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.