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 7 - Financial Assurance Cost Estimate Appeal Procedures › Section 3691.10 - Hearing Procedures-Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Following the public hearing, the Board
					 shall determine whether, based on the record before it, the lead agency
					 approved financial assurance cost estimate for reclamation is sufficient to
					 complete reclamation in accordance with the approved reclamation plan and/or
					 plan amendments pursuant to the applicable requirements of Public Resources
					 Code sections
					 2770,
					 2773.1,
					 2773.4,
					 Article 11 (commencing with section
					 3800) of this subchapter, the
					 Board's financial assurance guidelines, and the lead agency surface mining
					 ordinance adopted pursuant to subdivision (a) of section
					 2774. A lead agency approved
					 financial assurance cost estimates determined to meet these requirements shall
					 be upheld by the Board. Notification of the Board's determination shall be made
					 by certified mail to the Division, the operator, the lead agency, and any other
					 public agency or agencies exercising jurisdiction over the surface mining
					 operation, if applicable, within 10 days following the regular business meeting
					 of the Board at which the decision was made.
(b) In cases where the lead agency approved
					 financial assurance cost estimate for reclamation is found to be insufficient
					 to complete reclamation, deficiencies, including any adequate cost estimates
					 for each noted deficiency, shall be noted in the correspondence notifying the
					 lead agency, any other public agency or agencies exercising jurisdiction over
					 the surface mining operation, if applicable, the Division, and the operator of
					 the Board's determination. The operator shall be granted, once only, a period
					 of 30 days, or a longer period mutually agreed upon by the operator, the
					 Division, and the Board, to correct the noted deficiencies and submit the
					 revised financial assurance cost estimate to the lead agency for approval, and
					 to the Division, the Board, and any other public agency or agencies exercising
					 jurisdiction over the surface mining operation, if applicable, for review.
					 Prior to lead agency approval of the revised financial assurance cost estimate,
					 the Chair of the Board, or the Chair's designee (Board Member or Executive
					 Officer) shall have a period of 15 days following receipt to review the revised
					 financial assurance cost estimate for confirmation that the corrections are
					 consistent with the Board's determination. Only after the Board has provided
					 notice to the lead agency confirming the corrections are consistent with the
					 Board's determination may the lead agency approve the revised financial
					 assurance cost estimate. The lead agency shall provide notice to the Division
					 and any other public agency or agencies exercising jurisdiction over the
					 surface mining operation, if applicable, of the approved revised financial
					 assurance cost estimate within 5 days of approval.
1. New
						section filed 11-7-2019; operative 1-1-2020 (Register 2019, No.
						45).
Note: Authority cited: Sections
						  2755,
						  2759
						  and
						  2770,
						  Public Resources Code. Reference: Sections
						  2770
						  and
						  2774,
						  Public Resources Code.