reglab/statecodes huggingface dataset:
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 8 - Fees Schedule › Form MRRC-4M

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
State of California
DEPARTMENT OF CONSERVATION
Request for Multiple-Site Method of Fee Assessment
MRRC-4M (Revised 04/97)
Requested by: __________
Mine Operator or Mining
						Company
MULTIPLE-SITE SINGLE FEE REQUEST FOR 1996 REPORTING
						PERIOD
Operators with multiple,
ACTIVE
surface
						mining operations may qualify for a reduced, single reporting fee of $2,000, if
						answers to
ALL
of the following questions
						are
"YES"
(idle mining operations must be reported
						separately):
Yes []
No []
1.
Are all of the operations operated by a single operator or mining
								company?
Yes []
No []
2.
Is the total combined production of the primary commodity for all
								operations:
a) less
								than 100 troy ounces for precious metals?
OR
b) less
								than 100,000 short tons for non-precious metals?
Yes []
No []
3.
Are all operations
active
?
Yes []
No []
4.
Are
idle
operations excluded from this request?
Yes []
No []
5.
Will all active operations within the State operated by this
								operator or company be listed on this single fee request form?
Yes []
No []
6.
Will this completed form be submitted with separate annual reports
								for each operation? (California Code of Regulations [CCR] requires the $2,000
								single fee to be paid by July 1, 1997.)
IF YOU ANSWERED "NO" TO
ANY
OF THE QUESTIONS ABOVE (ITEMS 1-6), THE OPERATIONS
						DO NOT MEET THE MULTIPLE-SITE SINGLE FEE REQUIREMENTS OF CCR SECTION
						3697. IF YOU ANSWERED "YES" TO
ALL
OF THE QUESTIONS ABOVE, COMPLETE THIS FORM AND
						SUBMIT IT TO THE OFFICE OF MINE RECLAMATION WITH THE SEPARATE 1996 MINING
						OPERATION ANNUAL REPORTS FOR EACH OPERATION LISTED BELOW
(for additional
						sites, please attach a separate sheet)
:
CA MINE ID#
PRIMARY
								COMMODITY
AMOUNT PRODUCED
CHECK ONE
Short Tons
Troy
								Ounces
TOTAL COMBINED AMOUNT
								PRODUCED
If the Department of Conservation determines that
						the multiple-site single fee is not warranted, the operator shall remit annual
						reporting fees calculated upon the total primary mineral commodity produced on
						each of the site listed above, pursuant to CCR Section
						3698. Such fees shall be remitted
						within thirty (30) days of notification by the Department of Conservation. An
						operator or owner remitting an annual reporting fee later than thirty (30) days
						after notification, shall be assessed penalties and interest, as provided for
						in Public Resources Code (PRC) Section
						2207(d)(5).
I certify that the information submitted herein
						is complete and accurate (failure to submit complete and accurate requisite
						information may result in the imposition of an administrative penalty of up to
						$5,000 a day, as provided for in PRC Section
						2774.1).
___________________________
___________________________
___________________________
Signature
Title
Date
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 9 - Reclamation Standards › Section 3700 - Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Reclamation of mined lands shall be implemented in
						conformance with the standards in this Article.
(a) The standards shall apply to each surface
					 mining operation to the extent that:
(1) they
					 are consistent with required mitigation identified in conformance with the
					 California Environmental Quality Act, provided that such mitigation is at least
					 as stringent as the standards; and
(2) they are consistent with the planned or
					 actual subsequent use or uses of the mining site.
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 9 - Reclamation Standards › Section 3701 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following definitions shall govern the interpretation
						of these regulations:
"Arid" means landscapes with an average annual
						precipitation of five inches or less.
"Contamination" means an impairment of the quality of the
						waters of the state to a degree which creates a hazard to the public health
						through poisoning or through the spread of disease.
"Highwall" means the unexcavated face of exposed
						overburden and ore in a surface mine.
"Indigenous Plants" means plants occurring naturally in
						an area, not introduced.
"Native Species" means plant species indigenous to
						California, using pre-European as the historic time reference.
"Noxious Weeds" means any species of plant that is or is
						likely to become destructive or difficult to control or eradicate, and is
						termed to be so by the Director of the Department of Food and Agriculture in
						section 4500, Title 3 of the California
						Code of Regulations, pursuant to the Food and Agriculture Code section
						5004 et seq.
"Vegetative Cover" means the vertical projection of the
						crown or shoot area of a species to the ground surface expressed as a
						percentage of the reference area (percentage can be greater than 100
						percent).
"Vegetative Density" means the number of individuals or
						stems of each species rooted within the given reference area.
"Vegetative Species-richness" means the number of
						different plant species within the given reference area.
"Wetlands" for the purposes of these regulations, the
						definition of wetlands shall be the same as defined in the California Fish and
						Game Code, section
						2785,
						subdivision (g).
1. New
						section filed 12-16-92; operative 1-15-93 (Register 92, No.
						51).
Note: Authority cited: Sections
						  2755,
						  2756
						  and
						  2773,
						  Public Resources Code. Reference: Section
						  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 9 - Reclamation Standards › Section 3702 - Financial Assurances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Lead agencies shall require financial assurances for
						reclamation in accordance with Public Resources Code section
						2773.1
						to ensure that reclamation is performed in accordance with the approved
						reclamation plan and with this article.
1. New
						section filed 12-16-92; operative 1-15-93 (Register 92, No.
						51).
Note: Authority cited: Sections
						  2755,
						  2773
						  and
						  2773.1,
						  Public Resources Code. Reference: Sections
						  2773
						  and
						  2773.1,
						  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 9 - Reclamation Standards › Section 3703 - Performance Standards for Wildlife Habitat

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Wildlife and wildlife habitat shall be protected in
						accordance with the following standards:
(a) Rare, threatened or endangered species as
					 listed by the California Department of Fish and Game, (California Code of
					 Regulations, Title 14, sections
					 670.2 -
					 670.5) or the U.S. Fish and
					 Wildlife Service, (50 CFR
					 17.11 and
					 17.12) or species of special
					 concern as listed by the California Department of Fish and Game in the Special
					 Animals List, Natural Diversity Data Base, and their respective habitat, shall
					 be conserved as prescribed by the federal Endangered Species Act of 1973,
					 16 U.S.C. section
					 1531 et seq., and the California Endangered
					 Species Act, Fish and Game Code section
					 2050 et
					 seq. If avoidance cannot be achieved through the available alternatives,
					 mitigation shall be proposed in accordance with the provisions of the
					 California Endangered Species Act, Fish and Game Code section
					 2050 et
					 seq., and the federal Endangered Species Act of 1973,
					 16 U.S.C. section
					 1531 et seq.
(b) Wildlife habitat shall be established on
					 disturbed land in a condition at least as good as that which existed before the
					 lands were disturbed by surface mining operations, unless the proposed end use
					 precludes its use as wildlife habitat or the approved reclamation plan
					 establishes a different habitat type than that which existed prior to
					 mining.
(c) Wetland habitat shall
					 be avoided. Any wetland habitat impacted as a consequence of surface mining
					 operations shall be mitigated at a minimum of one to one ratio for wetland
					 habitat acreage and wetland habitat value.
1. New
						section filed 12-16-92; operative 1-15-93 (Register 92, No.
						51).
Note: Authority cited: Sections
						  2755,
						  2756
						  and
						  2773,
						  Public Resources Code. Reference: Section
						  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 9 - Reclamation Standards › Section 3704 - Performance Standards for Backfilling, Regrading, Slope Stability, and Recontouring

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Backfilling, regrading, slope stabilization, and
						recontouring shall conform with the following standards:
(a) Where backfilling is proposed for urban
					 uses (e.g., roads, building sites, or other improvements sensitive to
					 settlement), the fill material shall be compacted in accordance with the
					 Uniform Building Code, published by the International Conference of Building
					 Officials and as adopted by the lead agency, the local grading ordinance, or
					 other methods approved by the lead agency as appropriate for the approved end
					 use.
(b) Where backfilling is
					 required for resource conservation purposes (e.g., agriculture, fish and
					 wildlife habitat, and wildland conservation), fill material shall be backfilled
					 to the standards required for the resource conservation use involved.
(c) Piles or dumps of mining waste shall be
					 stockpiled in such a manner as to facilitate phased reclamation. They shall be
					 segregated from topsoil and topsoil substitutes or growth media salvaged for
					 use in reclamation.
(d) Final
					 reclaimed fill slopes, including permanent piles or dumps of mine waste rock
					 and overburden, shall not exceed 2:1 (horizontal:vertical), except when
					 site-specific geologic and engineering analysis demonstrate that the proposed
					 final slope will have a minimum slope stability factor of safety that is
					 suitable for the proposed end use, and when the proposed final slope can be
					 successfully revegetated.
(e) At
					 closure, all fill slopes, including permanent piles or dumps of mine waste and
					 overburden, shall conform with the surrounding topography and/or approved end
					 use.
(f) Cut slopes, including
					 final highwalls and quarry faces, shall have a minimum slope stability factor
					 of safety that is suitable for the proposed end use and conform with the
					 surrounding topography and/or approved end use.
(g) Permanent placement of piles or dumps of
					 mining waste and overburden shall not occur within wetlands unless mitigation
					 acceptable to the regulatory agencies with jurisdiction over wetlands, which
					 may include the lead agency, has been proposed to offset wetland impacts and/or
					 losses.
1. New
						section filed 12-16-92; operative 1-15-93 (Register 92, No. 51).
2.
						Amendment of subsections (a) and (g) filed 10-31-2000; operative 11-30-2000
						(Register 2000, No. 44).
Note: Authority cited: Sections
						  2755,
						  2756
						  and
						  2773,
						  Public Resources Code. Reference: Section
						  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 9 - Reclamation Standards › Section 3706 - Performance Standards for Drainage, Diversion Structures, Waterways, and Erosion Control

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Surface mining and reclamation activities shall be conducted to protect on-site
					 and downstream beneficial uses of water in accordance with the Porter-Cologne
					 Water Quality Control Act, Water Code section
					 13000, et seq.,
					 and the Federal Clean Water Act,
					 33 U.S.C. section
					 1251, et seq.
(b) The quality of water, recharge potential,
					 and storage capacity of ground water aquifers which are the source of water for
					 domestic, agricultural, or other uses dependent on the water, shall not be
					 diminished, except as allowed in the approved reclamation plan.
(c) Erosion and sedimentation shall be
					 controlled during all phases of construction, operation, reclamation, and
					 closure of a surface mining operation to minimize siltation of lakes and
					 watercourses, as required by the Regional Water Quality Control Board or the
					 State Water Resources Control Board.
(d) Surface runoff and drainage from surface
					 mining activities shall be controlled by berms, silt fences, sediment ponds,
					 revegetation, hay bales, or other erosion control measures, to ensure that
					 surrounding land and water resources are protected from erosion, gullying,
					 sedimentation and contamination. Erosion control methods shall be designed to
					 handle runoff from not less than the 20 year/1 hour intensity storm
					 event.
(e) Where natural drainages
					 are covered, restricted, rerouted, or otherwise impacted by surface mining
					 activities, mitigating alternatives shall be proposed and specifically approved
					 in the reclamation plan to assure that runoff shall not cause increased erosion
					 or sedimentation.
(f) When stream
					 diversions are required, they shall be constructed in accordance with:
(1) the stream and lake alteration agreement
					 between the operator and the Department of Fish and Game; and
(2) the requirements of the Federal Clean
					 Water Act, Sections
					 301 (33 U.S.C. 1311) and
					 Section 404 (33 U.S.C. 1344)
					 and/or Section
					 10 of the Rivers and Harbors Act
					 of 1899 (33 U.S.C.
					 403).
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 9 - Reclamation Standards › Section 3707 - Performance Standards for Prime Agricultural Land Reclamation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the standards for topsoil salvage,
						maintenance, and redistribution, the following standards shall apply to mining
						operations on prime agricultural lands where the approved end use is
						agriculture:
(a) Mining operations
					 which will operate on prime agricultural lands, as defined by the U.S. Soil
					 Conservation Service, shall return all disturbed areas to a fertility level as
					 specified in the approved reclamation plan.
(b) When distinct soil horizons are present,
					 topsoil shall be salvaged and segregated by defined A, B, and C soil horizons.
					 Upon reconstruction of the soil, the sequence of horizons shall have the A atop
					 the B, the B atop the C, and the C atop graded overburden.
(c) Reclamation shall be deemed complete when
					 productive capability of the affected land is equivalent to or exceeds, for two
					 consecutive crop years, that of the premining condition or similar crop
					 production in the area. Productivity rates, based on reference areas described
					 in the approved reclamation plan, shall be specified in the approved
					 reclamation plan.
(d) Use of
					 fertilizers or other soil amendments shall not cause contamination of surface
					 or ground water.
1. New
						section filed 12-16-92; operative 1-15-93 (Register 92, No.
						51).
Note: Authority cited: Sections
						  2755,
						  2756
						  and
						  2773,
						  Public Resources Code. Reference: Section
						  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 9 - Reclamation Standards › Section 3708 - Performance Standards for Other Agricultural Land

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following standards shall apply to agricultural
						lands, other than prime agricultural lands, when the approved end use is
						agriculture.
In addition to the standards for topsoil salvage,
						maintenance, and redistribution, non-prime agricultural lands shall be
						reclaimed so as to be capable of sustaining economically viable production of
						crops commonly grown in the surrounding areas.
1. New
						section filed 12-16-92; operative 1-15-93 (Register 92, No.
						51).
Note: Authority cited: Sections
						  2755,
						  2756
						  and
						  2773,
						  Public Resources Code. Reference: Section
						  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 9 - Reclamation Standards › Section 3709 - Performance Standards for Building, Structure, and Equipment Removal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All equipment,
					 supplies and other materials shall be stored in designated areas (as shown in
					 the approved reclamation plan). All waste shall be disposed of in accordance
					 with state and local health and safety ordinances.
(b) All buildings, structures, and equipment
					 shall be dismantled and removed prior to final mine closure except those
					 buildings, structures, and equipment approved in the reclamation plan as
					 necessary for the end use.
1. New
						section filed 12-16-92; operative 1-15-93 (Register 92, No.
						51).
Note: Authority cited: Sections
						  2755,
						  2756
						  and
						  2773,
						  Public Resources Code. Reference: Section
						  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 9 - Reclamation Standards › Section 3710 - Performance Standards for Stream Protection, Including Surface and Groundwater

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Surface
					 and groundwater shall be protected from siltation and pollutants which may
					 diminish water quality as required by the Federal Clean Water Act, sections
					 301
					 et seq. (33 U.S.C. section
					 1311), 404 et seq. (33 U.S.C. section
					 1344), the Porter-Cologne Act, section 13000
					 et seq., County anti-siltation ordinances, the Regional Water Quality Control
					 Board or the State Water Resources Control Board.
(b) In-stream surface mining operations shall
					 be conducted in compliance with Section
					 16000 et seq. of the California
					 Fish and Game Code, section 404 of the Clean Water Act, and Section 10 of the
					 Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(c) Extraction of sand and gravel from river
					 channels shall be regulated to control channel degradation in order to prevent
					 undermining of bridge supports, exposure of pipelines or other structures
					 buried within the channel, loss of spawning habitat, lowering of ground water
					 levels, destruction of riparian vegetation, and increased stream bank erosion
					 (exceptions may be specified in the approved reclamation plan). Changes in
					 channel elevations and bank erosion shall be evaluated annually using records
					 of annual extraction quantities and benchmarked annual cross sections and/or
					 sequential aerial photographs to determine appropriate extraction locations and
					 rates.
(d) In accordance with
					 requirements of the California Fish and Game Code section
					 1600 et
					 seq., in-stream mining activities shall not cause fish to become entrapped in
					 pools or in off-channel pits, nor shall they restrict spawning or migratory
					 activities.
Note: Authority cited: Sections
						  2755,
						  2756
						  and
						  2773,
						  Public Resources Code. Reference: Section
						  2773,
						  Public Resources Code.
Note: Authority cited: Sections
						  2755,
						  2756
						  and
						  2773,
						  Public Resources Code. Reference: Section
						  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 9 - Reclamation Standards › Section 3711 - Performance Standards for Topsoil Salvage, Maintenance, and Redistribution

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When the approved reclamation plan calls for revegetation
						or cultivation of disturbed lands, the following performance standards shall
						apply to topsoil salvage, maintenance, and redistribution activities:
(a) All salvageable topsoil suitable for
					 revegetation shall be removed as a separate layer from areas to be disturbed by
					 mining operations. Topsoil and vegetation removal shall not precede surface
					 mining activities by more than one year, unless a longer time period is
					 approved by the lead agency.
(b)
					 Topsoil resources shall be mapped prior to stripping and the location of
					 topsoil stockpiles shall be shown on a map in the reclamation plan. If the
					 amount of topsoil needed to cover all surfaces to be revegetated is not
					 available on site, other suitable material capable of sustaining vegetation
					 (such as subsoil) shall be removed as a separate layer for use as a suitable
					 growth media. Topsoil and suitable growth media shall be maintained in separate
					 stockpiles. Test plots may be required to determine the suitability of growth
					 media for revegatation purposes.
(c) Soil salvage operations and phases of
					 reclamation shall be carried out in accordance with a schedule that:
(1) is set forth in the approved reclamation
					 plan;
(2) minimizes the area
					 disturbed; and
(3) is designed to
					 achieve maximum revegetation success allowable under the mining
					 plan.
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 9 - Reclamation Standards › Section 3712 - Performance Standards for Tailing and Mine Waste Management

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
State Water Resources Control Board mine waste disposal
						regulations in Article 1, Subchapter 1, Chapter 7 of Title 27, California Code
						of Regulations, shall govern mine waste and tailings, and mine waste disposal
						units shall be reclaimed in conformance with this article.
1. New
						section filed 12-16-92; operative 1-15-93 (Register 92, No. 51).
2.
						Change without regulatory effect amending section filed 5-1-2000 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2000, No. 18).
Note: Authority cited: Sections
						  2755,
						  2756
						  and
						  2773,
						  Public Resources Code. Reference: Section
						  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 9 - Reclamation Standards › Section 3713 - Performance Standards for Closure of Surface Openings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except those used solely for blasting or
					 those that will be mined through within one year, all drill holes, water wells,
					 and monitoring wells shall be completed or abandoned in accordance with each of
					 the following:
(1) Water Code sections
					 13700, et seq.
					 and 13800, et seq.;
(2) the
					 applicable local ordinance adopted pursuant to Water Code section
					 13803;
(3) the applicable Department of Water
					 Resources report issued pursuant to Water Code section
					 13800;
					 and
(4) Subdivisions (1) and (2) of
					 section 2511(g) of
					 Chapter 15 of Title 23 regarding discharge of waste to
					 land.
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 10 - Seismic Hazards Mapping › Section 3720 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These regulations shall govern the exercise of city,
						county and state agency responsibilities to identify and map seismic hazard
						zones and to mitigate seismic hazards to protect public health and safety in
						accordance with the provisions of the Public Resources Code, section
						2690
et seq
. (Seismic Hazards Mapping Act or
						"SHMA").
1. New
						section filed 1-27-92; operative 2-26-92 (Register 92, No. 12).
2.
						Change without regulatory effect amending section filed 5-6-2021 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2021, No. 19).
Note: Authority cited: Section
						  2695,
						  Public Resources Code. Reference: Section
						  2695(a)(1)
						  and
						  2695(a)(3)-(5),
						  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 10 - Seismic Hazards Mapping › Section 3721 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) " Acceptable
					 Level" means that level that provides reasonable protection of the public
					 safety, though it does not necessarily ensure continued structural integrity
					 and functionality of the project.
(b) "Lead Agency" means the city, county or
					 state agency with the authority to approve projects.
(c) "Registered civil engineer" or "certified
					 engineering geologist" means a civil engineer or engineering geologist who is
					 registered or certified in the State of California.
1. New
						section filed 1-27-92; operative 2-26-92 (Register 92, No. 12).
2.
						Change without regulatory effect amending NOTE filed 5-6-2021 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2021, No. 19).
Note: Authority cited: Section
						  2695,
						  Public Resources Code. Reference: Sections
						  2690-
						  2699.6,
						  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 10 - Seismic Hazards Mapping › Section 3722 - Requirements for Mapping Seismic Hazard Zones

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department of Conservation,
					 California Geological Survey (CGS), shall prepare one or more State-wide
					 probabilistic ground shaking maps for a suitably defined reference soil column.
					 One of the maps shall show ground shaking levels which have a 10% probability
					 of being exceeded in 50 years. These maps shall be used with the following
					 criteria to define seismic hazard zones:
(1)
					 Amplified shaking hazard zones shall be delineated as areas where historic
					 occurrence of amplified ground shaking, or local geological and geotechnical
					 conditions indicate a potential for ground shaking to be amplified to a level
					 such that mitigation as defined in Public Resources Code Section
					 2693(c)
					 would be required.
(2) Liquefaction
					 hazard zones shall be delineated as areas where historic occurrence of
					 liquefaction, or local geological, geotechnical and ground water conditions
					 indicate a potential for permanent ground displacements such that mitigation as
					 defined in Public Resources Code Section
					 2693(c)
					 would be required.
(3)
					 Earthquake-induced landslide hazard zones shall be delineated as areas where
					 Holocene occurrence of landslide movement, or local slope of terrain, and
					 geological, geotechnical and ground moisture conditions indicate a potential
					 for permanent ground displacements such that mitigation as defined in Public
					 Resources Code Section
					 2693(c)
					 would be required.
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 10 - Seismic Hazards Mapping › Section 3723 - Review of Preliminary Seismic Hazard Zones Maps

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Mining and Geology Board shall
					 provide an opportunity for receipt of public comments and recommendations
					 during the 90-day period for review of preliminary seismic hazard zone maps
					 provided by the Public Resources Code Section
					 2696.
					 At least one public hearing shall be scheduled for that purpose.
(b) Following the end of the review period,
					 the Board shall forward its comments and recommendations, with supporting data
					 received, to the State Geologist for consideration prior to revision and
					 official issuance of the maps.
1. New
						section filed 1-27-92; operative 2-26-92 (Register 92, No.
						12).
Note: Authority cited: Section
						  2696,
						  Public Resources Code. Reference: Section
						  2696,
						  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 10 - Seismic Hazards Mapping › Section 3724 - Specific Criteria for Project Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following specific criteria for project approval
						shall apply within seismic hazard zones and shall be used by affected lead
						agencies in complying with the provisions of the SHMA:
(a) A project shall be approved only when the
					 nature and severity of the seismic hazards at the site have been evaluated in a
					 geotechnical report and appropriate mitigation measures have been
					 proposed.
(b) The geotechnical
					 report shall be prepared by a registered civil engineer or certified
					 engineering geologist, having competence in the field of seismic hazard
					 evaluation and mitigation. The geotechnical report shall contain site-specific
					 evaluations of the seismic hazard(s) affecting the project and shall identify
					 portions of the project site containing seismic hazards. The report shall also
					 identify off-site seismic hazards that could adversely affect the site in the
					 event of an earthquake. The contents of the geotechnical report shall include,
					 but shall not be limited, the following:
(1)
					 Project description.
(2) A
					 description of the geologic and geotechnical conditions at the site, including
					 an appropriate site location map.
(3) Evaluation of site-specific seismic
					 hazards based on geological and geotechnical conditions, in accordance with
					 current standards of practice.
(4)
					 Recommendations for appropriate mitigation measures as required in section
					 3724 (a),
					 above.
(5) Name of report
					 preparer(s), and signature(s) of a certified engineering geologist and/or
					 registered civil engineer, having competence in the field of seismic hazard
					 evaluation and mitigation.
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 10 - Seismic Hazards Mapping › Section 3725 - Waivers of Geotechnical Report Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For a specific project, the lead agency may determine
						that the geological and geotechnical conditions at the site are such that
						public safety is adequately protected and no mitigation is required. This
						finding shall be based on a report presenting evaluations of sites in the
						immediate vicinity having similar geologic and geotechnical characteristics.
						The report shall be prepared by a certified engineering geologist or registered
						civil engineer, having competence in the field of seismic hazard evaluation and
						mitigation. The lead agency shall review submitted reports in the same manner
						as in section
						3724(c) of this
						article. The lead agency shall also provide a written commentary that addresses
						the report conclusions and the justification for applying the conclusions
						contained in the report to the project site. When the lead agency makes such a
						finding, it may waive the requirement of a geotechnical report for the project.
						All such waivers shall be recorded with the county recorder and a separate
						copy, together with the report and the commentary, filed with the State
						Geologist within 30 days of the waiver.
1. New
						section filed 1-27-92; operative 2-26-92 (Register 92, No. 12).
2.
						Change without regulatory effect amending NOTE filed 5-6-2021 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2021, No. 19).
Note: Authority cited: Section
						  2695,
						  Public Resources Code. Reference: Section
						  2697(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 10.5 - Selection of Professional Service Firms › Section 3726 - Selection of Professional Service Firms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The purpose of these regulations is to
					 establish those procedures authorized and required by Chapter 10 (commencing
					 with Section
					 4525) of Division 5 of Title 1 of
					 the Government Code. These regulations are specific to the Seismic Hazards
					 Mapping Act (PRC Section
					 2690
					 et. seq.).
(b) Selection by the
					 department for professional services of private architectural, landscape
					 architectural, engineering, environmental, land surveying, or construction
					 project management firms shall be on the basis of demonstrated competence and
					 on the professional qualifications necessary for the satisfactory performance
					 of the services required.
1. New
						article 10.5 (sections
						3726-3736) and section filed
						10-25-2000; operative 11-24-2000 (Register 2000, No.
						43).
Note: Authority cited: Section
						  2695,
						  Public Resources Code; and Section
						  4526,
						  Government Code. Reference: Sections
						  4525-
						  4529.5,
						  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 10.5 - Selection of Professional Service Firms › Section 3727 - Definitions, as Used in these Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Small business" shall mean a small
					 business firm as defined by the Director of General Services (section
					 1896 of Title 2 of the California
					 Code of Regulations) pursuant to section
					 14837 of
					 the Government Code.
(b)
					 "Architectural, landscape architectural, engineering, environmental, land
					 surveying, and construction project management services" are those services to
					 be procured outside State of California Civil Service procedures and of a
					 character necessarily rendered by an architect, landscape architect, engineer,
					 environmental specialist, land surveyor, or construction project management
					 contractor but may include ancillary services logically or justifiably
					 performed in connection therewith.
(c) "Project" means a project as defined in
					 Section
					 10105
					 of the Public Contract Code, or as defined in the Public Resources Code Section
					 21065.
1. New
						section filed 10-25-2000; operative 11-24-2000 (Register 2000, No.
						43).
Note: Authority cited: Section
						  4526,
						  Government Code. Reference: Sections
						  4525 and
						  14837,
						  Government Code; Section
						  10105,
						  Public Contract Code; and Section
						  21065,
						  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 10.5 - Selection of Professional Service Firms › Section 3728 - Establishment of Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The department shall establish criteria, on a case by case instance, which will
					 comprise the basis for selection for each project. The criteria shall include
					 such factors as professional excellence, demonstrated competence, specialized
					 experience of the firm, education and experience of key personnel to be
					 assigned, staff capability, workload, ability to meet schedules, nature and
					 quality of completed work, reliability and continuity of the firm, location,
					 and other considerations deemed relevant. Such factors shall be weighted by the
					 department according to the nature of the project, the needs of the State and
					 complexity and special requirements of the specific project.
(b) In no event shall the criteria include
					 practices which might result in unlawful activity including, but not limited
					 to, rebates, kickbacks, or other unlawful consideration. Department employees
					 with a relationship to a person or business entity seeking a contract under
					 this section are prohibited from participating in the selection process if the
					 employees would be subject to the prohibition of Section
					 87100 of
					 the Government Code.
1. New
						section filed 10-25-2000; operative 11-24-2000 (Register 2000, No.
						43).
Note: Authority cited: Section
						  4526,
						  Government Code. Reference: Sections
						  4526 and
						  87100,
						  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 10.5 - Selection of Professional Service Firms › Section 3729 - Estimate of Value of Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Before any discussion with any firm concerning fees, the
						department may cause an estimate of the value of such services to be prepared.
						This estimate shall serve as a guide in determining fair and reasonable
						compensation for the services rendered. Such estimate shall be, and remain,
						confidential until award of contract or abandonment of any further procedure
						for the services to which it relates. At any time the department determines the
						estimates to be unrealistic because of rising costs, special conditions, or for
						other relevant considerations, the estimate may be reevaluated and modified if
						necessary.
1. New
						section filed 10-25-2000; operative 11-24-2000 (Register 2000, No.
						43).
Note: Authority cited: Section
						  4526,
						  Government Code. Reference: Section
						  4528,
						  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 10.5 - Selection of Professional Service Firms › Section 3730 - Request for Proposals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Where a project requires architectural,
					 landscape architectural, engineering, environmental, land surveying, or
					 construction project management services, the department shall make an
					 announcement through a publication of the respective professional society, if
					 any exist, in a construction trade journal or, if none exist, in other
					 appropriate publications that are published within a reasonable time frame such
					 that a lengthy publication delay does not adversely affect the
					 project.
(b) The announcement shall
					 contain the following information: The nature of the work, the criteria upon
					 which the award shall be made, and the time within which statements of
					 interest, qualification and performance data will be received.
(c) The department shall endeavor to provide
					 to all small business firms who have indicated an interest in receiving such, a
					 copy of each announcement for projects for which the department concludes that
					 small business firms could be especially qualified. A failure of the department
					 to send a copy of an announcement to any firm shall not operate to preclude any
					 contract.
1. New
						section filed 10-25-2000; operative 11-24-2000 (Register 2000, No.
						43).
Note: Authority cited: Section
						  4526,
						  Government Code. Reference: Section
						  4527,
						  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 10.5 - Selection of Professional Service Firms › Section 3731 - Selection of Firm

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
After expiration of the period stated in the publications
						or other public announcements, the department shall evaluate statements of
						qualifications and performance data which have been submitted to the
						department. Discussions shall be conducted with no less than three firms
						regarding the required service. Where three firms cannot be found which could
						provide the required service, a full explanation including names and addresses
						of firms and individuals requested to submit proposals must be entered in the
						files. From the firms with which discussions are held, the department shall
						select no less than three, provided at least three firms submit proposals, in
						order of preference, based upon the established criteria, which are deemed to
						be the most highly qualified to provide the services
						required.
1. New
						section filed 10-25-2000; operative 11-24-2000 (Register 2000, No.
						43).
Note: Authority cited: Section
						  4526,
						  Government Code. Reference: Sections
						  4526-
						  4527,
						  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 10.5 - Selection of Professional Service Firms › Section 3732 - Negotiation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The department shall attempt to negotiate a contract with
						the most highly qualified firm. When the department is unable to negotiate a
						satisfactory contract with this firm with fair and reasonable compensation
						provisions, as determined by the procedure set forth in Section
						3729 if those procedures were
						used, negotiations shall be terminated. The department shall then undertake
						negotiations with the second most qualified firm on the same basis. Failing
						accord, negotiations shall be terminated. The department shall then undertake
						negotiations with the third most qualified firm on the same basis. Failing
						accord, negotiations shall be terminated. Should the department be unable to
						negotiate a satisfactory contract at fair and reasonable compensation with any
						of the selected firms, additional firms may be selected in the manner
						prescribed in this article and the negotiation procedure
						continued.
1. New
						section filed 10-25-2000; operative 11-24-2000 (Register 2000, No.
						43).
Note: Authority cited: Section
						  4526,
						  Government Code. Reference: Section
						  4528,
						  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 10.5 - Selection of Professional Service Firms › Section 3733 - Amendments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In instances where the department effects a necessary
						change in the project during the course of performance of the contract, the
						firm's compensation may be adjusted by negotiation of a mutual written
						agreement in a fair and reasonable amount where the amount of work to be
						performed by the firm is changed from that which existed previously in the
						contemplation of the parties.
1. New
						section filed 10-25-2000; operative 11-24-2000 (Register 2000, No.
						43).
Note: Authority cited: Section
						  4526,
						  Government Code. Reference: Section
						  4526,
						  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 10.5 - Selection of Professional Service Firms › Section 3734 - Contracting in Phases

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Should the department determine that it is necessary or
						desirable to have a given project performed in phases, it will not be necessary
						to negotiate the total contract price or compensation provisions in the initial
						instance, provided that the department shall have determined that the firm is
						best qualified to perform the whole project at a fair and reasonable cost, and
						the contract contains provisions that the department, at its option, may
						utilize the firm for other phases and that the firm will accept a fair and
						reasonable price for subsequent phases to be later negotiated and reflected in
						a subsequent written instrument. The procedure with regard to estimates and
						negotiation shall otherwise be applicable.
1. New
						section filed 10-25-2000; operative 11-24-2000 (Register 2000, No.
						43).
Note: Authority cited: Section
						  4526,
						  Government Code. Reference: Section
						  4526,
						  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 10.5 - Selection of Professional Service Firms › Section 3735 - Department's Power to Require Bids

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Where the department determines that the services needed
						are technical in nature and involve little professional judgment and that
						requiring bids would be in the public interest, a contract shall be awarded on
						the basis of bids rather than by following the foregoing procedures for
						requesting proposals and negotiation.
1. New
						section filed 10-25-2000; operative 11-24-2000 (Register 2000, No.
						43).
Note: Authority cited: Section
						  4526,
						  Government Code. Reference: Section
						  4529,
						  Government Code.