reglab/statecodes huggingface dataset:
California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 6 - Division of Land Resource Protection › Article 2 - Solar-Use Easements › Section 3101 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the
				  purposes of this article, the following definitions shall apply:
(1) A "solar-use easement project" and
				  "project" shall mean all land and photovoltaic panels and foundations, and
				  other installations, facilities, buildings, accessory structures, or other
				  improvements to the land that are related to the photovoltaic generation of
				  electricity on land that is or has been proposed to be placed into a solar-use
				  easement.
(2) A "solar-use easement
				  landowner" shall mean "landowner" as that term is defined in Government Code
				  Section
				  51190, and
				  any person or entity who owns, or has leased, or is a trustee as provided in
				  that statute, of land that is, or has been proposed to be, placed into a
				  solar-use easement.
(3) "Solar-use
				  easement land" shall mean the land that is or has been proposed to be placed
				  into a solar-use easement.
(4)
				  "Solar-use easement statutes" shall mean chapter 6.9 (commencing with section
				  51190), of part 1, of division 1
				  of title 5 of the Government Code.
(5) "Applicant" means any person or entity
				  who applies for a solar-use easement; applicants include landowners who propose
				  to develop, construct, supervise, manage, or own a solar-use easement
				  project.
(6) "Solar-use easement
				  amendment" shall mean any modification to the provisions of a solar-use
				  easement that changes all or any provision regarding a use, a management plan,
				  or a restoration plan that has been allowed or required by the solar-use
				  easement on the solar-use easement project site.
California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 6 - Division of Land Resource Protection › Article 2 - Solar-Use Easements › Section 3102 - Application for, and Documents Regarding, a Solar-Use Easement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All documents regarding an application,
				  amendment, or any other matter related to a solar-use easement shall be
				  submitted by the landowner to the city or county party to the Williamson Act or
				  farmland security zone contract. Upon receipt of the foregoing documents, the
				  city or county shall forward the documents to the Department in accordance with
				  these regulations.
(b) An
				  application for a solar-use easement and all supporting documents shall be
				  submitted by a landowner to the city or county that is the party to the
				  Williamson Act or farmland security zone contract. Upon receipt by the city or
				  county, if the city or county will consider approval of the application, the
				  city or county shall forward the application and all supporting documents to
				  the Department. The city or county shall first submit the request for
				  eligibility determination and the application and supporting documents to the
				  Department pursuant to Government Code section
				  51191. If
				  the Department determines that the landowner is eligible for a solar-use
				  easement and the city or county proposes to approve or accept the solar-use
				  easement, then the city or county shall forward all additional application and
				  supporting documents to the Department for review and comment.
(c) An application to determine eligibility
				  for a solar-use easement shall include the following:
(1) The project name or number (if any is
				  assigned).
(2) A list of the parcel
				  numbers located within the proposed solar-use easement.
(3) The total number of acres currently under
				  the Williamson Act contract or contracts proposed to be rescinded for entry
				  into the proposed solar-use easement.
(4) A location map of the solar-use easement
				  site, including parcel boundaries and individual field locations.
(5) A current farmland designation map
				  indicating whether the solar-use easement land is prime farmland, unique
				  farmland, farmland of statewide importance, farmland of local importance,
				  grazing land, urban and built-up land, or "other land" as defined by the
				  Department's Farmland Mapping and Monitoring Program as of January 1, 2010, or
				  the most recent map released by the Farmland Mapping and Monitoring
				  Program.
(6) The project start
				  date, its projected life, and its projected energy production.
(7) A written narrative describing the facts
				  that are being used to support the eligibility application, as required by
				  section 3103 of this article.
(8) To the extent applicable, any information
				  outlined in sections
				  3104 through
				  3107 of this article, that
				  supports the application for eligibility.
California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 6 - Division of Land Resource Protection › Article 2 - Solar-Use Easements › Section 3103 - Written Narrative Regarding Eligibility Based on Soil, Chemical, or Physical Properties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An application shall include a written
				  narrative factually demonstrating that, even under the best currently available
				  cultivation and management practices, continued agricultural use of the
				  proposed solar-use easement area is substantially limited due to chemical or
				  physical properties of the soils found on the site. The narrative shall
				  include:
(1) Reference to USDA NRCS soil
				  survey information for the proposed easement area, including:
(A) A soil map that clearly delineates the
				  soil mapping units found on the site.
(B) The land capability classification,
				  indicating whether the land is irrigated or non-irrigated, for each soil
				  mapping unit.
(C) The soil survey
				  description of the primary physical or chemical limitation(s) to agricultural
				  use for each soil mapping unit.
California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 6 - Division of Land Resource Protection › Article 2 - Solar-Use Easements › Section 3104 - Soil Test Report

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
				  the eligibility application is based on soils with significantly reduced
				  agricultural productivity or severely adverse soil conditions detrimental to
				  continued agricultural activities and production, the application shall include
				  factual data specific to the site's soil conditions to support the eligibility,
				  including:
(1) A soil test report and/or a
				  soil survey demonstrating that the present characteristics of the soil
				  significantly reduce the soil's agricultural productivity. The soil test report
				  or survey shall have been conducted by a certified soil scientist or certified
				  professional soil classifier.
(2)
				  The soil test report shall include the name, employer, date of licensure, and
				  contact information of the certified soil scientist or certified professional
				  soil classifier who conducted the soil test.
(3) All soil samples utilized in the soil
				  test report shall be taken from the land proposed for the solar-use easement.
				  The soil test report shall include a map that shows the locations on the
				  solar-use easement land where the soil samples were taken.
(4) The soil test shall be conducted no more
				  than one (1) year prior to submission of the application for a solar-use
				  easement.
California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 6 - Division of Land Resource Protection › Article 2 - Solar-Use Easements › Section 3105 - Water Availability Analysis

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the eligibility application is based
				  upon insufficient water availability, the application shall include an analysis
				  of water availability demonstrating the insufficiency of water supplies for
				  continued agricultural production and shall indicate the source or sources of
				  water used for agricultural production on the proposed solar-use easement land.
				  This analysis shall include factual data specific to the site's water
				  availability conditions to support eligibility, including, as applicable, one
				  or more of the following:
(1) The source or
				  sources of surface water used for agricultural production on the solar-use
				  easement land including the number of acre feet delivered and applied for each
				  of the immediately preceding six (6) years.
(2) A characterization of the groundwater
				  available to the solar-use easement land including the well depth, the amount
				  of groundwater applied, the groundwater fluctuation over the immediately
				  preceding six (6) years, and saline water depths.
(3) A description of any dryland farming on
				  the solar-use easement land.
California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 6 - Division of Land Resource Protection › Article 2 - Solar-Use Easements › Section 3106 - Water Quality Analysis

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
				  the eligibility application is based upon an assertion that the soil is
				  marginally productive or physically impaired as a result of the quality of
				  water available to the solar-use easement land, the application shall include
				  an analysis of water quality demonstrating that continued agricultural
				  production would, under the best currently available management practices, be
				  significantly reduced. The analysis shall include factual data specific to the
				  water quality conditions available to the site to support the eligibility,
				  including, as applicable:
(1) a qualitative
				  description of surface water source(s) that is focused on chemical content and
				  other constituents with the potential to impact agricultural
				  productivity.
(2) A qualitative
				  description of groundwater that is focused on chemical content and other
				  constituents with the potential to impact agricultural productivity.
(3) A description of water source blending,
				  pre-treatment, and other techniques used to mitigate water quality issues, and
				  the limitations of such techniques specific to the site.
California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 6 - Division of Land Resource Protection › Article 2 - Solar-Use Easements › Section 3107 - Crop and Yield Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the eligibility application is based
				  upon an assertion that the soil is marginally productive or physically impaired
				  in a manner that has impacted crop yield, the application shall include factual
				  data specific to the site's crop and yield for the immediately preceding six
				  (6) years. The crop and yield information for cultivated lands shall include:
(1) Annual cropping history and yields, by
				  parcel and individual field location, over the immediately preceding six (6)
				  years, as indicated on the map of the proposed solar-use easement area
				  submitted pursuant to section
				  3102(c)(4) of
				  this article.
(2) A comparison of
				  crop yield information for the site against average crop yields for the same
				  crop on a county basis. County-level data may be acquired from the county
				  agricultural commissioner's office.
(3) If applicable, supporting information in
				  the form of crop insurance or disaster assistance approvals may be provided as
				  evidence of crop and yield impacts.
California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 6 - Division of Land Resource Protection › Article 2 - Solar-Use Easements › Section 3108 - Soil Management and Site Restoration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon the Department's determination that
				  the site proposed for a solar-use easement is eligible, the landowner shall
				  submit a proposed soil management and site restoration plan to the city or
				  county that describes the site including the information required by section
				  3102. The plan shall describe how
				  the soil will be managed and protected for future agricultural use during the
				  life of the easement, provide for site restoration, and describe how impacts to
				  adjacent agricultural operations will be minimized. The city or county shall
				  forward the proposed management plan to the Department. A management plan shall
				  consist of two components, a soil management component and a site restoration
				  component.
(1) The soil management component
				  shall include a description of the soil management practices to be utilized on
				  the solar-use easement land including:
(A) The
				  construction activities, including, but not limited to soil grading and its
				  effect on the current condition of the easement's soils.
(B) Soil management during the life of the
				  easement, including, as applicable, but not limited to:
1. Soil erosion protection;
2. Concurrent grazing activities;
3. Irrigation;
4. Maintenance
				  activities.
(C) The
				  effect of soil removal activities, if any, upon the condition of the easement's
				  soils.
California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 6 - Division of Land Resource Protection › Article 2 - Solar-Use Easements › Section 3109 - Additional Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the Department determines, in
				  consultation with the Department of Food and Agriculture, that lands are
				  eligible to be included in a solar-use easement, the city or county shall:
(1) Include, as conditions of approval or
				  acceptance of the solar-use easement and as requirements of the easement, all
				  recommendations regarding the soil management plan that are made by the
				  Department; and
(2) Require
				  implementation of the soil management plan.
California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 6 - Division of Land Resource Protection › Article 2 - Solar-Use Easements › Section 3110 - Site Inspections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Solar-use easement landowners and project
				  operators must allow cities and counties to inspect lands that have been placed
				  into a solar-use easement and all structures and activities taking place
				  thereon. The inspections are subject to the following conditions:
(1) Inspection of a solar-use easement may be
				  conducted to determine whether the solar-use easement and the operations
				  thereon have violated any requirements of the solar-use easement statutes, this
				  article, and the easement's soil management and restoration plan.
(2) Upon completion of an inspection, an
				  inspection report shall be generated by the city or the county. The inspection
				  report shall include the matters described in subdivision (a)(1), and any other
				  reports or documents prepared by the inspector or inspection team regarding the
				  solar-use easement. The completed inspection report, along with any statement
				  by the city or county regarding the status of compliance of the project, shall
				  be provided to the Department and the solar-use easement landowner within 30
				  days of completion of the inspection.
California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 6 - Division of Land Resource Protection › Article 2 - Solar-Use Easements › Section 3111 - Restoration Security Amount

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For perpetual easements, cities and
				  counties may require financial security for restoration of the solar-use
				  easement land in whatever amount that the city or county deems necessary to
				  ensure restoration of the solar-use easement land will be accomplished in
				  accordance with Government Code section
				  51191.3(b)(3),
				  the approved soil management plan, and with this article.
(b) For term easements and self-renewing
				  easements, landowner applicants shall post a restoration security instrument in
				  an amount that complies with the provisions of this section. The restoration
				  securities shall be in an amount determined by the city or county to be
				  adequate to fund the restoration of the easement land to the same condition
				  that existed immediately preceding the approval or acceptance of the easement
				  by the time that the easement terminates. The restoration security instrument
				  shall be in effect at the commencement of the project and remain in force at
				  all times until the bond or restoration security instrument is released by the
				  city or county.
(c) The performance
				  bond or other restoration security required by subdivision (b) shall be
				  sufficient to cover all restoration costs. "Restoration costs" shall include
				  all costs calculated to be incurred to restore the solar-use easement land to
				  the same condition that existed at the time of approval or acceptance of the
				  easement and in accordance with the approved management and restoration plan,
				  including, to the extent applicable:
(1) The
				  cost of the physical activities and materials necessary to implement the
				  approved management plan, including:
(A)
				  Re-grading;
(B) Re-vegetation,
				  including monitoring;
(C) Labor and
				  supervision;
(D)
				  Equipment;
(E) Mobilization and
				  transportation;
(F) Removal and
				  disposal of buildings, structures, and equipment;
(G) Soil tests;
(H) Fencing;
(I) Liability insurance;
(J) Any other necessary restoration
				  procedures.
California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 6 - Division of Land Resource Protection › Article 2 - Solar-Use Easements › Section 3112 - Restoration Security Instruments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If a city or county requires restoration
				  security pursuant to Government Code section
				  51191.3(b)(3)
				  and section
				  3111(a) of this
				  article, the city or county shall determine what type, and the amount, of
				  financial assurances or financial instruments the landowner shall provide to
				  ensure that restoration of the easement land is performed in accordance with
				  the approved soil management plan and Government Code section
				  51191.3(b)(3).
(b) For term easements and self-renewing
				  easements, "restoration security" shall mean an instrument, fund, or other form
				  of financial assurance as required by Government Code
				  51191.3(c)
				  and 3111(b) and (c), and may take the form of any one or a combination of the
				  following, which the city or county determines are adequate to perform
				  restoration in accordance with Government Code section
				  51191.3(c) and
				  the approved soil management plan:
(1)
				  Performance bonds;
(2) Surety
				  bonds;
(3) Irrevocable letters of
				  credit;
(4) Trust funds;
(5) A corporate guarantee;
(6) Other forms of financial securities,
				  approved by the city or county, to be adequate to ensure restoration of the
				  solar-use easement land to the same condition that existed at the time of
				  approval or acceptance of the easement.
California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 6 - Division of Land Resource Protection › Article 2 - Solar-Use Easements › Section 3113 - Reduction or Release of Restoration Security

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For perpetual easements, the city or
				  county may determine whether and when a restoration security may be reduced or
				  released.
(b) For term easements or
				  self-renewing easements, prior to the reduction or release of a restoration
				  security instrument, the city or county shall provide the following to the
				  Department:
(1) An inspection report
				  supported by facts indicating that the condition of the solar-use easement land
				  has changed to a degree that reduction of the existing restoration security may
				  be made without compromising the ability of the city or county to restore the
				  solar-use easement land.
(2) A
				  revised restoration security cost estimate prepared by the landowner and
				  accepted by the city or county, with supporting facts and documentation,
				  indicating the specific cost changes supporting reduction to the existing
				  restoration security amount.
(3) If
				  the city or county proposes release of the restoration security, they must make
				  findings supported by facts and documentation that shall include the most
				  recent inspection report and any other reviews prepared as part of the
				  inspection report, indicating that the solar-use easement land has been
				  restored in accordance with the approved soil management and restoration plan
				  and that there are no outstanding restoration liabilities.
California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 6 - Division of Land Resource Protection › Article 2 - Solar-Use Easements › Section 3114 - Amendment Fee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If authorized by the city or county, a landowner may amend
					 their solar-use easement. Amendments shall be subject to the same requirements
					 as an initial application. If a landowner submits a proposed amendment to a
					 solar-use easement management or restoration plan, the landowner shall pay the
					 Department the reasonable cost to review the proposed amendment to the plan.
					 The amendment fee shall not exceed the costs incurred by the Department to
					 review the proposed amendment or the $2,200 assessed for initial management
					 plan review by section
					 3100(b)(2) of
					 this article.
1. New
					 section filed 1-16-2014; operative 2-1-2014 pursuant to Government Code section
					 11343.4
					 (Register 2014, No. 3).
Note: Authority cited: Sections
						51191.3
						and
						51191.8,
						Government Code. Reference: Section
						51191.3,
						Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 6 - Division of Land Resource Protection › Article 2 - Solar-Use Easements › Section 3115 - Forfeiture of Restoration Security

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition to an action to enforce the
				  terms of a solar-use easement, a city or county may require forfeiture of
				  restoration security when any of the following circumstances has occurred:
(1) The city or county determines that a
				  solar-use easement landowner is financially incapable of performing restoration
				  in accordance with the approved management plan.
(2) A landowner has not completed restoration
				  in compliance with the approved management plan for the solar-use easement by
				  the time the easement terminates.
(3) A landowner has failed to provide the
				  city or county with a revised restoration security cost estimate as required by
				  section 3111(g) that
				  adequately addresses the criteria contained in this article within 30 days of
				  receipt of notification from the city or county to provide a revised cost
				  estimate.
(4) An acceptable
				  restoration security instrument will lapse within 30 days and the landowner has
				  not provided evidence satisfactory to the city or county that another
				  restoration security instrument will take effect before the security
				  lapses.
(5) If the restoration
				  security coverage is not, according to the city or the county, adequate to
				  ensure restoration of the solar-use easement lands in accordance with the
				  approved soil management plan and the landowner has not provided evidence
				  satisfactory to the city or county with substitute or additional security
				  within 30 days' notice from the city or county.
California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 6 - Division of Land Resource Protection › Article 2 - Solar-Use Easements › Section 3116 - Criteria for Determining Financial Capability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For term easements or self-renewing
				  easements, the city or county shall determine that a solar-use easement
				  landowner does not have the financial capability to perform restoration of the
				  solar-use easement land if the city or county can make either finding located
				  in subdivision (a)(1) or (b)(2) below. The city or county may also utilize
				  other relevant facts to determine whether the solar-use easement landowner has
				  the financial capability to perform site restoration. A solar-use easement
				  landowner shall provide the city or county with any and all information
				  requested by any of those agencies to ascertain the landowner's financial
				  capability. A landowner shall be found financially incapable if the city or
				  county makes either of the following findings:
(1) The landowner has not provided
				  restoration security in an amount deemed adequate by the city or
				  county.
(2) The landowner has not
				  provided a restoration security instrument that has been approved by the city
				  or county as required by in Section
				  3112 of this
				  article.
California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 6 - Division of Land Resource Protection › Article 2 - Solar-Use Easements › Section 3117 - Procedure for Forfeiture of Restoration Security - Public Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If under sections
					 3115 and
					 3116 the city or county determines
					 that the restoration security shall be forfeited, the landowner shall be
					 provided a public hearing prior to the forfeiture.
1. New
					 section filed 1-16-2014; operative 2-1-2014 pursuant to Government Code section
					 11343.4
					 (Register 2014, No. 3).
Note: Authority cited: Sections
						51191.3
						and
						51191.8,
						Government Code. Reference: Sections
						51191 and
						51191.3,
						Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 8 - Mining and Geology › Subchapter 1 - State Mining and Geology Board › Article 1 - Surface Mining and Reclamation Practice › Section 3500 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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).
1. New
						Chapter 8, Subchapter 1 (Sections
						3500-3508, not consecutive, and
						Appendices A, B and C) filed 3-29-77; effective thirtieth day thereafter
						(Register 77, No. 14).
2. Amendment of NOTE filed 8-10-82; effective
						thirtieth day thereafter (Register 82, No. 33).
3. Repealer and new
						section filed 4-29-85; effective thirtieth day thereafter (Register 85, No.
						18).
Note: Authority cited: Section
						  2755,
						  Public Resources Code. Reference: Sections
						  2710-
						  2795,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 8 - Mining and Geology › Subchapter 1 - State Mining and Geology Board › Article 1 - Surface Mining and Reclamation Practice › Section 3502 - The Reclamation Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.
California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 8 - Mining and Geology › Subchapter 1 - State Mining and Geology Board › Article 1 - Surface Mining and Reclamation Practice › Section 3503 - Surface Mining and Reclamation Practice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 8 - Mining and Geology › Subchapter 1 - State Mining and Geology Board › Article 1 - Surface Mining and Reclamation Practice › Section 3503.1 - Reclamation Plan Elements. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 4-29-85; effective thirtieth day thereafter (Register 85, No.
						18).
Note: Authority cited: Section
						  2755,
						  Public Resources Code. Reference: Sections
						  2756,
						  2757,
						  2772
						  and
						  2773,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 8 - Mining and Geology › Subchapter 1 - State Mining and Geology Board › Article 1 - Surface Mining and Reclamation Practice › Section 3504 - Administration by Lead Agency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Record
					 Keeping. The lead agency shall establish and maintain in-house 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 and financial assurance instrument to
					 the supervisor of the Division of Mine Reclamation.
(b) Financial Assurances. The lead agency
					 shall ensure that the objectives of the reclamation plan will be attained. This
					 may include provisions for surety bonds, irrevocable letters of credit, trust
					 funds, or other forms of financial assurances adopted by the board in
					 accordance with PRC § 2773.1(e), 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.
Note: Authority cited: Section
						  2755,
						  Public Resources Code. Reference: Sections
						  2757,
						  2758(b),
						  2774(a)
						  and
						  2778,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 8 - Mining and Geology › Subchapter 1 - State Mining and Geology Board › Article 1 - Surface Mining and Reclamation Practice › Section 3504.6 - Guidance Document for Surface Mine Inspectors (Gdsmi)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The guidance document required for the department's
						inspection training program under subdivision (e) of Public Resources Code
						section
						2774,
						shall consist of the "Guidance Document for Surface Mine Inspectors," dated
						January 1, 2018, which is hereby incorporated by reference.
1. New
						section filed 12-13-2017; operative 4-1-2018 (Register 2017, No.
						50).
Note: Authority cited: Section
						  2774,
						  Public Resources Code. Reference: Section
						  2774,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 8 - Mining and Geology › Subchapter 1 - State Mining and Geology Board › Article 1 - Surface Mining and Reclamation Practice › Section 3505 - Special Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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 Section
					 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 on-site 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.
California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 8 - Mining and Geology › Subchapter 1 - State Mining and Geology Board › Article 1 - Surface Mining and Reclamation Practice › Section 3506 - Special Provisions. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						NOTE filed 8-10-82; effective thirtieth day thereafter (Register 82, No.
						33).
2. Renumbering and amendment of Section
						3506 to Section
						3505 filed 4-29-85; effective
						thirtieth day thereafter (Register 85, No. 18).
Note: Authority cited: Sections
						  2714(d)
						  and
						  2755,
						  Public Resources Code. Reference: Sections
						  2714,
						  2758(c)
						  and
						  2776,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 8 - Mining and Geology › Subchapter 1 - State Mining and Geology Board › Article 1 - Surface Mining and Reclamation Practice › Section 3507 - Suggested Form for Reclamation Plan. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						NOTE filed 8-10-82; effective thirtieth day thereafter (Register 82, No.
						33).
2. Repealer filed 4-29-85; effective thirtieth day thereafter
						(Register 85, No. 18).
Note: Authority cited: Section
						  2755,
						  Public Resources Code. Reference: Sections
						  2756,
						  2757,
						  2758(b),
						  2772
						  and
						  2773,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 8 - Mining and Geology › Subchapter 1 - State Mining and Geology Board › Article 1 - Surface Mining and Reclamation Practice › Section 3507.1 - Confidential Information. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						NOTE filed 8-10-82; effective thirtieth day thereafter (Register 82, No.
						33).
2. Repealer filed 4-29-85; effective thirtieth day thereafter
						(Register 85, No. 18).
Note: Authority cited: Section
						  2755,
						  Public Resources Code. Reference: Section
						  2778,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 8 - Mining and Geology › Subchapter 1 - State Mining and Geology Board › Article 1 - Surface Mining and Reclamation Practice › Section 3507.2 - Multiple Operations in a Single Plan. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						NOTE filed 8-10-82; effective thirtieth day thereafter (Register 82, No.
						33).
2. Repealer filed 4-29-85; effective thirtieth day thereafter
						(Register 85, No. 18).
Note: Authority cited: Section
						  2755,
						  Public Resources Code. Reference: Sections
						  2756,
						  2757,
						  2758(b),
						  2772
						  and
						  2773,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 8 - Mining and Geology › Subchapter 1 - State Mining and Geology Board › Article 1 - Surface Mining and Reclamation Practice › Section 3508 - Model Surface Mining and Reclamation Ordinance. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						NOTE filed 8-10-82; effective thirtieth day thereafter (Register 82, No.
						33).
2. Repealer filed 4-29-85; effective thirtieth day thereafter
						(Register 85, No. 18).
Note: Authority cited: Section
						  2755,
						  Public Resources Code. Reference: Sections
						  2758(b)
						  and
						  2774(a),
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 8 - Mining and Geology › Subchapter 1 - State Mining and Geology Board › Article 1 - Surface Mining and Reclamation Practice › Appendix - Appendices A-C. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer of Appendices A-C filed 4-29-85; effective thirtieth day thereafter
						(Register 85, No. 18).
California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 8 - Mining and Geology › Subchapter 1 - State Mining and Geology Board › Article 2 - Areas Designated to be of Regional Significance › Section 3550 - Introduction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Pursuant to Section
						2790 of the Surface Mining and
						Reclamation Act, the Mining and Geology Board designates certain mineral
						resource sectors within the following geographical areas to be of regional
						significance.
1. New
						Article 2 (Sections
						3550 and
						3550.1) filed 10-22-81; effective
						thirtieth day thereafter (Register 81, No. 43).
Note: Authority cited and Reference: Section
						  2790,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 8 - Mining and Geology › Subchapter 1 - State Mining and Geology Board › Article 2 - Areas Designated to be of Regional Significance › Section 3550.1 - Tujunga and Pacoima Wash Areas of the San Fernando Valley Region, Los Angeles County

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
On January 7, 1981, following a December 11, 1980, public
						hearing, the Mining and Geology Board designated Sectors A, B, C, and D of the
						Tujunga and Pacoima Wash areas to be of regional significance. In general,
						these sectors are described as follows:
(1) Sector A -- Tujunga Valley east of the
					 Hansen Dam flood control basin, west of the 210 freeway and excluding
					 identified archaeological sites;
(2) Sector B -- the Hansen Dam
					 Area;
(3) Sector C -- an area
					 southwest of Hansen Dam; and
(4)
					 Sector D -- Pacoima Wash north of Lopez Dam.
These sectors contain sand and gravel deposits which
						provide a source of construction aggregate for the region's future need.
Designation Map #81-1 and a report summarizing the
						designation findings of the State Mining and Geology Board are on file at the
						Board's office in Sacramento.
Note: Authority cited: Section
						  2790,
						  Public Resources Code. Reference: Sections
						  2726,
						  2761-
						  2763
						  and
						  2790-
						  2792,
						  Public Resources Code.
Note: Authority cited and Reference: Section
						  2790,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 8 - Mining and Geology › Subchapter 1 - State Mining and Geology Board › Article 2 - Areas Designated to be of Regional Significance › Section 3550.2 - Santa Clara River Valley Area of the Western Ventura County Region, Ventura County

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
On January 28, 1982, following a November 19, 1981,
						public hearing, the State Mining and Geology Board designated Sectors A, B, C,
						D, E, F, G, H, I, and J, on Designation Map #82-1, in the Santa Clara River
						Valley to be of regional significance. In general, these sectors are described
						as follows:
(1) Sector A--Instream
					 deposits of the Santa Clara River near the community of El Rio beginning
					 approximately one mile downstream of the U.S. Highway 101 bridge and extending
					 to a point approximately two miles upstream of the Los Angeles Avenue
					 bridge.
(2) Sector B--Offstream
					 deposits located adjacent to Vineyard Avenue in the community of El
					 Rio.
(3) Sector C--Offstream
					 deposits located in and adjacent to the community of El Rio.
(4) Sector D--Offstream deposits located east
					 of Los Angeles Avenue and south of the Santa Clara River.
(5) Sector E--Instream deposits of the Santa
					 Clara River beginning at the eastern boundary of Sector A and extending
					 upstream to the confluence of Santa Paula Creek.
(6) Sector F--Instream deposits extending
					 from the eastern boundary of Sector E upstream to the confluence of Sespe
					 Creek.
(7) Sector G--Instream
					 deposits extending from the eastern boundary of Sector F upstream to Cavin
					 Road.
(8) Sector H--Instream
					 deposits extending from the eastern boundary of Sector G upstream to
					 Piru.
(9) Sector I--Instream
					 deposits extending from the eastern boundary of Sector H upstream for
					 approximately three miles.
(10)
					 Sector J--Instream deposits extending from the eastern boundary of Sector I
					 upstream to the Ventura County line.
These sectors contain sand and gravel deposits that
						provide a source of construction aggregate for the region's future need.
Designation Map #82-1 and a report summarizing the
						designation findings of the State Mining and Geology Board, "Designation of
						Regionally Significant Construction Aggregate Resource Areas in the Western
						Ventura County and Simi Production-Consumption Regions--March 1982," are on
						file at the Board's office in Sacramento.
1. New
						section filed 5-6-82; effective thirtieth day thereafter (Register 82, No.
						19).
Note: Authority cited: Section
						  2790,
						  Public Resources Code. Reference: Sections
						  2726,
						  2761-
						  2763
						  and
						  2790-
						  2791,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 8 - Mining and Geology › Subchapter 1 - State Mining and Geology Board › Article 2 - Areas Designated to be of Regional Significance › Section 3550.3 - Simi Valley Area of the Simi Region, Ventura County

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
On January 28, 1982, following a November 19, 1981,
						public hearing, the State Mining and Geology Board designated Sectors A, B, and
						C, on Designation Map 82-1, in the Simi Valley area to be of regional
						significance. In general, these sectors are described as follows:
(1) Sector A--Hillside deposits located on
					 Oak Ridge and the Simi Hills.
(2)
					 Sector B--Hillside deposits located along a portion of Oak Ridge extending from
					 Long Canyon eastward to the Ventura County line.
(3) Sector C--Hillside deposits located above
					 Meir and Runkle Canyons in the Simi Hills.
These sectors contain sand and gravel deposits that
						provide a source of construction aggregate for the region's future
						needs.
Designation Map #82-1 and a report summarizing the
						designation findings of the State Mining and Geology Board, "Designation of
						Regionally Significant Construction Aggregate Resource Areas in the Western
						Ventura County and Simi Production-Consumption regions--March 1982," are on
						file at the Board's office in Sacramento.
1. New
						section filed 5-6-82; effective thirtieth day thereafter (Register 82, No.
						19).
Note: Authority cited: Section
						  2790,
						  Public Resources Code. Reference: Sections
						  2726,
						  2761-
						  2763
						  and
						  2790-
						  2791,
						  Public Resources Code.