water conveyance,

where the post extraction condition, capacity or

grade of the facility or conveyance does not exceed

the as-built approved design specification contained

in the approved documents for the facility or

conveyance, shall be exempt from the provisions of

the Act.

(3) The excavation, grading, or transportation of

mineral materials, including overburden, exclusive of

commercial surface mining activities as defined in Public

Resources Code Section 2714(d), that is wholly integral

and necessary to the conduct of agricultural activities

either onsite or on non-contiguous parcels, shall meet the

requirements of Public Resources Code Section 2714(a)

for farming excavations or grading. This exemption does

not apply to the exportation of mineral materials,

including overburden, from the property that is in excess

of 1,000 cubic yards for commercial purposes.

(b) Vested Rights. The permit and reclamation plan

requirements for persons with vested rights are stated in

Public Resources Code Section 2776.

Where a person with vested rights continues surface

mining in the same area subsequent to January 1, 1976, he

shall obtain an approval of a reclamation plan covering

the mined lands disturbed by such subsequent surface

mining. In those cases where an overlap exists (in the

horizontal and/or vertical sense) between pre- and post-

Act mining, the reclamation plan shall call for reclamation

proportional to that disturbance caused by the mining

after the effective date of the Act.

NOTE: Authority cited: Sections 2714(d) and 2755,

Public Resources Code. Reference: Sections 2714,

2758(c) and 2776, Public Resources Code.

§ 3625. Purpose of Regulations.

The regulations contained in this article govern

procedures affecting appeals to the Board on the

approval or denial of a permit to conduct surface mining

operations by a city or county, hereinafter referred to as

the "lead agency," in an area designated as containing

mineral deposits of statewide or regional significance

pursuant to the provisions of Section 2775, Public

Resources Code (PRC 2775).

NOTE: Authority cited: Section 2775, Public Resources

Code. Reference: Section 2775, Public Resources Code.

§ 3627. Determination of Jurisdiction.

The Chairman of the Mining and Geology Board, or

the Chairman's designee, shall determine whether the

appeal is within the jurisdiction of the Board for

purposes of hearing the appeal, and determine whether

the appellant's challenge raises substantial issues with

respect to the action taken to approve or deny the permit

to conduct surface mining operations by the lead agency.

If the Chairman finds, based upon the criteria stated in

(a) plus (b) below, that the appeal raises no

substantial issues with respect to the action taken

by the lead agency to approve or deny the permit to

conduct surface mining operations in a designated

area, he or she shall refuse to grant a hearing on an

appeal. In making this determination, the Chairman

shall consider the following:

(a) Whether the appeal raises any issues which

legally can be addressed by the Board within the

limits of the Public Resources Code and the rules of

the Board; and

(b) Whether the appeal specifically relates to

the approval or denial of a permit to conduct

surface mining operations in an area designated by

the Board as being of statewide or regional

significance. The Chairman of the Board shall

make such determination within 15 days of receipt

of the information required by Section 3626 of this

article, and shall notify the appellant and the lead

agency of the determination by certified mail.

§ 3628. Administrative Record.

(a) Once a determination has been made that an

appeal is within the jurisdiction of the Board for

purposes of hearing the appeal, the appellant shall

submit three certified copies for the complete

administrative record, which shall include, but not

be limited to, all of the following information.

(1) Project application and complete, detailed

description of the proposed project, including

conditions added for mitigation of environmental

impacts;

(2) Location and site description maps

submitted to the lead agency as part of the

application process;

(3) All reports, findings, communications,

correspondence, and statements in the file of the

lead agency relating to the project; and

(4) Written transcripts of all public hearings

related to the decision of the lead agency.

(b) In cases where the appellant is faced with

substantial delay in gathering the administrative

record due to internal procedures of the lead

agency, the appellant shall so notify the Board in

writing and the Board may require the lead agency

to immediately submit three copies of the

administrative record to the Board for purposes of

hearing the appeal without undue delay.

(c) Failure to produce the administrative record

upon request of the Board within 30 days shall be

deemed grounds to remand the appeal to the lead agency

for reconsideration.

NOTE: Authority cited: Section 2772, 2773, Public

Resources Code. Reference: Section 2775, Public

Resources Code.

§ 3629. Hearing Procedures-Scheduling.

The Board shall schedule and hold a public hearing

on an appeal no later than 30 days from the filing of the

complete administrative record, or at such time as may

be mutually agreed upon by the Board and the appellant.

In no case shall the hearing be scheduled beyond 180

days of the receipt of the complete administrative record

without the concurrence of the Board, the appellant, and

the project proponent (when not the same person as the

appellant). The hearing may be scheduled as part of a

regular business meeting of the Board or may be

conducted by a committee of the Board.

NOTE: Authority cited: Section 2775, Public Resources

Code. Reference: Section 2775, Public Resources Code.

§ 3630. Hearing Procedures-Authority for

Delegation.

The Board may delegate conduct of the hearing to a

committee of at least two members to be appointed for

that hearing by the Chairman of the Board. The

Chairman of the Board or the Chairman's designee shall

conduct the hearing; the recommendations of the

committee shall be presented to a quorum of the Board

at its next regular business meeting for a decision of the

full Board consistent with the procedures set forth in

Section 3634 of these regulations.

NOTE: Authority cited: Section 2775, Public Resources

Code. Reference: Section 2775, Public Resources Code.

§ 3631. Hearing Procedures-Notice.

(a) At least 10 working days prior to the hearing, the

Board shall give public notice as follows:

(1) Mailing the notice to the lead agency, the

appellant, and the project proponent (when not the same

person as the appellant);

(2) Mailing the notice to any person who requests

notice of the appeal or hearing;

(3) Mailing the notice to the Board's regular mailing

list; and

(4) Posting of the notice in a place where notices are

customarily posted in the city or county jurisdiction

within which the proposed surface mining operations are

to take place.

(b) The notice of hearing shall include the

following:

(1) The name of the appellant;

(2) Identification of the proposed surface

mining operation, a brief description of the location

of the operation by reference to any commonly

known landmarks in the area, and a simple location

map indicating the general location of the

operation;

(3) A statement that the appellant has appealed

the lead agency's decision to approve or deny the

project and has requested the Board hear the

appeal;

(4) A statement inviting the appellant, the lead

agency, the project proponent (when not the same

person as the appellant), and the public to make

statements at the hearing regarding the decision of

the lead agency; and

(5) The time, date, and location of the public

hearing.

NOTE: Authority cited: Section 2775, Public

Resources Code. Reference: Section 2775, Public

Resources Code.

§ 3632. Hearing Procedures-Record.

The record before the Board at the public

hearing shall be the administrative record submitted

pursuant to Sections 3626 and 3628 of this article.

NOTE: Authority cited: Section 2775, Public

Resources Code. Reference: Section 2775, Public

Resources Code.

§ 3633. Hearing Procedures-Sequence.

(a) The public hearing should normally proceed

in the following manner:

(1) Identification of the record;

(2) Statements on behalf of the appellant;

(3) Statements on behalf of the lead agency;

(4) Statements on behalf of the project

proponent (when not the same person as the

appellant);

(5) Statements on behalf of the public;

(6) Rebuttal on behalf of the appellant; and

(7) Motion to close the public hearing.

(b) Notwithstanding the above, the Chairman or

the Chairman's designee for purposes of conducting

the hearing may in the exercise of discretion,

determine the order of the proceedings.

(c) The Chairman or the Chairman's designee

may impose reasonable time limits upon statements

and presentations and may accept written

statements in lieu of oral statements. Written statements

must be submitted to the Board at least five days prior to

the hearing.

(d) The public hearing shall be recorded either

electronically or by other convenient means.

NOTE: Authority cited: Section 2775, Public Resources

Code. Reference: Section 2775, Public Resources Code.

§ 3634. Hearing Procedures - Determination.

Following the public hearing, the Board shall

determine whether, upon the record before it, the lead

agency decision was made based on substantial evidence

in light of the whole record. Notification of the Board's

determination shall be made by certified mail to the

appellant, the lead agency, and the project proponent

(when not the same person as the appellant) within 15

days following the regular business meeting of the

Board at which the decision is made.

NOTE: Authority cited: Section 2775, Public Resources

Code. Reference: Section 2775, Public Resources Code.

§ 3650. Filing of Intent to Appeal.

Any surface mining operator filing an appeal to the

Board pursuant to PRC 2770 shall, within 15 days of

exhausting his rights to appeal in accordance with the

procedures of the lead agency, file an intent to appeal by

submitting the following information:

(a) A map indicating the exact location of the

surface mining operation, including township and range.

(b) A copy of all documents which together were

proposed to serve as the reclamation plan and which

were submitted to the lead agency for review and

approval pursuant to PRC 2770.

(c) Written statements with supporting

documentation indicating the basis for the appellant's

challenge of:

(1) the lead agency's action to deny approval of the

reclamation plan submitted pursuant to PRC 2770; or

(2) the lead agency's failure to act according to due

process; or

(3) the lead agency's failure to act within a

reasonable period of time of submittal of a completed

application.

(d) Copy of notice to the lead agency that the

appellant intends to file an appeal to the Board.

NOTE: Authority cited: Section 2770, Public Resources

Code. Reference: Section 2770(c)-(e), Public

Resources Code.

§ 3651. Determination of Jurisdiction.

The Chairman of the Mining and Geology

Board, or the Chairman's designee (Board

Member), shall determine whether the appeal is

within the jurisdiction of the Board for purposes of

hearing the appeal, and determine whether the

appellant's challenge raises substantial issues

related to the lead agency's review of reclamation

plans submitted for surface mining operations

pursuant to the provisions of PRC 2770. If the

Chairman finds, based upon the criteria stated in (a)

plus (b) below, that the appeal raises no substantial

issues with respect to the lead agency's review of

reclamation plans submitted for vested surface

mining operations pursuant to the provisions of

PRC 2770, he or she shall refuse to grant a hearing

on the appeal. In making these determinations, the

Chairman shall consider the following:

(a) Whether the appeal raises any issues which

can legally be addressed by the Board within the

limits of PRC 2770(e) and the rules of the Board;

and

(b) Whether the appeal specifically relates to

the lead agency's review of reclamation plans

submitted for vested surface mining operations

pursuant to the provisions of PRC 2770.

NOTE: Authority cited: Section 2770, Public

Resources Code. Reference: Section 2770(c)-(e),

Public Resources Code.

§ 3652. Administrative Record.

(a) Once the appellant has been notified that a

determination has been made that an appeal is

within the jurisdiction of the Board for purposes of

hearing the appeal, the appellant shall submit three

certified copies of the complete administrative

record, which shall include, but not be limited to,

all of the following information:

(1) All documents which together are proposed

to serve as the reclamation plan and which were

submitted to the lead agency for review and

approval pursuant to PRC 2770;

(2) Location and site description maps

submitted to the lead agency as part of the

reclamation plan application;

(3) Environmental documentation prepared

pursuant to the provisions of the California

Environmental Quality Act (CEQA), PRC Sections

21000 et seq., including conditions added for mitigation

of environmental impacts, if any;

(4) A copy of the lead agency surface mining and

reclamation ordinance under which the reclamation plan

may have been judged pursuant to PRC 2770;

(5) All reports, findings, communications,

correspondence, and statements in the file of the lead

agency relating to the proposed reclamation plan; and

(6) Written transcripts of all public hearings related

to the lead agency review for approval of the

reclamation plan pursuant to PRC Section 2770.

(b) Should the lead agency choose not to complete

an environmental review of the project pursuant to the

provisions of CEQA, or should the Board deem such

review inadequate under the provisions of CEQA, the

record will not be considered complete until an adequate

CEQA review is completed.

(1) In those instances in which the Board is the

CEQA lead agency, the Board shall be responsible for

the preparation of new or supplemental environmental

documents.

(2) Pursuant to PRC Section 15045, appellants shall

bear any costs relating to preparation and completion of

any required environmental documents.

(c) If the appellant is unable to obtain the

administrative record from the lead agency within 10

working days, the appellant shall so notify the Board in

writing and the Board may require the lead agency to

immediately submit three copies of the administrative

record to the Board for purposes of hearing the appeal

without undue delay.

(d) Failure of the lead agency to produce the

administrative record upon request of the Board within

30 days shall be deemed grounds for Board action based

on information provided solely by the appellant.

NOTE: Authority cited: Section 2770, Public Resources

Code. Reference: Sections 2770(c)-(e) and 21000 et

seq., Public Resources Code; and Section 15000 et seq.,

California Code of Regulations.

§ 3653. Technical Review for Adequacy of

Reclamation Plan.

(a) The Board may consult with the technical staff

of the Department of Conservation's Mine Reclamation

Program, for determination of the adequacy of

reclamation plans prepared for surface mining

operations that are appealed to the Board. Preliminary

determination of technical adequacy shall be based on,

but shall not be limited to, the following:

(1) Substantial compliance with the

requirements of PRC Sections 2772 and 2773;

(2) Substantial compliance with the

requirements of Board rules and regulations (14

CCR 3500 et seq);

(3) Substantial compliance with the reclamation

provisions of the lead agency surface mining and

reclamation ordinance as certified by the Board

pursuant to the provisions of PRC 2774; and

(4) Whether the proposed reclamation plan is

technically feasible given the scope of the mining

operations.

(b) The determination of whether substantial

compliance with PRC Sections 2772 and 2773, 14

CCR Sections 3500 et seq, and the Board-certified

lead agency surface mining and reclamation

ordinance have been met shall be based on whether

all elements of these provisions that are necessary

to ensure viable, planned reclamation of a

particular site are included and are technically

feasible so as to satisfy the objectives of the

Surface Mining and Reclamation Act. For

example, a description of revegetation efforts might

not be necessary for a pit to be used as a landfill,

just as a description of final slope angles may not

be necessary for a gravel bar skimming operation.

In other sites, however, such information may be

critical. In all cases, a site visit by the technical

staff of the Department of Conservation's Mine

Reclamation Program shall be made before

substantial compliance is determined.

NOTE: Authority cited: Section 2770, Public

Resources Code. Reference: Sections 2770(c)-(e)

and 2774, Public Resources Code.

§ 3654. Hearing Procedures - Scheduling.

The Board shall schedule and hold a public

hearing on an appeal no later than 45 days from the

filing of the complete administrative record, or at

such time as may be mutually agreed upon by the

Board and the appellant. The hearing may be

scheduled as part of a regular business meeting of

the Board or may be conducted by a committee of

the Board. The Board shall endeavor to schedule

such public hearings in the jurisdiction from which

the appeal originated, but may otherwise schedule

such appeals to be heard in Sacramento.

NOTE: Authority cited: Section 2770, Public

Resources Code. Reference: Sections 2770(c)-(e),

Public Resources Code.

§ 3655. Hearing Procedures - Authority for

Delegation.

The Board may delegate conduct of the hearing to a

committee of at least two members of the Board to be

appointed for that hearing by the Chairman of the Board.

The Chairman of the Board or the Chairman's designee

(Board Member) shall conduct the hearing; the

recommendations of the committee shall be presented to

a quorum of the Board at its next regular business

meeting for a decision of the full Board consistent with

the procedures set forth in Section 3659 of these

regulations.

NOTE: Authority cited: Section 2770, Public Resources

Code. Reference: Sections 2770(c)-(e), Public

Resources Code.

§ 3656. Hearing Procedures - Notice.

(a) At least 10 working days prior to the hearing, the

Board shall give public notice as follows:

(1) Mailing the notice to the lead agency and to the

appellant;

(2) Mailing the notice to any person who requests

notice of the appeal or hearing;

(3) Mailing the notice to the Board's regular mailing

list; and

(4) Posting of the notice in a place where notices are

customarily placed within the jurisdiction of the lead

agency.

(b) The notice of hearing shall include the

following:

(1) The name of the appellant;

(2) Identification of the proposed reclamation plan,

a brief description of the location of the surface mining

operation for which the reclamation plan was prepared

by reference to any commonly known landmarks in the

area, and a simple location map indicating the general

location of the operation;

(3) A statement that the appellant has appealed the

lead agency's decision to deny approval of the

reclamation plan, or that the lead agency is being

challenged based on failure to act according to due

process, or that the lead agency is being challenged

based on failure to act within a reasonable period of

time;

(4) A statement explaining that the Board may

approve or deny approval of the reclamation plan, and

that if the reclamation plan is denied approval, it shall be

returned to the operator who then must revise it and

resubmit the revised plan to the lead agency within 30

days of receipt from the Board;

(5) A statement inviting the appellant, the lead

agency, and the public to make statements at the

hearing regarding the action (or inaction) of the

lead agency; and

(6) The time, date, and location of the public

hearing.

NOTE: Authority cited: Section 2770, Public

Resources Code. Reference: Sections 2770(c)-(e),

Public Resources Code.

§ 3657. Hearing Procedures - Record.

The record before the Board at the public

hearing shall be the administrative record submitted

pursuant to Sections 3650 and 3652 of this article,

together with any findings from the technical

review pursuant to Section 3653 of this article, and

any CEQA documents prepared pursuant to Section

3652 of this article.

NOTE: Authority cited: Section 2770, Public

Resources Code. Reference: Sections 2770(c)-(e)

and 2774, Public Resources Code.

§ 3658. Hearing Procedures - Sequence.

(a) The public hearing shall normally proceed

in the following manner:

(1) Identification of the record;

(2) Statements on behalf of the appellant;

(3) Statements on behalf of the lead agency;

(4) Statements on behalf of the public;

(5) Rebuttal on behalf of the appellant; and

(6) Motion to close the public hearing.

(b) Notwithstanding the above, the Chairman or

the Chairman's designee (Board Member) for

purposes of conducting the hearing may in the

exercise of discretion, determine the order of the

proceedings.

(c) The Chairman or the Chairman's designee

(Board Member) shall have the authority to impose

time limits upon statements and presentations and

accept written statements in lieu of oral statements.

Written statements must be submitted to the Board

at least five days prior to the hearing.

(d) The public hearing shall be recorded.

NOTE: Authority cited: Section 2770, Public

Resources Code. Reference: Sections 2770(c)-(e),

Public Resources Code.

§ 3659. Hearing Procedures - Determination.

Following the public hearing, the Board shall

determine whether, based on the record before it, the

proposed reclamation plan substantially meets the

requirements of PRC 2772 and 2773 and the lead agency

surface mining and reclamation ordinance, and the

provisions of Section 3654 of this article. Notification

of the Board's determination shall be made by certified

mail to the appellant and the lead agency within 15 days

following the regular business meeting of the Board at

which the decision is made. In cases where the

reclamation plan is not approved, deficiencies shall be

noted in the correspondence notifying the appellant and

the lead agency of the Board's decision, and the operator

shall be put on notice that deficiencies must be corrected

and a revised reclamation plan filed with the lead

agency within 30 days.

NOTE: Authority cited: Section 2770, Public Resources

Code. Reference: Sections 2770(c)-(e), 2772, 2773 and

2774, Public Resources Code.

§ 3675. Definitions. The following definitions as

used herein shall govern the interpretation of these

regulations:

Compatible Land Use. Land uses inherently

compatible with mining and/or that require a minimum

public or private investment in structures, land

improvements, and which may allow mining because of

the relative economic value of the land and its

improvements. Examples of such uses may include, but

shall not be limited to, very low density residential,

geographically extensive but low impact industrial,

recreational, agricultural, silvicultural, grazing, and open

space.

Incompatible Land Use. Land uses inherently

incompatible with mining and/or that require public or

private investment in structures, land improvements, and

landscaping and that may prevent mining because of the

greater economic value of the land and its improvements.

Examples of such uses may include, but shall not be

limited to, high density residential, low density residential

with high unit value, public facilities, geographically

limited but impact intensive industrial, and commercial.

NOTE: Authority cited: Section 2755, Public Resources

Code. Reference: Sections 2761-2762, Public Resources

Code.

§ 3676. Mineral Resource Management Policies.

Lead agency mineral resource management policies

adopted pursuant to the provisions of PRC Section

2762 shall include but not be limited to, the

following:

(a) A summary of the information provided by

the classification and/or designation reports, or

incorporation of PRC Sections 2710 et seq., and state

policy by reference, together with maps of the

identified mineral deposits or incorporation by

reference of the classification and/or designation

maps provided by the Board.

(b) Statements of policy in accordance with the

provisions of PRC Section 2762(a).

(c) Implementation measures that shall include:

(1) Reference in the general plan of the location

of identified mineral deposits, and a discussion of

those areas targeted for conservation and possible

future extraction by the lead agency.

(2) Use of overlay maps or inclusion of

information on any appropriate planning maps to

clearly delineate identified mineral deposits and

those areas targeted by the lead agency for

conservation and possible future extraction.

(3) At least one of the following:

(A) Use of special purpose overlay zones,

mineral resource/open space zoning, or any other

appropriate zoning that identifies the presence of

identified mineral deposits and restricts the

encroachment of incompatible land uses in those

areas that are to be conserved.

(B) Record, on property titles in the affected

mineral resource areas, a notice identifying the

presence of identified mineral deposits.

(C) Impose conditions upon incompatible land

uses in and surrounding areas containing identified

mineral deposits for the purpose of mitigating the

significant land use conflicts prior to approving a use

that would otherwise be incompatible with mineral

extraction.

NOTE: Authority cited: Section 2755, Public

Resources Code. Reference: Sections 2757 and

2761-63, Public Resources Code.

§ 3680. Purpose of Regulations.

The regulations contained in this article govern

procedures for appeals to the State Mining and

Geology Board ("the Board") concerning financial

assurances for reclamation of existing surface

mining operations under section 2770 of the Public

Resources Code.

NOTE: Authority cited: Sections 2755 and 2770, Public

Resources Code. Reference: Section 2770, Public

Resources Code.

§ 3681. Filing of Intent to Appeal.

Any person filing an appeal to the Board pursuant to

section 2770 of the Public Resources Code concerning

financial assurances for reclamation shall, within 15

days of exhausting his or her right to appeal in

accordance with the procedures of the lead agency, file a

notice of intent to appeal by submitting the following

information:

(1) A map indicating the exact location of the

surface mining operation, including township and range.

(2) A copy of all documents which together

comprise the financial assurances for reclamation which

are the subject of the appeal.

(3) Written statements, with supporting

documentation, indicating the basis for the appellant's

challenge of the action or inaction by the lead agency

concerning financial assurances for reclamation.

(4) Copy of the notice to the lead agency that the

appellant intends to file an appeal with the Board.

NOTE: Authority cited: Sections 2755 and 2770, Public

Resources Code. Reference: Section 2770, Public

Resources Code.

§ 3682. Determination of Jurisdiction.

The Chairman of the Board, or the Chairman's

designee (Board Member), shall determine whether the

appeal is within the jurisdiction of the Board for

purposes of hearing the appeal, and determine whether

the appellant's challenge raises any substantial issues

related to the review by the lead agency of financial

assurances for reclamation for existing surface mining

operations pursuant to Public Resources Code section

2770. If the Chairman finds, based on the criteria stated

in (a) through (c) below, that the appeal raises no

substantial issues with respect to the review by the lead

agency of financial assurances for existing surface

mining operations under Public Resources Code section

2770, he or she shall refuse to grant a hearing on the

appeal. In making this determination, the Chairman shall

consider the following:

(a) Whether the appeal raises any issues which

legally can be addressed by the Board within the limits

of Public Resources Code section 2770 and the rules of

the Board;

(b) Whether the appeal specifically relates to

the lead agency's review of financial assurances

submitted for existing surface mining operations

pursuant to the provisions of Public Resources

Code section 2770; and

(c) Whether the appellant exhausted his or her

appeal remedies before the lead agency.

NOTE: Authority cited: Sections 2755 and 2770,

Public Resources Code. Reference: Section 2770,

Public Resources Code.

§ 3683. Limit on Number of Filings of Appeal.

Upon a finding by the Chairman, or the

Chairman's designee (Board Member), that the

appeal is not within the jurisdiction of the Board,

the appellant may refile the notice of intent to

appeal, once only, with the identified information

needed to complete the appeal, within 21 days of

receipt of the letter of denial of the original notice

of intent to appeal.

NOTE: Authority cited: Sections 2755 and 2770,

Public Resources Code. Reference: Section 2770,

Public Resources Code.

§ 3684. Administrative Record.

(a) Once the appellant has been notified that a

determination has been made that an appeal is

within the jurisdiction of the Board for purposes of

hearing the appeal, the appellant shall submit three

certified copies of the complete administrative

record, which shall include, but shall not be limited

to, all of the following information:

(1) A copy of the approved reclamation plan for

the mining operation and any permit conditions or

California Environmental Quality Act mitigations

which pertain to reclamation for which the financial

assurances for reclamation are proposed;

(2) A copy of the documents comprising the

financial assurances or the proposed financial

assurances for reclamation which were submitted to

the lead agency for review and approval pursuant to

Public Resources Code section 2770;

(3) Location and site description maps

submitted to the lead agency as part of the

reclamation plan;

(4) A detailed estimate of the cost of the

reclamation, in accordance with the approved

reclamation plan, of the lands remaining disturbed

and/or to be disturbed by the surface mining

operation in the applicable twelve (12) month

period, together with a map clearly delineating the

boundaries of those lands;

(5) All reports, findings, communications,

correspondence and statements in the file of the lead

agency relating to the financial assurances in question;

(6) Written transcripts of all public hearings related

to the lead agency's review of the financial assurances.

(b) Failure of the appellant to request the

administrative record from the lead agency within 21

days of receiving the notice stating the Board's

acceptance of the appeal, may be deemed grounds for

dismissal of the appeal.

(c) If the appellant is unable to obtain the

administrative record from the lead agency within 10

working days after submission of the request for the

record, the appellant shall so notify the Board in writing.

The Board may then require the lead agency to

immediately submit three certified copies of the

administrative record to the Board for purposes of

hearing the appeal without undue delay.

(d) Failure of the lead agency to produce the

administrative record upon request of the Board within

30 days may be deemed grounds for Board action based

on information provided solely by the appellant.

(e) Following production of the administrative

record by the lead agency, failure of the appellant to

produce the administrative record upon the request of

the Board within 21 days may be deemed grounds for

dismissal of the appeal.

NOTE: Authority cited: Sections 2755 and 2770, Public

Resources Code. Reference: Section 2770, Public

Resources Code.

§ 3685. Hearing Procedures - Scheduling.

The Board shall schedule and hold a public hearing

on an appeal no later than 45 days from the filing of the

complete administrative record, or at such time as may

be mutually agreed upon by the Board and the appellant.

The hearing may be scheduled as part of a regular

business meeting of the Board or may be conducted by a

committee of the Board.

NOTE: Authority cited: Sections 2755 and 2770, Public

Resources Code. Reference: Section 2770, Public

Resources Code.

§ 3686. Hearing Procedures - Authority for

Delegation.

The Board may delegate conduct of the hearing to a

committee of at least two Board members to be

appointed for that hearing by the Chairman of the

Board. The Chairman of the Board or the

Chairman's designee (Board Member) shall conduct

the hearing; the recommendations of the committee

shall be presented to a quorum of the board at a

regular business meeting for a decision of the full

Board consistent with the procedures set forth in

section 3690 of these regulations.

NOTE: Authority cited: Sections 2755 and 2770,

Public Resources Code. Reference: Section 2770,

Public Resources Code.

§ 3687. Hearing Procedures - Notice.

(a) At least 10 working days prior to the

hearing, the Board shall give public notice as

follows:

(1) Mailing the notice to the lead agency and to

the appellant;

(2) Mailing the notice to any person who

requests notice of the appeal or hearing;

(3) Mailing the notice to the Board's regular

mailing list; and

(4) Posting of the notice in a place where

notices are customarily placed within the

jurisdiction of the lead agency.

(b) The notice of hearing shall include the

following:

(1) The name of the appellant;

(2) Description of the financial assurances for

reclamation, identification of the surface mining

operation for which the financial assurances for

reclamation were provided, a brief description of

the location of the surface mining operation by

reference to any commonly known landmarks in the

area, and a simple location map indicating the

general location of the operation;

(3) A statement of the grounds for the appeal;

(4) A statement that the Board may approve or

deny approval of the financial assurances for

reclamation;

(5) A statement that if the Board denies

approval of the financial assurances, they shall be

returned to the mine operator who shall be granted,

once only, a period of 30 days, or a longer period

mutually agreed upon by the operator and the

Board, to correct the noted deficiencies and submit

the revised financial assurances to the lead agency

for review and approval;

(6) A statement inviting the appellant, the lead

agency, and the public to provide testimony and

evidence at the hearing regarding the action or inaction

of the lead agency; and

(7) The time, date, and location of the public

hearing.

NOTE: Authority cited: Sections 2755 and 2770, Public

Resources Code. Reference: Section 2770, Public

Resources Code.

§ 3688. Hearing Procedures - Record.

The record before the Board at the public hearing

shall be the administrative record submitted pursuant to

sections 3681 and 3684 of this article.

NOTE: Authority cited: Sections 2755 and 2770, Public

Resources Code. Reference: Sections 2770 and 2774,

Public Resources Code.

§ 3689. Hearing Procedures - Sequence.

(a) The public hearing shall normally proceed in the

following manner:

(1) Identification of the record;

(2) Statements on behalf of the appellant;

(3) Statements on behalf of the lead agency;

(4) Statements on behalf of the public;

(5) Rebuttal on behalf of the appellant; and

(6) Motion to close the public hearing.

(b) Notwithstanding the above, the Chairman or the

Chairman's designee (Board Member) for purposes of

conducting the hearing may, in the exercise of

discretion, determine the order of the proceedings.

(c) The Chairman or the Chairman's designee

(Board Member) shall have the authority to impose time

limits upon statements and presentations and to accept

written statements in lieu of oral statements. Written

statements shall be submitted to the Board at least ten

days prior to the hearing.

(d) The public hearing shall be recorded.

NOTE: Authority cited: Sections 2755 and 2770, Public

Resources Code. Reference: Section 2770, Public

Resources Code.

§ 3690. Hearing Procedures - Determination.

Following the public hearing, the Board shall

determine whether, based on the record before it, the

proposed or existing financial assurances for

reclamation substantially meet the applicable

requirements of Public Resources Code sections 2770,

2773.1, and the lead agency surface mining ordinance

adopted pursuant to subdivision (a) of section 2774.

Financial assurances determined to meet these

requirements shall be approved. Notification of the

Board's determination shall be made by certified

mail to the appellant and the lead agency within 15

days following the regular business meeting of the

Board at which the decision was made. In cases

where the financial assurances for reclamation are

not approved, deficiencies shall be noted in the

correspondence notifying the appellant and the lead

agency of the Board's decision. The appellant shall

be granted, once only, a period of 30 days, or a

longer period mutually agreed upon by the operator

and the Board, to correct the noted deficiencies and

submit the revised financial assurances for

reclamation to the lead agency for review and

approval.

NOTE: Authority cited: Sections 2755 and 2770,

Public Resources Code. Reference: Sections 2770

and 2774, Public Resources Code.

§ 3695. Definitions.

The following definitions shall govern the

interpretation of these regulations:

"Produced Minerals" means minerals extracted

at the site of the mining operation, and either:

(a) sold, given or otherwise moved off the site of

the operation, as defined in the approved reclamation

plan, or;

(b) used onsite for production of completed

products (e.g. cement, bricks, asphaltic concrete,

etc.).

Stockpiles of mineral products that remain on

the site, as defined in the lead agency approved

reclamation plan, are not produced minerals for

purposes of these regulations.

"Primary Mineral Commodity Produced" means

the produced mineral that provides the highest dollar

values sales for the operation.

"Board" means State Mining and Geology

Board.

As used in Section 3697 and 3699 "Mining

Company" means any entity, corporation,

partnership, parent or holding company. Any

subsidiaries of the above are deemed to be part of the

mining company.

As used in Section 3699, "Gross Income" means

all income from whatever source derived as defined

by, and determined in accordance with, Section 61 of

the Internal Revenue Code, Title 26, U.S.C.S.

"Aggregate Products" means decomposed granite,

sand and gravel, slag, or stone.

"Industrial Minerals" means borates, cinders, clay,

diatomite, dolomite, gypsum, iron ore, lime, limestone,

perlite, pumice, rare earth elements, saline compounds,

salt, shale, silica, specialty sand, abrasives, asbestos,

barite, bituminous rock, decorative rock, dimension stone,

feldspar, fluorite, gemstones, graphite, kyanite, lignite,

lithium, magnesite, mica, olivine, peat, phosphate, potash,

pyrophyllite, quartz crystal, sea shells, sercite, talc,

vermiculite, wollastonite, zeolites, and zircon.

"Gold, Silver, and Precious Metals" means gold

(lode), gold (placer), platinum group metals, and silver.

"Base Metals and Other Metals" means antimony,

arsenic, chromite, copper, lead, mangtanese, mercury,

molybdenum, nickel, pyrite, tin, titanium, tungsten,

uranium, vanadium, and zinc.

NOTE: Authority cited: Sections 2207(d)(1)-(2), Public

Resources Code. Reference: Sections 2207 (d)(1)-(2) and

2207(f), Public Resources Code.

§ 3696. Operations Subject to Fees.

(a) Each surface mining operation, as defined in

Public Resources Code Sections 2719, 2727.1, 2735, and

California Code of Regulations, Title 14, Section 3501,

unless exempted by Public Resources Code Section 2714,

shall be assessed an annual reporting fee according to the

schedule established pursuant to in Section 3698 each

May 1 following the reporting calendar year.

(b) In addition to the annual reporting fee, each

surface mining operation that is newly permitted shall be

assessed an initial reporting fee according to the schedule

in Section 3698 of this article.

NOTE: Authority cited: Section 2207, Public Resources

Code. Reference: Section 2207, Public Resources Code.

§ 3697. Fees Due and Delinquent.

(a) The annual reporting fee and Mining Operation

Annual Report (MRRC-2) are due and payable to the

Department of Conservation not later than July 1 for the

prior reporting year, by the owner or operator of record on

the preceding December 31. The initial reporting fee for a

new surface mining operation, together with an initial

report, are due and payable to the Department of

Conservation not later than thirty (30) days after permit

approval. An owner or operator of a surface mining

operation submitting an annual reporting fee or annual

report after July 1, or more than thirty (30) days after

permit approval, shall be assessed a penalty fee and

interest as provided in Public Resources Code Section

2207 (c) and (d)(5).

(b) Except as otherwise provided in (c), for the

purposes of this article, surface mining operations

are deemed to be discrete operations per each

reclamation plan required.

(c) Multiple site surface mining operations are

deemed to be those active surface mining operations

which meet all of the following criteria:

(1) One or more surface mining operations are

operated on one or more sites by a single operator or

mining company;

(2) The total annual combined mineral

production for all sites is less than 100 troy ounces

for precious metals, if precious metals are the

primary mineral commodity produced, or less than

100,000 short tons if the primary mineral commodity

product is not precious metals;

(3) All of the sites included are active;

(4) All of the operator or company's entire active

surface mining operations located in the State of

California are tied to, or located on, the listed sites;

and

(d) In addition to the criteria provided in (c),

multiple site mining operator's submittal of the

annual report form (Mining Operation Annual

Report, Form MRRC-2) shall be accompanied by a

multiple site form (Multiple Site Single Fee Request,

Form MRRC-4M) supplied by the Department of

Conservation.

NOTE: Authority cited: Section 2207, Public

Resources Code. Reference: Section 2207, Public

Resources Code.

§ 3698. Fees Calculation.

(a) The annual reporting fee for a multiple site

surface mining operation shall be two thousand

dollars ($2000).

(b) The annual reporting fee for surface mining

operations which are no longer in operation with no

intent to resume, which had no mineral production in

the reporting calendar year, and

(1) Which did not complete reclamation during

the reporting calendar year shall be $50; or

(2) Which completed reclamation during the

reporting calendar year shall be $50. Proof of

completion of reclamation, approved by the lead

agency, shall be submitted with this fee.

(c) Except as otherwise provided, the annual

reporting fee for surface mining operations shall be

calculated on the total primary mineral commodity

produced in the reporting calendar year. A factor to

determine the amount of fee adjustments shall be

calculated according to the following formula:

[((ATRY) - (ATPY))/(ATPY)] = Factor

Where: Adjusted Total (AT) equals the Amount

Requested by the Director, less a projected amount from

fixed fees set in CCR §3698 (a)(b)(d)(e) and CCR §3699,

and less a projected amount from mine operations subject

to the maximum fee amount of $2,000;

Where: ATRY is the Adjusted Total for the current

"Reporting Year"

Where: ATPY is the Adjusted Total for the "Prior Year"

The new Fee Amount for each category is determined

by the following formula (calculated amounts cannot be

less than $50 or more than $2,000, and may be rounded to

the nearest $5 (five dollars):

Formula 1: Current Year Reporting Fee = Prior Year

Reporting Fee times (1 + Factor) if Factor is positive;

Formula 2: Current Year Reporting Fee = Prior Year

Reporting Fee times (1 - Factor) if Factor is negative.

(1) Operations where the primary mineral commodity

produced is either aggregate products or industrial

minerals shall be assessed a fee as follows:

Tons Fee in Dollars

0 - 100 Formula 1 or 2

(not less than $50)

>100 - 1,000Formula 1 or 2

>1,000 - 10,000 Formula 1 or 2

>10,000 - 50,000 Formula 1 or 2

>50,000 - 100,000 Formula 1 or 2

>100,000 2,000

(2) Operations where the primary mineral commodity

produced is gold, silver, or precious metals shall be

assessed a fee as follows:

Ounces Fee in Dollars

0 - 1 Formula 1 or 2

(not less than $50)

>1 - 10 Formula 1 or 2

>10 – 50 Formula 1 or 2

>50 - 150 Formula 1 or 2

>150 - 300 Formula 1 or 2

>300 2,000

(3) Operations where the primary mineral commodity

produced is base metals or other metals shall be assessed

a fee as follows:

Pounds Fee in Dollars

0 - 10 Formula 1 or 2

(not less than $50)

>10 - 100 Formula 1 or 2

>100 - 1,000 Formula 1 or 2

>1,000 - 10,000 Formula 1 or 2

>10,000 - 20,000 Formula 1 or 2

>20,000 2,000

(d) The initial reporting fee for surface mining

operations shall be five hundred dollars ($500).

(e) The annual reporting fee for newly permitted

surface mining operations which have not yet begun

operations shall be fifty dollars ($50).

NOTE: Authority cited: Section 2207, Public

Resources Code. Reference: Section 2207, Public

Resources Code.

§ 3699. Low Gross Exemptions.

(a) For the calendar reporting year, a single

operator or mining company may file with the Office

of Mine Reclamation of the Department of

Conservation, a written request for an exemption

from the method of fee assessment set forth in

Section 3698. Neither the State, nor any county,

city, district or other political subdivision shall be

eligible for an exemption under this Section. A

request for an exemption must be filed on a form

(Low Gross Exemption Fee Request, Form MRRC-

4L) supplied by the Department of Conservation and

received by the Department of Conservation by July

1 following the calendar reporting year. The

Department of Conservation shall grant the

exemption if information submitted and confirmed

by the annual report form and approved reclamation

plan or plans, clearly demonstrates that the operation

meets the following criteria:

(1) material is extracted from one surface mining

operation, and lead agency approval of a reclamation

plan and financial assurance has been obtained; and

(2) all of the single operator or mining

company's surface mining operation located in the

State of California is tied to, or located on, one site;

and

(3) the amount of the operator's gross income

from the surface mining operation for the reporting

calendar year was less than $100,000, and proof of

gross income is supplied in the form of a signed

federal tax return or returns accompanied by a

completed and signed Federal Internal Revenue Service

Form 4506, or a report prepared and signed by a certified

public accountant; and

(4) the owner or operator has submitted an annual

reporting fee of two hundred dollars ($200).

(b) For any request received on or before July 1

following the reporting calendar year the Department may

afford the applicant one 30-day period in which to correct

minor deficiencies in the application.

(c) If the Department of Conservation determines that

an exemption is not warranted, the operator may appeal

that determination to the Board. The appeal must be

submitted in writing within fifteen (15) days of the denial

of exemption notification by the Department of

Conservation. The Chairman of the Board or his designee

(Board Member), shall determine whether the Board has

jurisdiction for the purposes of an appeal. In order for the

Board to have jurisdiction the appeal must:

(1) Demonstrate the exemption request was complete

and filed in a timely fashion;

(2) Specifically relate to the exemption criteria

outlined in this Section; and

(3) Specify the appellant's arguments for granting the

exemption.

(d) If the appeal is within the Board's jurisdiction, the

Board, based on all the evidence in the record, may affirm

the Department's decision or grant the exemption. If the

operator does not appeal, the appeal is not within the

Board's jurisdiction, or the Board affirms the

Department's decision, the operator or owner shall submit

an annual reporting fee calculated upon the total mineral

commodity produced pursuant to Section 3698. Such fee

shall be submitted within thirty (30) days of notification

by the Department of Conservation or the Board. An

operator or owner submitting an annual reporting fee later

than thirty (30) days after notification shall be assessed a

penalty and interest as provided in Public Resources Code

Section 2207(d)(5).

NOTE: Authority cited: Section 2207, Public Resources

Code. Reference: Section 2207, Public Resources Code.

§ 3700. Applicability. Reclamation of mined lands

shall be implemented in conformance with the standards

in this Article.

(a) The standards shall apply to each surface mining

operation to the extent that:

(1) they are consistent with required mitigation

identified in conformance with the California

Environmental Quality Act, provided that such

mitigation is at least as stringent as the standards;

and

(2) they are consistent with the planned or actual

subsequent use or uses of the mining site.

(b) Where an applicant demonstrates to the

satisfaction of the lead agency that an exception to

the standards specified in this article is necessary

based upon the approved end use, the lead agency

may approve a different standard for inclusion in the

approved reclamation plan. Where the lead agency

allows such an exception, the approved reclamation

plan shall specify verifiable, site-specific standards

for reclamation. The lead agency may set standards

which are more stringent than the standards set forth

in this Article; however, in no case may the lead

agency approve a reclamation plan which sets any

standard which is less stringent than the comparable

standard specified in this Article.

(c) When substantial amendments are proposed

to reclamation plans which were approved prior to

January 15, 1993, the standards set forth in this

Article shall be applied by the lead agency in

approving or denying approval of the amended

reclamation plan.

(d) The standards in this Article shall not apply

to mining operations:

(1) which completed reclamation prior to

January 15, 1993, in conformance with an approved

reclamation plan; or

(2) for which a reclamation plan has been

approved prior to January 15, 1993.

NOTE: Authority cited: Sections 2755, 2756 and

2773, Public Resources Code. Reference: Section

2773, Public Resources Code.

§ 3701. Definitions. The following definitions

shall govern the interpretation of these regulations:

"Arid" means landscapes with an average annual

precipitation of five inches or less.

"Contamination" means an impairment of the

quality of the waters of the state to a degree which

creates a hazard to the public health through

poisoning or through the spread of disease.

"Highwall" means the unexcavated face of

exposed overburden and ore in a surface mine.

"Indigenous Plants" means plants occurring

naturally in an area, not introduced.

"Native Species" means plant species indigenous

to California, using pre-European as the historic time

reference.

"Noxious Weeds" means any species of plant that is

or is likely to become destructive or difficult to control or

eradicate, and is termed to be so by the Director of the

Department of Food and Agriculture in section 4500,

Title 3 of the California Code of Regulations, pursuant to

the Food and Agriculture Code section 5004 et seq.

"Vegetative Cover" means the vertical projection of

the crown or shoot area of a species to the ground surface

expressed as a percentage of the reference area

(percentage can be greater than 100 percent).

"Vegetative Density" means the number of

individuals or stems of each species rooted within the

given reference area.

"Vegetative Species-richness" means the number of

different plant species within the given reference area.

"Wetlands" for the purposes of these regulations, the

definition of wetlands shall be the same as defined in the

California Fish and Game Code, section 2785,

subdivision (g).

NOTE: Authority cited: Sections 2755, 2756 and 2773,

Public Resources Code. Reference: Section 2773, Public

Resources Code.

§ 3702. Financial Assurances. Lead agencies shall

require financial assurances for reclamation in accordance

with Public Resources Code section 2773.1 to ensure that

reclamation is performed in accordance with the approved

reclamation plan and with this article.

NOTE: Authority cited: Sections 2755, 2773 and 2773.1,

Public Resources Code. Reference: Sections 2773 and

2773.1, Public Resources Code.

§ 3703. Performance Standards for Wildlife Habitat.

Wildlife and wildlife habitat shall be protected in

accordance with the following standards:

(a) Rare, threatened or endangered species as listed

by the California Department of Fish and Game,

(California Code of Regulations, Title 14, sections 670.2 -

670.5) or the U. S. Fish and Wildlife Service, (50 CFR

17.11 and 17.12) or species of special concern as listed by

the California Department of Fish and Game in the

Special Animals List, Natural Diversity Data Base, and

their respective habitat, shall be conserved as prescribed

by the federal Endangered Species Act of 1973, 16 U.S.C.

section 1531 et. seq., and the California Endangered

Species Act, Fish and Game Code section 2050 et seq. If

avoidance cannot be achieved through the available

alternatives, mitigation shall be proposed in accordance

with the provisions of the California Endangered Species

Act, Fish and Game Code section 2050 et seq., and

the federal Endangered Species Act of 1973, 16

U.S.C. section 1531 et seq.

(b) Wildlife habitat shall be established on

disturbed land in a condition at least as good as that

which existed before the lands were disturbed by

surface mining operations, unless the proposed end

use precludes its use as wildlife habitat or the

approved reclamation plan establishes a different

habitat type than that which existed prior to mining.

(c) Wetland habitat shall be avoided. Any

wetland habitat impacted as a consequence of

surface mining operations shall be mitigated at a

minimum of one to one ratio for wetland habitat

acreage and wetland habitat value.

NOTE: Authority cited: Sections 2755, 2756 and

2773, Public Resources Code. Reference: Section

2773, Public Resources Code.

§ 3704. Performance Standards for Backfilling,

Regrading, Slope Stability, and Recontouring.

Backfilling, regrading, slope stabilization, and

recontouring shall conform with the following

standards:

(a) Where backfilling is proposed for urban uses

(e.g., roads, building sites, or other improvements

sensitive to settlement), the fill material shall be

compacted in accordance with section 7010, Chapter

70 of the Uniform Building Code, published by the

International Conference of Building Officials

(1991), the local grading ordinance, or other methods

approved by the lead agency as appropriate for the

approved end use.

(b) Where backfilling is required for resource

conservation purposes (e.g., agriculture, fish and

wildlife habitat, and wildland conservation), fill

material shall be backfilled to the standards required

for the resource conservation use involved.

(c) Piles or dumps of mining waste shall be

stockpiled in such a manner as to facilitate phased

reclamation. They shall be segregated from topsoil

and topsoil substitutes or growth media salvaged for

use in reclamation.

(d) Final reclaimed fill slopes, including

permanent piles or dumps of mine waste rock and

overburden, shall not exceed 2:1

(horizontal:vertical), except when site-specific

geologic and engineering analysis demonstrate that

the proposed final slope will have a minimum slope

stability factor of safety that is suitable for the

proposed end use, and when the proposed final slope can

be successfully revegetated.

(e) At closure, all fill slopes, including permanent

piles or dumps of mine waste and overburden, shall

conform with the surrounding topography and/or

approved end use.

(f) Cut slopes, including final highwalls and quarry

faces, shall have a minimum slope stability factor of

safety that is suitable for the proposed end use and

conform with the surrounding topography and/or

approved end use.

(g) Permanent placement of piles or dumps of mining

waste and overburden shall not occur within wetlands

unless mitigation acceptable to the lead agency has been

proposed to offset wetland impacts and/or losses.

NOTE: Authority cited: Sections 2755, 2756 and 2773,

Public Resources Code. Reference: Section 2773, Public

Resources Code.

§ 3705. Performance Standards for Revegetation.

Revegetation shall be part of the approved plan,

unless it is not consistent with the approved end use.

(a) A vegetative cover suitable for the proposed end

use and capable of self-regeneration without continued

dependence on irrigation, soil amendments or fertilizer

shall be established on disturbed land unless an artificially

maintained landscape is consistent with the approved

reclamation plan. Vegetative cover or density, and

species-richness shall be, where appropriate, sufficient to

stabilize the surface against effects of long-term erosion

and shall be similar to naturally occurring habitats in the

surrounding area. The vegetative density, cover and

species richness of naturally occurring habitats shall be

documented in baseline studies carried out prior to the

initiation of mining activities. However, for areas that will

not be reclaimed to prior conditions, the use of data from

reference areas in lieu of baseline site data is permissible.

(b) Test plots conducted simultaneously with mining

shall be required to determine the most appropriate

planting procedures to be followed to ensure successful

implementation of the proposed revegetation plan. The

lead agency may waive the requirement to conduct test

plots when the success of the proposed revegetation plan

can be documented from experience with similar species

and conditions or by relying on competent professional

advice based on experience with the species to be planted.

(c) Where surface mining activities result in

compaction of the soil, ripping, disking, or other means

shall be used in areas to be revegetated to eliminate

compaction and to establish a suitable root zone in

preparation for planting.

(d) Prior to closure, all access roads, haul roads,

and other traffic routes to be reclaimed shall be

stripped of any remaining roadbase materials,

prepared in accordance with subsection 3705(g),

covered with suitable growth media or topsoil, and

revegetated. When it is not necessary to remove

roadbase materials for revegetative purposes, lead

agencies may set a different standard as specified in

section 3700(b) of this Article.

(e) Soil analysis shall be required to determine

the presence or absence of elements essential for

plant growth and to determine those soluble elements

that may be toxic to plants, if the soil has been

chemically altered or if the growth media consists of

other than the native topsoil. If soil analysis suggests

that fertility levels or soil constituents are inadequate

to successfully implement the revegetative program,

fertilizer or other soil amendments may be

incorporated into the soil. When native plant

materials are used, preference shall be given to slowrelease

fertilizers, including mineral and organic

materials that mimic natural sources, and shall be

added in amounts similar to those found in reference

soils under natural vegetation of the type being

reclaimed.

(f) Temporary access for exploration or other

short-term uses on arid lands shall not disrupt the soil

surface except where necessary to gain safe access.

Barriers shall be installed when necessary to gain

safe access. Barriers shall be installed when

necessary to prevent unauthorized vehicular traffic

from interfering with the reclamation of temporary

access routes.

(g) Native plant species shall be used for

revegetation, except when introduced species are

necessary to meet the end uses specified in the

approved reclamation plan. Areas to be developed

for industrial, commercial, or residential use shall be

revegetated for the interim period, as necessary, to

control erosion. In this circumstance, non-native

plant species may be used if they are not noxious

weeds and if they are species known not to displace

native species in the area.

(h) Planting shall be conducted during the most

favorable period of the year for plant establishment.

(i) Soil stabilizing practices shall be used where

necessary to control erosion and for successful plant

establishment. Irrigation may be used when

necessary to establish vegetation.

(j) If irrigation is used, the operator must demonstrate

that the vegetation has been self-sustaining without

irrigation for a minimum of two years prior to release of

the financial assurances by the lead agency, unless an

artificially maintained landscape is consistent with the

approved end use.

(k) Noxious weeds shall be managed: (1) when they

threaten the success of the proposed revegetation; (2) to

prevent spreading to nearby areas; and (3) to eliminate

fire hazard.

(l) Protection measures, such as fencing of

revegetated areas and/or the placement of cages over

individual plants, shall be used in areas where grazing,

trampling, herbivory, or other causes threaten the success

of the proposed revegetation. Fencing shall be maintained

until revegetation efforts are successfully completed and

the lead agency authorizes removal.

(m) Success of revegetation shall be judged based

upon the effectiveness of the vegetation for the approved

end use, and by comparing the quantified measures of

vegetative cover, density, and species-richness of the

reclaimed mined-lands to similar parameters of naturally

occurring vegetation in the area. Either baseline data or

data from nearby reference areas may be used as the

standard for comparison. Quantitative standards for

success and the location(s) of the reference area(s) shall

be set forth in the approved reclamation plan.

Comparisons shall be made until performance standards

are met provided that, during the last two years, there has

been no human intervention, including, for example,

irrigation, fertilization, or weeding. Standards for success

shall be based on expected local recovery rates. Valid

sampling techniques for measuring success shall be

specified in the approved reclamation plan. Sample sizes

must be sufficient to produce at least an 80 percent

confidence level. There are standard statistical methods in

commonly available literature for determining an 80

percent confidence level on a site-by-site basis. Examples

of such literature include, but are not limited to, D.

Mueller-Dombois and H. Ellenberg, 1974, "Aims and

Methods of Vegetation Ecology", John Wiley and Sons,

Inc., or C. D. Bonham, 1988, "Measurements for

Terrestrial Vegetation", John Wiley and Sons, Inc., and

are available at many university libraries. The texts are

also available at some local libraries through the Inter-

Library Loan Program.

NOTE: Authority cited: Sections 2755, 2756 and 2773,

Public Resources Code. Reference: Section 2773, Public

Resources Code.

§ 3706. Performance Standards for Drainage,

Diversion Structures, Waterways, and Erosion

Control.

(a) Surface mining and reclamation activities

shall be conducted to protect on-site and downstream

beneficial uses of water in accordance with the

Porter-Cologne Water Quality Control Act, Water

Code section 13000, et seq., and the Federal Clean

Water Act, 33 U.S.C. section 1251, et seq.

(b) The quality of water, recharge potential, and

storage capacity of ground water aquifers which are

the source of water for domestic, agricultural, or

other uses dependent on the water, shall not be

diminished, except as allowed in the approved

reclamation plan.

(c) Erosion and sedimentation shall be controlled

during all phases of construction, operation,

reclamation, and closure of a surface mining

operation to minimize siltation of lakes and

watercourses, as required by the Regional Water

Quality Control Board or the State Water Resources

Control Board.

(d) Surface runoff and drainage from surface

mining activities shall be controlled by berms, silt

fences, sediment ponds, revegetation, hay bales, or

other erosion control measures, to ensure that

surrounding land and water resources are protected

from erosion, gullying, sedimentation and

contamination. Erosion control methods shall be

designed to handle runoff from not less than the 20

year/l hour intensity storm event.

(e) Where natural drainages are covered,

restricted, rerouted, or otherwise impacted by surface

mining activities, mitigating alternatives shall be

proposed and specifically approved in the

reclamation plan to assure that runoff shall not cause

increased erosion or sedimentation.

(f) When stream diversions are required, they

shall be constructed in accordance with:

(1) the stream and lake alteration agreement

between the operator and the Department of Fish and

Game; and

(2) the requirements of the Federal Clean Water

Act, Sections 301 (33 U.S.C. 1311) and Section 404

(33 U.S.C. 1344) and/or Section 10 of the Rivers and

Harbors Act of 1899 (33 U.S.C. 403).

(g) When no longer needed to achieve the

purpose for which they were authorized, all

temporary stream channel diversions shall be removed

and the affected land reclaimed.

NOTE: Authority cited: Sections 2755, 2756 and 2773,

Public Resources Code. Reference: Section 2773, Public

Resources Code.

§ 3707. Performance Standards for Prime

Agricultural Land Reclamation. In addition to the

standards for topsoil salvage, maintenance, and

redistribution, the following standards shall apply to

mining operations on prime agricultural lands where the

approved end use is agriculture:

(a) Mining operations which will operate on prime

agricultural lands, as defined by the U.S. Soil

Conservation Service, shall return all disturbed areas to a

fertility level as specified in the approved reclamation

plan.

(b) When distinct soil horizons are present, topsoil

shall be salvaged and segregated by defined A, B, and C

soil horizons. Upon reconstruction of the soil, the

sequence of horizons shall have the A atop the B, the B

atop the C, and the C atop graded overburden.

(c) Reclamation shall be deemed complete when

productive capability of the affected land is equivalent to

or exceeds, for two consecutive crop years, that of the

premining condition or similar crop production in the

area. Productivity rates, based on reference areas

described in the approved reclamation plan, shall be

specified in the approved reclamation plan.

(d) Use of fertilizers or other soil amendments shall

not cause contamination of surface or ground water.

NOTE: Authority cited: Sections 2755, 2756 and 2773,

Public Resources Code. Reference: Section 2773, Public

Resources Code.

§ 3708. Performance Standards for Other Agricultural

Land. The following standards shall apply to agricultural

lands, other than prime agricultural lands, when the

approved end use is agriculture.

In addition to the standards for topsoil salvage,

maintenance, and redistribution, non-prime agricultural

lands shall be reclaimed so as to be capable of sustaining

economically viable production of crops commonly

grown in the surrounding areas.

NOTE: Authority cited: Sections 2755, 2756 and 2773,

Public Resources Code. Reference: Section 2773, Public

Resources Code.

§ 3709. Performance Standards for Building,

Structure, and Equipment Removal.

(a) All equipment, supplies and other materials

shall be stored in designated areas (as shown in the

approved reclamation plan). All waste shall be

disposed of in accordance with state and local health

and safety ordinances.

(b) All buildings, structures, and equipment shall

be dismantled and removed prior to final mine

closure except those buildings, structures, and

equipment approved in the reclamation plan as

necessary for the end use.

NOTE: Authority cited: Sections 2755, 2756 and

2773, Public Resources Code. Reference: Section

2773, Public Resources Code.

§ 3710. Performance Standards for Stream

Protection, Including Surface and Groundwater.

(a) Surface and groundwater shall be protected

from siltation and pollutants which may diminish

water quality as required by the Federal Clean Water

Act, sections 301 et seq. (33 U.S.C. section 1311),

404 et seq. (33 U.S.C. section 1344), the Porter-

Cologne Act, section 13000 et seq., County antisiltation

ordinances, the Regional Water Quality

Control Board or the State Water Resources Control

Board.

(b) In-stream surface mining operations shall be

conducted in compliance with Section 1600 et seq.

of the California Fish and Game Code, section 404

of the Clean Water Act, and Section 10 of the Rivers

and Harbors Act of 1899 (33 U.S.C. 403).

(c) Extraction of sand and gravel from river

channels shall be regulated to control channel

degradation in order to prevent undermining of

bridge supports, exposure of pipelines or other

structures buried within the channel, loss of

spawning habitat, lowering of ground water levels,

destruction of riparian vegetation, and increased

stream bank erosion (exceptions may be specified in

the approved reclamation plan). Changes in channel

elevations and bank erosion shall be evaluated

annually using records of annual extraction

quantities and benchmarked annual cross sections

and/or sequential aerial photographs to determine

appropriate extraction locations and rates.

(d) In accordance with requirements of the

California Fish and Game Code section 1600 et seq.,

in-stream mining activities shall not cause fish to

become entrapped in pools or in off-channel pits, nor

shall they restrict spawning or migratory activities.

NOTE: Authority cited: Sections 2755, 2756 and

2773, Public Resources Code. Reference: Section 2773,

Public Resources Code.

§ 3711. Performance Standards for Topsoil Salvage,

Maintenance, and Redistribution. When the approved

reclamation plan calls for revegetation or cultivation of

disturbed lands, the following performance standards

shall apply to topsoil salvage, maintenance, and

redistribution activities:

(a) All salvageable topsoil suitable for revegetation

shall be removed as a separate layer from areas to be

disturbed by mining operations. Topsoil and vegetation

removal shall not precede surface mining activities by

more than one year, unless a longer time period is

approved by the lead agency.

(b) Topsoil resources shall be mapped prior to

stripping and the location of topsoil stockpiles shall be

shown on a map in the reclamation plan. If the amount of

topsoil needed to cover all surfaces to be revegetated is

not available on site, other suitable material capable of

sustaining vegetation (such as subsoil) shall be removed

as a separate layer for use as a suitable growth media.

Topsoil and suitable growth media shall be maintained in

separate stockpiles. Test plots may be required to

determine the suitability of growth media for revegetation

purposes.

(c) Soil salvage operations and phases of reclamation

shall be carried out in accordance with a schedule that: (1)

is set forth in the approved reclamation plan; (2)

minimizes the area disturbed; and (3) is designed to

achieve maximum revegetation success allowable under

the mining plan.

(d) Topsoil and suitable growth media shall be used

to phase reclamation as soon as can be accommodated by

the mining schedule presented in the approved

reclamation plan following the mining of an area. Topsoil

and suitable growth media that cannot be utilized

immediately for reclamation shall be stockpiled in an area

where it will not be disturbed until needed for

reclamation. Topsoil and suitable growth media

stockpiles shall be clearly identified to distinguish them

from mine waste dumps. Topsoil and suitable growth

media stockpiles shall be planted with a vegetative cover

or shall be protected by other equally effective measures

to prevent water and wind erosion and to discourage

weeds. Relocation of topsoil or suitable growth media

stockpiles for purposes other than reclamation shall

require prior written approval from the lead agency.

(e) Topsoil and suitable growth media shall be

redistributed in a manner that results in a stable, uniform

thickness consistent with the approved end use, site

configuration, and drainage patterns.

NOTE: Authority cited: Sections 2755, 2756 and

2773, Public Resources Code. Reference: Section

2773, Public Resources Code.

§ 3712. Performance Standards for Tailing and

Mine Waste Management.

State Water Resources Control Board mine

waste disposal regulations in Article 7 of Chapter 15

of Title 23, California Code of Regulations, shall

govern mine waste and tailings, and mine waste

disposal units shall be reclaimed in conformance

with this article.

NOTE: Authority cited: Sections 2755, 2756 and

2773, Public Resources Code. Reference: Section

2773, Public Resources Code.

§ 3713. Performance Standards for Closure of

Surface Openings.

(a) Except those used solely for blasting or those

that will be mined through within one year, all drill

holes, water wells, and monitoring wells shall be

completed or abandoned in accordance with each of

the following:

(1) Water Code sections 13700, et seq. and

13800, et seq.;

(2) the applicable local ordinance adopted

pursuant to Water Code section 13803;

(3) the applicable Department of Water

Resources report issued pursuant to Water Code

section 13800; and

(4) Subdivisions (1) and (2) of section 2511(g)

of Chapter 15 of Title 23 regarding discharge of

waste to land.

(b) Prior to closure, all portals, shafts, tunnels, or

other surface openings to underground workings

shall be gated or otherwise protected from public

entry in order to eliminate any threat to public safety

and to preserve access for wildlife habitat.

NOTE: Authority cited: Sections 2755, 2756 and

2773, Public Resources Code. Reference: Section

2773, Public Resources Code.

§ 3800. Purpose. It is the purpose of this article

to specify additional financial assurance mechanisms

to assure reclamation pursuant to Public Resources

Code Section 2710 et seq. (Surface Mining and

Reclamation Act, as amended).

NOTE: Authority cited: Section 2773.1, Public Resources

Code. Reference: Section 2773.1(e), Public Resources

Code.

§ 3801. Authority. Review, approval, adjustment,

enforcement, notification, forfeiture and all other

responsibilities of the lead agency, operator and

Department of Conservation with respect to financial

assurances shall be conducted as prescribed in Public

Resources Code Section 2710 et seq. unless expressly

outlined in this article.

NOTE: Authority cited: Section 2773.1, Public Resources

Code. Reference: Section 2773.1(e), Public Resources

Code.

§ 3802. Definitions. The following definitions shall

govern the interpretation of this article:

(a) "Budget Set Aside" means a financial assurance

mechanism, meeting the requirements of Section 3806.2

of this article, by which a government entity proposes to

make specific identified monies within the entity's budget

available to perform reclamation pursuant to the approved

reclamation plan.

(b) "Financial Assurance Amount" means that amount

of money necessary to conduct and complete reclamation

on the mined lands in accordance with the approved

reclamation plan, plus a reasonable estimate of the

administrative costs and expenses which would be

incurred by the lead agency or the Department of

Conservation, the total of which shall be calculated in

accordance with section 3804, and shall constitute an

obligation to pay by the operator.

(c) "Financial Assurance" means an instrument, fund

or other form of Financial Assurance as provided in

Section 2773.1(a) and (e) of the Public Resources Code

and this Article.

(d) "Pledge of Revenue" means a financial assurance

mechanism meeting the requirements of Section 3806.1,

of this Article, by which a governmental entity proposes

to make specific, identified future revenue available to

perform reclamation pursuant to the approved reclamation

plan.

NOTE: Authority cited: Section 2755, Public Resources

Code. Reference: Sections 2726-2734, Public Resources

Code.

§ 3803. Financial Assurance Mechanisms. As

outlined by this article, financial assurances may take the

form of any one or a combination of the following,

which the lead agency, upon review by the

Department of Conservation, reasonably determines

are adequate to perform reclamation in accordance

with the approved reclamation plan.

(a) For non-governmental entity operators:

(1) Surety bonds;

(2) Irrevocable letters of credit; and

(3) Trust funds;

(b) For governmental entity operators:

(1) Surety bonds;

(2) Irrevocable letters of credit;

(3) Trust funds;

(4) Pledges of Revenue; or

(5) Budget Set Aside.

NOTE: Authority cited: Section 2773.1, Public

Resources Code. Reference: Section 2773.1(e),

Public Resources Code.

§ 3804. Calculation of Financial Assurance

Amount.

(a) The Financial Assurance Amount shall be

calculated as prescribed in Public

Resources Code Section 2773.1 and based on:

(1) an analysis of the physical activities and

materials necessary to implement the approved

reclamation plan;

(2) the lead agency's unit costs, or costs for third

party contracting, for each of these activities, if

applicable;

(3) the number of units of each of these

activities, if applicable;

(4) a contingency amount not to exceed 10% of

the reclamation costs.

(b) The calculated amount should not include the

cost of completing mining of the site.

(c) In order for the lead agency or the

Department of Conservation to determine what

annual adjustments, if any, are appropriate to the

Financial Assurance Amount, the operator shall

annually submit to the lead agency a revision of the

written calculation required under Section 3804(a).

NOTE: Authority cited: Section 2773.1, Public

Resources Code. Reference: Section 2773.1(e),

Public Resources Code.

§ 3805. Review by the Department of

Conservation.

Pursuant to Section 2774(c), Public Resources Code,

the lead agency shall submit a copy of the proposed

Financial Assurance and the Calculation of Financial

Assurance Amount submitted by the operator pursuant to

Section 3804 to the Director of the Department of

Conservation for review. With this submittal the lead

agency shall include the information and documentation

relied upon in calculating the amount of the proposed

Financial Assurance and indicate to the Director that the

Financial Assurance Amount is adequate for the lead

agency or the Department of Conservation to conduct and

complete reclamation on the mined lands in accordance

with the approved reclamation plan. The Director shall

have 45 days, upon receipt, to prepare written comments

regarding the proposed Financial Assurance, if he/she so

chooses.

NOTE: Authority cited: Section 2774, Public Resources

Code. Reference: Section 2774(c), (d), Public Resources

Code.

§ 3806. Surface mining operations owned and

operated by state or local governmental entities.

In addition to the mechanisms provided in Public

Resources Section 2773.1 and this article, a financial

assurance mechanism for reclamation for a surface mining

operation owned and operated by the state, county, city,

district, or other political subdivision may be in the form

of a:

(a) Pledge of Revenue; or

(b) Budget Set Aside.

These financial assurance mechanisms may only be

used by the state, county, city, district, or other political

subdivision.

NOTE: Authority cited: Section 2773.1, Public Resources

Code. Reference: Section 2773.1(e), Public Resources

Code.

§ 3806.1. Pledge of Revenue.

(a) A pledge of revenue shall consist of a resolution

or other appropriate document from the governing body of

the state, county, city, district, or other political

subdivision responsible for reclamation of the mined

lands pursuant to the approved reclamation plans. The

resolution or document shall remain effective

continuously throughout the period in which the pledge of

revenue is used to satisfy the requirements of Section

2773.1, Public Resources Code.

(b) The pledge of revenue shall contain the following

items:

(1) The resolution or document establishing the

pledge of revenue;

(2) The types and sources of pledged revenue;

(3) The period of time that each source of

revenue is pledged to be available;

(4) The calculation amount of the financial

assurance prepared pursuant to Section 3804; and

(5) The authorization for the lead agency or the

Department of Conservation to use the proceeds of

the pledge to conduct and complete reclamation if

the lead agency or the Department of Conservation

determines that the operator is incapable of

performing the reclamation covered by the pledge

pursuant to Section 2773.1(b).

(c) The state, county, city, district, or other

political subdivision may pledge any following types

of revenue that it controls and that will be available

in a timely manner to conduct and complete

reclamation:

(1) Fees, rents, or other charges;

(2) Tax revenues within statutory limitations;

and/or

(3) Other guaranteed revenues that are

acceptable to the lead agency and the Board.

(d) If the governmental entity ceases at any time

to retain control of its ability to allocate any pledged

revenue to conduct and complete reclamation, the

entity shall notify the lead agency and the

Department of Conservation and shall obtain

alternative coverage within 60 days after control

lapses.

NOTE: Authority cited: Section 2773.1, Public

Resources Code. Reference: Section 2773.1(e),

Public Resources Code.

§ 3806.2. Budget Set Aside.

(a) A Budget Set Aside shall consist of a specific

fund or line item set aside by the state, county, city,

district or other political subdivision responsible for

reclamation of the mined lands. The Budget Set

Aside shall remain effective continuously throughout

the period in which the Budget Set Aside is used to

satisfy the requirements of Section 2773.1, Public

Resources Code.

(b) The set aside shall contain the following

items:

(1) A resolution or other appropriate document

establishing the set aside or line item including proof

of approval by the governing body or appropriate

official of the state, county, city, district or other political

subdivision;

(2) The types and sources of specific funds;

(3) The period of time that each funding source is to

be available;

(4) The calculation amount of the financial assurance

prepared pursuant to Section 3804; and

(5) The authorization for the lead agency or the

Department of Conservation to use the funds to conduct

and complete reclamation if the lead agency or the

Department of Conservation determines that the operator

is incapable of performing the reclamation covered by the

set aside pursuant to Section 2773.1(b).

NOTE: Authority cited: Section 2773.1, Public Resources

Code. Reference: Section 2773.1(e), Public Resources

Code.

The regulations contained in this article govern

procedures for petitions to the State Mining and

Geology Board pursuant to Public Resources Code

Section 2774.2 concerning the issuance of an

Administrative Penalty by the Director of the

Department of Conservation.

Note: Authority: Sections 2755 and 2774.2, Public

Resources Code; Reference: Section 2774.2, Public

Resources Code.

§ 3901. Filing of Petition / Notice of Defense.

Any person filing a petition to the Board pursuant to

Public Resources Code Section 2774.2 concerning the

issuance of an administrative penalty by the Director of

the Department of Conservation shall, within 30 days of

the date of issuance of the order setting an

administrative penalty, file a petition / notice of defense

with the Board requesting a hearing. The petition /

notice of defense shall be on the form set forth in

Section 3911 of this article, or shall supply the

following information to the Board:

(1) Written statements, with supporting

documentation, indicating specifically the basis for the

petitioner’s challenge of the Director’s order of

administrative penalty;

(2) A written statement advising the Board of the

name, address and telephone number of the petitioner’s

representative, if any.

Note: Authority: Sections 2755 and 2774.2, Public

Resources Code; Reference: Section 2774.2, Public

Resources Code.

§ 3902. Determination of Jurisdiction.

The Chairman of the Board, or the Chairman’s

designee who is a Board member, shall determine

within 15 days of receipt of the information

required by Section 3901 of this article, whether the

petition is within the jurisdiction of the Board for

the purpose of hearing the petition, and determine

whether the petition’s challenge raises substantial

issues related to the validity of the allegations

supporting the Director’s order. If the Chairman

finds, based upon the criteria stated in (a), (b), and

(c) below, that the petition raises no substantial

issues with respect to the Director’s allegations

contained in the order of administrative penalty, or

has not been filed within statutory time limits, then

the Chairman shall refuse to grant a hearing on the

petition. In making these determinations, the

Chairman shall consider the following:

(a) Whether the filing of the petition / notice of

defense with the Board is within the time limits

stipulated in Public Resources Code Section

2774.2;

(b) Whether the petition specifically relates to

the allegations contained in the Director’s notice

and order of administrative penalty;

(c) Whether prima facie documentation

supporting the petition’s position is reasonably

sufficient to substantiate the petition’s challenge.

Note: Authority: Sections 2755 and 2774.2, Public

Resources Code; Reference: Section 2774.2, Public

Resources Code.

§ 3903. Administrative Record.

The Administrative Record shall consist of the

record before the Director, evidence submitted on

behalf of the petitioner, any other relevant evidence

which, in the judgment of the Board, should be

considered applicable, and evidence presented

during the hearing on the petition.

Note: Authority: Sections 2755 and 2774.2, Public

Resources Code; Reference: Section 2774.2, Public

Resources Code.

§ 3904. Hearing Procedures – Scheduling.

The Board shall schedule and hold a public

hearing on a petition no later than 60 days from the

Chairman’s acceptance of the petition, or at such

time as may be mutually agreed upon by the Board

and the petitioner. The hearing may be conducted as part

of a regular business meeting of the Board, or may be

conducted by a committee of the Board. The Board shall

endeavor to schedule such public hearings in or near the

jurisdiction from which the petition originated, but may

otherwise schedule such petitions to be heard in

Sacramento.

Note: Authority: Sections 2755 and 2774.2, Public

Resources Code; Reference: Section 2774.2, Public

Resources Code.

§ 3905. Hearing Procedures -- Authority for

Delegation.

The Board may delegate conduct of the hearing to a

committee composed of three members of the Board,

who shall consist of either the Chairman or Vice

Chairman of the Board, and two other members of the

Board selected by the Chairman. The Chairman or Vice

Chairman shall conduct the hearing. The record of the

hearing and the recommendations of the committee shall

be presented to a quorum of the Board at its next regular

business meeting for a decision of the full Board

consistent with the procedures set forth in Section 3910

of this article.

Note: Authority: Sections 2755 and 2774.2, Public

Resources Code; Reference: Section 2774.2, Public

Resources Code.

§ 3906. Hearing Procedures – Notice.

(a) At least 10 days prior to the hearing, the Board

shall give public notice as follows:

(1) Mailing or delivering by personal service the

notice to the petitioner and to the petitioner’s lead

agency;

(2) Mailing or delivering by personal service the

notice to the Director of the Department of

Conservation.

(3) Mailing the notice to any person who requests

notice of the petition or hearing; and,

(4) Mailing the notice to the Board’s regular mailing

list.

(b) The notice of hearing shall include the

following:

(1) The name of the petitioner;

(2) A statement describing the basis for the action;

(3) The amount of the administrative penalty

petitioned;

(4) The time, date, and location of the public

hearing.

Note: Authority: Sections 2755 and 2774.2, Public

Resources Code; Reference: Section 2774.2, Public

Resources Code.

§ 3907. Hearing Procedures – Record.

The record before the Board at the public

hearing shall be the administrative record submitted

pursuant to Sections 3901, 3902, and 3903 of this

article.

Note: Authority: Sections 2755 and 2774.2, Public

Resources Code; Reference: Section 2774.2, Public

Resources Code.

§ 3908. Hearing Procedures -- Recording and

Transcription.

Hearings conducted under the procedures of

this article shall be electronically recorded by the

Board. Cost of transcription or reproduction of the

electronic recording, if requested, shall be borne by

the party making such request.

Note: Authority: Section 2755, Public Resources

Code; Reference: Section 2755, Public Resources

Code.

§ 3909. Hearing Procedures -- Use of Informal

Hearing Procedure and Sequence.

(a) The Board may conduct the petition hearing

under this article pursuant to the informal hearing

adjudicative proceedings described in the

California Administrative Procedure Act. The

informal hearing procedure is intended to satisfy

due process and public policy requirements in a

manner that is simpler and more expeditious than

hearing procedures otherwise required by statute,

for use in appropriate circumstances.

(b) The public hearing shall normally proceed

in the following manner:

(1) Identification of the record;

(2) Statements on behalf of the petitioner;

(3) Statements on behalf of the Director;

(4) Statements on behalf of the lead agency;

(5) Statements on behalf of the public;

(6) Rebuttal on behalf of the petitioner;

(7) Rebuttal on behalf of the Director;

(8) Motion to close the public hearing.

(c) Not withstanding the above, the Chairman

or the Chairman’s designee (Board member) for the

purposes of conducting the hearing may, in the

exercise of discretion, determine the order of the

proceedings.

(d) The Chairman or the Chairman’s designee

(Board member) shall have the authority to impose time

limits upon statements and presentations and to accept

written statements in lieu of oral statements. Four copies

of any written statements shall be submitted to the

Board at least ten days prior to the hearing.

(e) The actions of the Chairman or the Chairman’s

designee (Board member) under this section are not

subject to judicial review.

Note: Authority: Sections 2755 and 2774.2, Public

Resources Code; Article 10, Administrative Procedure

Act; Reference: Section 2774.2, Public Resources Code;

Article 10, Administrative Procedure Act.

§ 3910. Hearing Procedures – Determination.

(a) Following the public hearing, the Board shall

determine: (1) whether the alleged violations cited in the

Director’s order are supported by substantial evidence in

light of the whole record before it; and, (2) the action

the Board should take to affirm, modify, or set aside, in

whole or in part, the administrative penalty issued by the

Director. The Board shall issue its own order upholding

its determination.

(b) Notification of the Board’s determination shall

be made by certified mail or personal service to the

petitioner, the lead agency, and the Director within 15

days following the regular business meeting of the

Board at which the decision is made.

Note: Authority: Sections 2755 and 2774.2, Public

Resources Code; Reference: Section 2774.2, Public

Resources Code .

§ 3911. Petition / Notice of Defense Form.

))))))))))))

( ) I acknowledge receipt of this action assessing an administrative penalty under Public Resources Code

Section 2774.1 (c) against me or the company for which I am the agent.

( ) I request a hearing before the State Mining and Geology Board.

( ) I object to the action on the ground that it does not state acts or omissions upon which the Department of

Conservation may proceed.

( ) I object to the form of the action on the ground that it is so indefinite or uncertain that I cannot identify

the transaction or prepare a defense.

( ) I admit the action in whole or in part. (Indicate which parts you admit by paragraph number or list on a

separate page facts or allegations admitted.)

( ) I deny the action in whole or in part. (Indicate which parts you deny by paragraph number or list on a

separate page facts or allegations denied.)

( ) I have no personal knowledge of the facts or allegations. (Indicate which parts by paragraph number or

on a separate page.)

( ) I present the following new matter by way of defense:

(On a separate page, list other facts which may exonerate or mitigate your possible responsibility or

otherwise explain your relationship to the alleged violation. Be as specific as you can. If you have or

know of any document(s), photograph(s), map(s), letter(s), or other evidence that you believe is/are

relevant, please identify it/them by name, date, type, and any other identifying information and provide

the original(s) or (a) cop(y/ies) if you can).

( ) I wish to present the following information, statement, etc. in addition:

(Use a separate page, if needed.)

( ) I have documents, exhibits, declarations under penalty of perjury and/or other materials that I am

attaching to this form or that I want to be made a part of the administrative record for this administrative

penalty. (Please list in chronological order by date, author and title and enclose a copy with this

completed form.)

( ) I object to the action on the ground that, under the circumstances, compliance with the requirement of a

regulation would result in a material violation of another regulation enacted by another department

affecting substantive rights. (List the other regulation(s))

( ) I will pay the full assessed amount and waive a hearing.

If you intend to be represented by an attorney, please state his/her name, address, and telephone

number. Otherwise, state the address and phone number where you want legal documents sent. Mail