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 2 - Areas Designated to be of Regional Significance › Section 3550.7 - Construction Aggregate Resources, Claremont-Upland Region

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A set of maps identifying the exact locations of the
						designated resources areas entitled "Regionally Significant Construction
						Aggregate Resources Areas in Claremont-Upland Production-Consumption Region" is
						incorporated by reference into this regulation. These maps are available from
						the State Mining and Geology Board's office in
						Sacramento.*
The construction aggregate deposits in the following
						areas are designated as being of regional significance:
Sector A-The annual recharge area upstream from the San
						Antonio Creek Flood Control Dam.
Sector B-Eight parcels south of San Antonio Creek Flood
						Control Dam in the unurbanized areas of the San Antonio Creek Fan, northeast of
						the City of Claremont. Sector B is roughly bounded by Foothill Boulevard on the
						south, San Antonio Avenue on the east, and Thompson Creek on the west.
Sector C-Four parcels in the proximal part of the
						Cucamonga Creek Fan, north of the City of Upland. The area is generally north
						of 19th Street, west of Carmelian Avenue, east of Euclid Avenue, and south of
						the San Bernadino National Forest.
Sector D-Three parcels covering parts of the Day Creek
						and Deer Creek Fans between the Cities of Cucamonga and Fontana. It is bounded
						by the San Gabriel Mountains on the north and Highland Avenue on the
						south.
__________
* Copies of the maps incorporated
						by this section accompanied the text which was filed with Secretary of State on
						12-3-86.
Note: Authority cited: Section
						  2790,
						  Public Resources Code. Reference: Sections
						  2726,
						  2761-
						  2763
						  and
						  2790-
						  2792,
						  Public Resources Code.
Note: Authority cited: Section
						  2790,
						  Public Resources Code. Reference: Sections
						  2726,
						  2761-
						  2763
						  and
						  2790-
						  2792,
						  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 3550.9 - Construction Aggregate Resources, Saugus-Newhall and Palmdale Regions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A set of maps identifying the exact locations of the
						designated resources areas entitled "Regionally Significant Construction
						Aggregate Resources Areas in Saugus-Newhall and Palmdale Production-Consumption
						Region" is incorporated by reference into this regulation. These maps are
						available from the State Mining and Geology Board's office in
						Sacramento.*
The construction aggregate deposits in the following
						areas are designated as being of regional significance:
Sector A-Portions of the Santa Clara River and its
						immediate flood plain extending from the Los Angeles County Line to Bee Canyon,
						parts of Castaic Creek, and Oak Spring Canyon.
Sector B-An area bounded by Bee Canyon on the northwest,
						the Santa Clara River to the south, and extending approximately one mile east
						of the Agua Dulce Canyon; and a triangle-shaped area with a boundary extending
						from the mouth of Pole Canyon west along an old railroad grade, south to Oak
						Spring Canyon then northeast back to the mouth of Pole Canyon.
Sector C-A triangular area beginning at the mouth of Pole
						Canyon, running southeast along the canyon to Oak Spring Canyon then southwest
						to Coyote Canyon, turning northeast to close the triangle back at the mouth of
						Pole Canyon.
Sector D-An area north of the California Aqueduct whose
						eastern boundary is along Little Rock Wash then turns west approximately one
						mile north of Boundary Avenue. The western boundary runs south near 47th Street
						and Fort-Tejon Road.
Sector E-An area of the Big Rock Wash bounded by the
						aqueduct on the south, North 165th Street on the east, Palmdale Boulevard on
						the north, and 116th Street on the west.
__________
* Copies of the maps incorporated by this section
						accompanied the text which was filed with Secretary of State on 12-3-86.
Note: Authority cited: Section
						  2790,
						  Public Resources Code. Reference: Sections
						  2726,
						  2761-
						  2763
						  and
						  2790-
						  2792,
						  Public Resources Code.
Note: Authority cited: Section
						  2790,
						  Public Resources Code. Reference: Sections
						  2726,
						  2761-
						  2763
						  and
						  2790-
						  2792,
						  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 3550.13 - Construction Aggregate Resources, Fresno Production-Consumption Region

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A set of maps identifying the exact locations of the
						designated resource areas entitled "Regionally Significant Construction
						Aggregate Resource Areas in the Fresno Production-Consumption Region," February
						2000, is incorporated by reference into this regulation. These maps are
						available from the State Mining and Geology Board's office in
						Sacramento.
The construction aggregate deposits in the following
						areas are designated as being of regional significance:
Sector K--Alluvial deposits of the Kings River between
						Avocado Lake on the northeast and the Southern Pacific Railroad tracks on the
						southwest.
Sector S--Portions of the San Joaquin River floodplain
						between Friant Dam and Highway 99.
1. New
						section filed 9-16-88; operative 10-16-88 (Register 88, No. 39).
2.
						Amendment of first paragraph filed 9-5-2000; operative 10-5-2000 (Register
						2000, No. 36).
Note: Authority cited: Section
						  2790,
						  Public Resources Code. Reference: Sections
						  2726,
						  2761-
						  2763
						  and
						  2790-
						  2792,
						  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 3 - Policies and Criteria of the State Mining and Geology Board with Reference to the Alquist-Priolo Earthquake Fault Zoning Act › Section 3600 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It is the purpose of this subchapter to set forth the
						policies and criteria of the State Mining and Geology Board, hereinafter
						referred to as the "Board," governing the exercise of city, county, and state
						agency responsibilities to prohibit the location of developments and structures
						for human occupancy across the trace of active faults in accordance with the
						provisions of Public Resources Code Section
						2621
						et seq. (Alquist-Priolo Earthquake Fault Zoning Act). The policies and criteria
						set forth herein shall be limited to potential hazards resulting from surface
						faulting or fault creep within earthquake fault zones delineated on maps
						officially issued by the State Geologist.
1. New
						Article 3 (Sections
						3600-3602) filed 4-3-79; effective
						thirtieth day thereafter (Register 79, No. 14).
2. Amendment of NOTE
						filed 8-11-82; effective thirtieth day thereafter (Register 82, No.
						33).
3. Amendment filed 10-18-84; effective thirtieth day thereafter
						(Register 84, No. 42).
4. Change without regulatory effect amending
						article heading and section filed 1-5-96 pursuant to section
						100, title 1, California Code of
						Regulations (Register 96, No. 1).
Note: Authority cited: Section
						  2621.5,
						  Public Resources Code. Reference: Sections
						  2621-
						  2630,
						  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 3 - Policies and Criteria of the State Mining and Geology Board with Reference to the Alquist-Priolo Earthquake Fault Zoning Act › Section 3601 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following definitions as used within the Act and
						herein shall apply:
(a) An "active
					 fault" is a fault that has had surface displacement within Holocene time (about
					 the last 11,000 years), hence constituting a potential hazard to structures
					 that might be located across it.
(b) A "fault trace" is that line formed by
					 the intersection of a fault and the earth's surface, and is the representation
					 of a fault as depicted on a map, including maps of earthquake fault
					 zones.
(c) A "lead agency" is the
					 city or county with the authority to approve projects.
(d) "Earthquake fault zones" are areas
					 delineated by the State Geologist, pursuant to the Alquist-Priolo Earthquake
					 Fault Zoning Act (Public Resources Code Section
					 2621
					 et seq.) and this subchapter, which encompass the traces of active
					 faults.
(e) A "structure for human
					 occupancy" is any structure used or intended for supporting or sheltering any
					 use or occupancy, which is expected to have a human occupancy rate of more than
					 2,000 person-hours per year.
(f)
					 "Story" is that portion of a building included between the upper surface of any
					 floor and the upper surface of the floor next above, except that the topmost
					 story shall be that portion of a building included between the upper surface of
					 the topmost floor and the ceiling or roof above. For the purpose of the Act and
					 this subchapter, the number of stories in a building is equal to the number of
					 distinct floor levels, provided that any levels that differ from each other by
					 less than two feet shall be considered as one distinct level.
1.
						Editorial correction of subsection designations (Register 79, No.
						14).
2. Amendment of NOTE filed 8-11-82; effective thirtieth day
						thereafter (Register 82, No. 33).
3. Amendment filed 10-18-84;
						effective thirtieth day thereafter (Register 84, No. 42).
4. Change
						without regulatory effect amending subsections (b) and (d) filed 1-5-96
						pursuant to section
						100, title 1, California Code of
						Regulations (Register 96, No. 1).
Note: Authority cited: Section
						  2621.5,
						  Public Resources Code. Reference: Sections
						  2621-
						  2630,
						  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 3 - Policies and Criteria of the State Mining and Geology Board with Reference to the Alquist-Priolo Earthquake Fault Zoning Act › Section 3602 - Review of Preliminary Maps

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 45 days from the issuance of
					 proposed new or revised preliminary earthquake fault zone map(s), cities and
					 counties shall give notice of the Board's announcement of a ninety (90) day
					 public comment period to property owners within the area of the proposed zone.
					 The notice shall be by publication, or other means reasonably calculated to
					 reach as many of the affected property owners as feasible. Cities and counties
					 may also give notice to consultants who may conduct geologic studies in fault
					 zones. The notice shall state that its purpose is to provide an opportunity for
					 public comment including providing to the Board geologic information that may
					 have a bearing on the proposed map(s).
(b) The Board shall also give notice by mail
					 to those California Registered Geologists and California Registered
					 Geophysicists on a list provided by the State Board of Registration for
					 Geologists and Geophysicists. The notice shall indicate the affected
					 jurisdictions and state that its purpose is to provide an opportunity to
					 present written technical comments that may have a bearing on the proposed zone
					 map(s) to the Board during a 90-day public comment period.
(c) The Board shall receive public comments
					 during the 90-day public comment period. The Board shall conduct at least one
					 public hearing on the proposed zone map(s) during the 90-day public comment
					 period.
(d) Following the end of
					 the 90-day public comment period, the Board shall forward its comments and
					 recommendations, with supporting data received, to the State Geologist for
					 consideration prior to the release of official earthquake fault zone
					 map(s).
1.
						Amendment of NOTE filed 8-11-82; effective thirtieth day thereafter (Register
						82, No. 33).
2. Amendment filed 10-18-84; effective thirtieth day
						thereafter (Register 84, No. 42).
3. New subsections (a) and (b),
						subsection relettering, and amendment of newly designated subsections (c) and
						(d) filed 4-1-97; operative 5-1-97 (Register 97, No.
						14).
Note: Authority cited: Section
						  2621.5,
						  Public Resources Code. Reference: Section
						  2622,
						  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 3 - Policies and Criteria of the State Mining and Geology Board with Reference to the Alquist-Priolo Earthquake Fault Zoning Act › Section 3604 - 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 Alquist-Priolo
					 Earthquake Fault Zoning Act (Public Resources Code Sections
					 2621
					 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
						section filed 10-24-2000; operative 11-23-2000 (Register 2000, No.
						43).
Note: Authority cited: Section
						  2621.5,
						  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 3 - Policies and Criteria of the State Mining and Geology Board with Reference to the Alquist-Priolo Earthquake Fault Zoning Act › Section 3605 - 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 10-24-2000; operative 11-23-2000 (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 3 - Policies and Criteria of the State Mining and Geology Board with Reference to the Alquist-Priolo Earthquake Fault Zoning Act › Section 3606 - 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
					 employee would be subject to the prohibition of Section
					 87100 of
					 the Government Code.
1. New
						section filed 10-24-2000; operative 11-23-2000 (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 3 - Policies and Criteria of the State Mining and Geology Board with Reference to the Alquist-Priolo Earthquake Fault Zoning Act › Section 3607 - 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 10-24-2000; operative 11-23-2000 (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 3 - Policies and Criteria of the State Mining and Geology Board with Reference to the Alquist-Priolo Earthquake Fault Zoning Act › Section 3608 - 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 10-24-2000; operative 11-23-2000 (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 3 - Policies and Criteria of the State Mining and Geology Board with Reference to the Alquist-Priolo Earthquake Fault Zoning Act › Section 3609 - 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 10-24-2000; operative 11-23-2000 (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 3 - Policies and Criteria of the State Mining and Geology Board with Reference to the Alquist-Priolo Earthquake Fault Zoning Act › Section 3610 - 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
						3923 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 10-24-2000; operative 11-23-2000 (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 3 - Policies and Criteria of the State Mining and Geology Board with Reference to the Alquist-Priolo Earthquake Fault Zoning Act › Section 3611 - 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 10-24-2000; operative 11-23-2000 (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 3 - Policies and Criteria of the State Mining and Geology Board with Reference to the Alquist-Priolo Earthquake Fault Zoning Act › Section 3612 - 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 10-24-2000; operative 11-23-2000 (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 3 - Policies and Criteria of the State Mining and Geology Board with Reference to the Alquist-Priolo Earthquake Fault Zoning Act › Section 3613 - 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 10-24-2000; operative 11-23-2000 (Register 2000, No.
						43).
Note: Authority cited: Section
						  4526,
						  Government Code. Reference: Section
						  4529,
						  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 3 - Policies and Criteria of the State Mining and Geology Board with Reference to the Alquist-Priolo Earthquake Fault Zoning Act › Section 3614 - Exclusions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The provisions of this article shall not apply to service
						agreements for an architect, landscape architect, engineer, environmental
						specialist, land surveyor, or construction project management contractor,
						engaged to provide consulting services on specific problems on projects where
						the architectural, landscape architectural, engineering, environmental, land
						surveying, or construction project management work is being performed by State
						of California Civil Service employees.
1. New
						section filed 10-24-2000; operative 11-23-2000 (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 4 - Designation Appeal Procedures › Section 3625 - Purpose of Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The regulations contained in this article govern
						procedures affecting appeals to the Board on the approval or denial of a permit
						to conduct surface mining operations by a city or county, hereinafter referred
						to as the "lead agency," in an area designated as containing mineral deposits
						of statewide or regional significance pursuant to the provisions of Section
						2775,
						Public Resources Code (PRC 2775).
1. New
						section filed 7-6-88; operative 8-5-88 (Register 88, No.
						30).
Note: Authority cited: Section
						  2775,
						  Public Resources Code. Reference: Section
						  2775,
						  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 4 - Designation Appeal Procedures › Section 3626 - Filing of Intent to Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any person filing an appeal to the Board
					 pursuant to PRC 2775 shall, within 15 days of exhausting his or her rights to
					 appeal in accordance with the procedures of the lead agency, file an intent to
					 appeal by submitting the following information. Failure to submit all the
					 required, completed documents to the Board within the 15 days filing period
					 will result in an incomplete filing of intent and an automatic rejection of the
					 appeal.
(1) A map indicating the exact
					 location of the disputed area, including township and range, and corresponding
					 to the designation map prepared for the region;
(2) Written statements with supporting
					 documentation indicating the basis for the appellant's challenge to the
					 decision by the lead agency either to approve or deny a permit to mine in an
					 area designated as being of statewide or regional significance.
(3) Copy of notice to the lead agency that
					 the appellant has filed an intent to appeal to the Board.
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 4 - Designation Appeal Procedures › Section 3627 - Determination of Jurisdiction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Chairman of the Mining and Geology Board, or the
						Chairman's designee, based upon the information submitted pursuant Section
						3626 of this article, shall
						determine whether the appeal is within the jurisdiction of the Board for
						purposes of hearing the appeal, and determine whether the appellant's challenge
						raises substantial issues with respect to the action taken to approve or deny
						the permit to conduct surface mining operations by the lead agency. The
						Chairman of the Board, or the Chairman's designee, shall make such
						determination within 15 days of receipt of the information required by Section
						3626 of this article, and shall
						notify the appellant and the lead agency of the determination by certified
						mail.
If the Chairman finds, based upon the criteria stated in
						(a), (b) or (c) below, that the appeal raises no substantial issues with
						respect to the action taken by the lead agency to approve or deny the permit to
						conduct surface mining operations in a designated area, he or she shall refuse
						to grant a hearing on an appeal. In making this determination, the Chairman, or
						the Chairman's designee, shall consider the following:
(a) Whether the appeal raises any issues
					 which legally can be addressed by the Board within the limits of the Public
					 Resources Code and the rules of the Board; and
(b) Whether the appeal specifically relates
					 to the approval or denial of a permit to conduct surface mining operations in
					 an area designated by the Board as being of statewide or regional
					 significance.
(c) Whether the
					 appeal is that of a lead agency's reconsideration of an appeal previously
					 remanded by the board to that lead agency, and the appellant's challenge raises
					 no new substantial issues with respect to the action taken by the lead agency
					 to approve or deny the permit to conduct surface mining operations.
1. New
						section filed 7-6-88; operative 8-5-88 (Register 88, No. 30).
2.
						Amendment filed 9-19-2002; operative 10-19-2002 (Register 2002, No.
						38).
Note: Authority cited: Section
						  2775,
						  Public Resources Code. Reference: Section
						  2775,
						  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 4 - Designation Appeal Procedures › Section 3628 - Administrative Record

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Once the appellant has been notified that a determination has been made that an
					 appeal is within the jurisdiction of the Board for purposes of hearing the
					 appeal, the appellant shall submit to the board within 30 days of receipt of
					 notification three certified copies for the complete administrative record,
					 which shall include, but not be limited to, all of the following information.
(1) Project application and complete,
					 detailed description of the proposed project, including conditions added for
					 mitigation of environmental impacts;
(2) Location and site description maps
					 submitted to the lead agency as part of the application process;
(3) All reports, findings, communications,
					 correspondence, and statements in the file of the lead agency relating to the
					 project; and
(4) Written
					 transcripts of all public hearings related to the decision of the lead
					 agency.
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 4 - Designation Appeal Procedures › Section 3629 - Hearing Procedures-Scheduling

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board shall schedule and hold a public hearing on an
						appeal no later than 30 days from the filing of the complete administrative
						record, or at such time as may be mutually agreed upon by the Board and the
						appellant. In no case shall the hearing be scheduled beyond 180 days of the
						receipt of the complete administrative record without the concurrence of the
						Board, the appellant, and the project proponent (when not the same person as
						the appellant). The hearing may be scheduled as part of a regular business
						meeting of the Board or may be conducted by a committee of the
						Board.
1. New
						section filed 7-6-88; operative 8-5-88 (Register 88, No.
						30).
Note: Authority cited: Section
						  2775,
						  Public Resources Code. Reference: Section
						  2775,
						  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 4 - Designation Appeal Procedures › Section 3630 - Hearing Procedures-Authority for Delegation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board may delegate conduct of the hearing to a
						committee of at least two members to be appointed for that hearing by the
						Chairman of the Board. The Chairman of the Board or the Chairman's designee
						shall conduct the hearing; the recommendations of the committee shall be
						presented to a quorum of the Board at its next regular business meeting for a
						decision of the full Board consistent with the procedures set forth in Section
						3634 of these
						regulations.
1. New
						section filed 7-6-88; operative 8-5-88 (Register 88, No.
						30).
Note: Authority cited: Section
						  2775,
						  Public Resources Code. Reference: Section
						  2775,
						  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 4 - Designation Appeal Procedures › Section 3631 - Hearing Procedures - Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At least 10
					 working days prior to the hearing, the Board shall give public notice as
					 follows:
(1) Mailing the notice to the lead
					 agency, the appellant, and the project proponent (when not the same person as
					 the appellant);
(2) Mailing the
					 notice to any person who requests notice of the appeal or hearing;
(3) Mailing the notice to the Board's regular
					 mailing list; and
(4) Posting of
					 the notice in a place where notices are customarily posted in the city or
					 county jurisdiction within which the proposed surface mining operations are to
					 take place.
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 4 - Designation Appeal Procedures › Section 3632 - Hearing Procedures-Record

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The record before the Board at the public hearing shall
						be the administrative record submitted pursuant to Sections
						3626 and
						3628 of this
						article.
1. New
						section filed 7-6-88; operative 8-5-88 (Register 88, No.
						30).
Note: Authority cited: Section
						  2775,
						  Public Resources Code. Reference: Section
						  2775,
						  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 4 - Designation Appeal Procedures › Section 3633 - Hearing Procedures-Sequence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The public hearing should normally
					 proceed in the following manner:
(1)
					 Identification of the record;
(2)
					 Statements on behalf of the appellant;
(3) Statements on behalf of the lead
					 agency;
(4) Statements on behalf of
					 the project proponent (when not the same person as the appellant);
(5) Statements on behalf of the
					 public;
(6) Rebuttal on behalf of
					 the appellant; and
(7) Motion to
					 close the public hearing.
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 4 - Designation Appeal Procedures › Section 3634 - Hearing Procedures-Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Following the public hearing, the Board shall determine
						whether, upon the record before it, the lead agency decision was made based on
						substantial evidence in light of the whole record. Notification of the Board's
						determination shall be made by certified mail to the appellant, the lead
						agency, and the project proponent (when not the same person as the appellant)
						within 15 days following the regular business meeting of the Board at which the
						decision is made.
1. New
						section filed 7-6-88; operative 8-5-88 (Register 88, No.
						30).
Note: Authority cited: Section
						  2775,
						  Public Resources Code. Reference: Section
						  2775,
						  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 5 - Reclamation Plan Appeals › Section 3650 - Filing of Intent to Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any person filing an appeal to the State
					 Mining and Geology Board (the Board) pursuant to Public Resources Code (PRC)
					 Section
					 2770
					 shall, within 15 days of exhausting the right to appeal in accordance with the
					 procedures of the lead agency, file a notice of intent to appeal by submitting
					 the following information:
(1) A map
					 indicating the exact location of the surface mining operation, including
					 township and range.
(2) A copy of
					 all documents which together were proposed to serve as the reclamation plan or
					 plan amendment and which were submitted to the lead agency for review and
					 approval pursuant to PRC Section
					 2770.
(3) Written statements with supporting
					 documentation indicating the basis for the appellant's challenge of the lead
					 agency's action or inaction regarding the submission of a reclamation plan or
					 plan amendment based on the grounds for an appeal provided for under PRC
					 section
					 2770(e)(1).
(A) failure to act means a lead agency's
					 inaction in processing the reclamation plan through its successive steps as
					 provided for in the lead agency's certified mining ordinance adopted pursuant
					 to PRC Section
					 2774,
					 and as provided for in PRC Section
					 2772.1.
(B) reasonable time means the time period
					 specified in the lead agency's certified mining ordinance, or that which is
					 mutually agreed upon by the applicant and the lead agency. Where no times are
					 specified in the lead agency's certified mining ordinance, then the interval
					 between successive review steps shall not exceed 60
					 days.
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 5 - Reclamation Plan Appeals › Section 3651 - Determination of Jurisdiction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Chair of the Board, or the Chair's
					 designee (Board Member), shall determine whether the appeal is within the
					 jurisdiction of the Board for purposes of hearing the appeal, and determine
					 whether the appellant's challenge raises substantial issues related to the lead
					 agency's review of reclamation plans or plan amendments submitted for surface
					 mining operations pursuant to the provisions of PRC Section
					 2770.
					 If the Chair finds, based upon the criteria stated in (1), (2), and (3) below,
					 that the appeal raises no substantial issues with respect to the lead agency's
					 review of reclamation plans submitted for surface mining operations pursuant to
					 the provisions of PRC Section
					 2770,
					 the Chair shall refuse to grant a hearing on the appeal. In making these
					 determinations, the Chair shall consider the following:
(1) Whether the appeal raises any issues
					 which can legally be addressed by the Board within the limits of PRC Section
					 2770(e);
					 and
(2) Whether the appeal
					 specifically relates to the lead agency's review of reclamation plans or plan
					 amendments submitted for surface mining operations pursuant to the provisions
					 of PRC Section
					 2770;
					 and
(3) Whether the appellant
					 exhausted all appeal remedies before the lead agency.
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 5 - Reclamation Plan Appeals › Section 3652 - Administrative Record

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Once the appellant has been notified that a determination has been made that an
					 appeal is within the jurisdiction of the Board for purposes of hearing the
					 appeal, the appellant shall submit to the board within 30 days of receipt of
					 notification, 3 copies of the lead agency's administrative record certified by
					 the lead agency as being a complete record of the following documents regarding
					 the appellant's reclamation plan or plan amendment, which shall include all of
					 the following information:
(1) All documents
					 which together are proposed to serve as the reclamation plan or plan amendment
					 and which were submitted to the lead agency for review and approval pursuant to
					 PRC Section
					 2770;
(2) Location and site description maps
					 submitted to the lead agency as part of the reclamation plan or plan amendment
					 application;
(3) Environmental
					 documentation prepared pursuant to the provisions of the California
					 Environmental Quality Act (CEQA), PRC Sections
					 21000
					 et seq., including conditions added for mitigation of environmental impacts, if
					 any;
(4) A copy of the lead
					 agency's certified mining ordinance under which the reclamation plan or plan
					 amendment may have been judged pursuant to PRC Section
					 2770;
(5) All reports, findings, communications,
					 correspondence, and statements in the file of the lead agency relating to the
					 proposed reclamation plan or plan amendment, including any comments by the
					 supervisor that were submitted pursuant to PRC Section
					 2772.1;
					 and
(6) Written transcripts of all
					 public hearings related to the lead agency review for approval of the
					 reclamation plan or plan amendment pursuant to PRC Section
					 2770.