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 5 - Reclamation Plan Appeals › Section 3653 - Technical Review for Adequacy of Reclamation Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Board
					 may consult with the technical staff of the Division of Mine Reclamation for
					 determination of the adequacy of reclamation plans or plan amendments prepared
					 for surface mining operations that are appealed to the Board. Preliminary
					 determination of technical adequacy shall be based on, but shall not be limited
					 to, the following:
(1) Substantial compliance
					 with the requirements of PRC Sections
					 2772,
					 2772.1,
					 and
					 2773;
(2) Substantial compliance with the
					 requirements of Article 1 (commencing with Section
					 3500) and Article 9 (commencing
					 with Section
					 3700) of this
					 subchapter;
(3) Substantial
					 compliance with the reclamation provisions of the lead agency's mining
					 ordinance as certified by the Board pursuant to the provisions of PRC Section
					 2774;
					 and
(4) Whether the proposed
					 reclamation plan or plan amendment is technically feasible given the scope of
					 the mining operations.
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 3654 - 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 45 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. 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. The Board shall
						endeavor to schedule such public hearings in the jurisdiction from which the
						appeal originated but may otherwise schedule such appeals to be heard in
						Sacramento.
1. New
						section filed 1-3-89; operative 2-2-89 (Register 89, No. 2).
2.
						Amendment of section and NOTE filed 3-10-2021; operative 7-1-2021 (Register
						2021, No. 11). Transmission deadline specified in Government Code section
						11346.4(b)
						extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
						60 calendar days pursuant to Executive Order
						N-71-20.
Note: Authority cited: Sections
						  2755,
						  2759
						  and
						  2770,
						  Public Resources Code. Reference: Section
						  2770(e),
						  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 3655 - 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 2 members of the Board to be appointed for that hearing
						by the Chair. The Chair or the Chair's designee (Board Member) shall conduct
						the hearing; the recommendations of the committee shall be presented to a
						quorum of the Board at a regular business meeting for a decision of the full
						Board consistent with the procedures set forth in Section
						3659 of these
						regulations.
1. New
						section filed 1-3-89; operative 2-2-89 (Register 89, No. 2).
2.
						Amendment filed 10-1-2002; operative 10-31-2002 (Register 2002, No.
						40).
3. Amendment of section and NOTE filed 3-10-2021; operative
						7-1-2021 (Register 2021, No. 11). Transmission deadline specified in Government
						Code section
						11346.4(b)
						extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
						60 calendar days pursuant to Executive Order
						N-71-20.
Note: Authority cited: Section
						  2775,
						  2759
						  and
						  2770,
						  Public Resources Code. Reference: Section
						  2770(e),
						  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 3656 - Hearing Procedures-Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At least 10 days prior to the hearing,
					 the Board shall give public notice as follows:
(1) Mailing the notice to the lead agency,
					 the supervisor, and to 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 placed within the
					 jurisdiction 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 5 - Reclamation Plan Appeals › Section 3657 - 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
						3650 and
						3652 of this article, together
						with any findings from the technical review pursuant to Section
						3653 of this article, and any CEQA
						documents prepared pursuant to Section
						3652 of this
						article.
1. New
						section filed 1-3-89; operative 2-2-89 (Register 89, No. 2).
2.
						Amendment of NOTE filed 3-10-2021; operative 7-1-2021 (Register 2021, No. 11).
						Transmission deadline specified in Government Code section
						11346.4(b)
						extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
						60 calendar days pursuant to Executive Order
						N-71-20.
Note: Authority cited: Section
						  2755,
						  2759
						  and
						  2770,
						  Public Resources Code. Reference: Sections
						  2770(e)
						  and
						  2774,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 8 - Mining and Geology › Subchapter 1 - State Mining and Geology Board › Article 5 - Reclamation Plan Appeals › Section 3658 - Hearing Procedures-Sequence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The public hearing shall 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) Statement on behalf of the
					 supervisor;
(5) Statements on
					 behalf of the public;
(6) Rebuttal
					 on behalf of the appellant;
(7)
					 Rebuttal on behalf of the lead agency;
(8) Rebuttal on behalf of the supervisor;
					 and
(9) 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 5 - Reclamation Plan Appeals › Section 3659 - Hearing Procedures-Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Following the public hearing, the Board shall determine
						whether, based on the record before it, the proposed reclamation plan or plan
						amendment substantially meets the requirements of PRC 2772, 2772.1, 2773,
						Article 1 (commencing with Section
						3500), Article 9 (commencing with
						Section 3700), and the certified lead
						agency surface mining and reclamation ordinance, and the provisions of Section
						3654 of this article. Notification
						of the Board's determination shall be made by certified mail to the appellant,
						the supervisor, and the lead agency within 15 days following the regular
						business meeting of the Board at which the decision is made. The Board shall
						also follow the provisions of PRC Section
						2772.1(b)(7)(B)
						and provide the supervisor with an official copy of the approved reclamation
						plan or plan amendment. In cases where the reclamation plan or plan amendment
						is not approved, deficiencies shall be noted in the correspondence notifying
						the appellant, supervisor, and the lead agency of the Board's decision, and the
						operator shall be put on notice that deficiencies must be corrected, and a
						revised reclamation plan or plan amendment filed with the lead agency within 30
						days.
1. New
						section filed 1-3-89; operative 2-2-89 (Register 89, No. 2).
2.
						Amendment of section and NOTE filed 3-10-2021; operative 7-1-2021 (Register
						2021, No. 11). Transmission deadline specified in Government Code section
						11346.4(b)
						extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
						60 calendar days pursuant to Executive Order
						N-71-20.
Note: Authority cited: Sections
						  2755,
						  2759
						  and
						  2770,
						  Public Resources Code. Reference: Sections
						  2770(e),
						  2772,
						  2773
						  and
						  2774,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 8 - Mining and Geology › Subchapter 1 - State Mining and Geology Board › Article 6 - Mineral Resource Management Policies › Section 3675 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following definitions as used herein shall govern the
						interpretation of these regulations:
Compatible Land Use. Land uses inherently compatible with
						mining and/or that require a minimum public or private investment in
						structures, land improvements, and which may allow mining because of the
						relative economic value of the land and its improvements. Examples of such uses
						may include, but shall not be limited to, very low density residential,
						geographically extensive but low impact industrial, recreational, agricultural,
						silvicultural, grazing, and open space.
Incompatible Land Use. Land uses inherently incompatible
						with mining and/or that require public or private investment in structures,
						land improvements, and landscaping and that may prevent mining because of the
						greater economic value of the land and its improvements. Examples of such uses
						may include, but shall not be limited to, high density residential, low density
						residential with high unit value, public facilities, geographically limited but
						impact intensive industrial, and commercial.
1. New
						section filed 10-12-88; operative 11-11-88 (Register 88, No.
						42).
Note: Authority cited: Section
						  2755,
						  Public Resources Code. Reference: Sections
						  2761-
						  2762,
						  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 6 - Mineral Resource Management Policies › Section 3676 - Mineral Resource Management Policies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Lead agency mineral resource management policies adopted
						pursuant to the provisions of PRC Section
						2762
						shall include but not be limited to, the following:
(a) A summary of the information provided by
					 the classification and/or designation reports, or incorporation of PRC Sections
					 2710
					 et seq., and state policy by reference, together with maps of the identified
					 mineral deposits or incorporation by reference of the classification and/or
					 designation maps provided by the Board.
(b) Statements of policy in accordance with
					 the provisions of PRC Section
					 2762(a).
(c) Implementation measures that shall
					 include:
(1) Reference in the general plan of
					 the location of identified mineral deposits, and a discussion of those areas
					 targeted for conservation and possible future extraction by the lead
					 agency.
(2) Use of overlay maps or
					 inclusion of information on any appropriate planning maps to clearly delineate
					 identified mineral deposits and those areas targeted by the lead agency for
					 conservation and possible future extraction.
(3) At least one of the following:
(A) Use of special purpose overlay zones,
					 mineral resource/open space zoning, or any other appropriate zoning that
					 identifies the presence of identified mineral deposits and restricts the
					 encroachment of incompatible land uses in those areas that are to be
					 conserved.
(B) Record, on property
					 titles in the affected mineral resource areas, a notice identifying the
					 presence of identified mineral deposits.
(C) Impose conditions upon incompatible land
					 uses in and surrounding areas containing identified mineral deposits for the
					 purpose of mitigating the significant land use conflicts prior to approving a
					 use that would otherwise be incompatible with mineral
					 extraction.
California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 8 - Mining and Geology › Subchapter 1 - State Mining and Geology Board › Article 7 - Financial Assurance Cost Estimate Appeal Procedures › Section 3680 - Purpose of Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The regulations contained in sections
						3681-3690 govern procedures for
						appeals to the State Mining and Geology Board ("the Board") filed by any person
						other than the Division concerning lead agency denial of or inaction upon
						financial assurance cost estimates for reclamation of surface mining operations
						under section
						2770
						of the Public Resources Code.
1. New
						section filed 12-12-91; operative 12-12-91 pursuant to Government Code section
						11346.2(d)
						(Register 92, No. 9).
2. Amendment of article 7 heading, section and
						NOTE filed 11-7-2019; operative 1-1-2020 (Register 2019, No.
						45).
Note: Authority cited: Sections
						  2755,
						  2759
						  and
						  2770,
						  Public Resources Code. Reference: Section
						  2770,
						  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 7 - Financial Assurance Cost Estimate Appeal Procedures › Section 3681 - Filing of Intent to Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A person filing an appeal to the Board
					 pursuant to section
					 2770
					 of the Public Resources Code concerning financial assurance cost estimates for
					 reclamation 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 that constitute
					 the financial assurance cost estimate for reclamation intending to be
					 appealed.
(3) Written statements,
					 with supporting documentation, indicating the basis for the appellant's
					 challenge of the action or inaction by the lead agency concerning the financial
					 assurance cost estimate for reclamation.
California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 8 - Mining and Geology › Subchapter 1 - State Mining and Geology Board › Article 7 - Financial Assurance Cost Estimate Appeal Procedures › Section 3682 - 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 any substantial issues related to the
					 review by the lead agency of the financial assurance cost estimate for
					 reclamation for surface mining operations pursuant to Public Resources Code
					 section
					 2770.
					 If the Chair finds, based on the criteria stated in (a) through (c) below, that
					 the appeal raises no substantial issues with respect to the review by the lead
					 agency of the financial assurance cost estimate for surface mining operations
					 under Public Resources Code section
					 2770,
					 the Chair shall refuse to grant a hearing on the appeal. In making this
					 determination, the Chair shall consider the following:
(1) Whether the appeal raises any issues
					 which legally can be addressed by the Board within the limits of Public
					 Resources Code section
					 2770
					 and the rules of the Board;
(2)
					 Whether the appeal specifically relates to the lead agency's review of the
					 financial assurance cost estimate submitted for surface mining operations
					 pursuant to the provisions of Public Resources Code section
					 2770;
					 and
(3) Whether the appellant has
					 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 7 - Financial Assurance Cost Estimate Appeal Procedures › Section 3683 - Limit on Number of Filings of Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon a finding by the Chair, or the Chair's designee
						(Board Member), that the appeal is not within the jurisdiction of the Board,
						the appellant may refile the notice of intent to appeal, once only, with the
						identified information needed to complete the appeal, within 21 days of receipt
						of the letter of denial of the original notice of intent to
						appeal.
1. New
						section filed 12-12-91; operative 12-12-91 pursuant to Government Code section
						11346.2(d)
						(Register 92, No. 9).
2. Amendment of section and NOTE filed
						11-7-2019; operative 1-1-2020 (Register 2019, No.
						45).
Note: Authority cited: Sections
						  2755,
						  2759
						  and
						  2770,
						  Public Resources Code. Reference: Section
						  2770,
						  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 7 - Financial Assurance Cost Estimate Appeal Procedures › Section 3684 - 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 3 copies of the complete administrative
					 record which the lead agency shall certify as being a complete record of the
					 documents and information submitted to, and in the case of denial, considered
					 by the lead agency regarding the appellant's financial assurance cost estimate.
					 The certified administrative record shall include, but shall not be limited to,
					 all of the following information:
(1) A copy
					 of the approved reclamation plan for the mining operation and any permit
					 conditions or California Environmental Quality Act mitigations which pertain to
					 reclamation for which the financial assurances for reclamation are
					 proposed;
(2) A copy of the
					 documents comprising the financial assurance cost estimate or the proposed
					 financial assurance cost estimate for reclamation which were submitted to the
					 lead agency for review and approval pursuant to Public Resources Code section
					 2770;
(3) Location and site description maps
					 submitted to the lead agency as part of the reclamation plan;
(4) A detailed estimate of the cost of the
					 reclamation, in accordance with the approved reclamation plan, of the lands
					 remaining disturbed and/or to be disturbed by the surface mining operation in
					 the applicable 12 month period, together with a map clearly delineating the
					 boundaries of those lands;
(5) All
					 reports, findings, communications, correspondence and statements in the file of
					 the lead agency relating to the financial assurance cost estimate for
					 reclamation in question;
(6)
					 Written transcripts of all public hearings related to the lead agency's review
					 of the financial assurance cost estimate.
California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 8 - Mining and Geology › Subchapter 1 - State Mining and Geology Board › Article 7 - Financial Assurance Cost Estimate Appeal Procedures › Section 3685 - 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 45 days from the filing of the complete certified
						administrative record, or at such time as may be mutually agreed upon by the
						Board, the appellant, and the lead agency. 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 12-12-91; operative 12-12-91 pursuant to Government Code section
						11346.2(d)
						(Register 92, No. 9).
2. Amendment of section and NOTE filed
						11-7-2019; operative 1-1-2020 (Register 2019, No.
						45).
Note: Authority cited: Sections
						  2755,
						  2759
						  and
						  2770,
						  Public Resources Code. Reference: Section
						  2770,
						  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 7 - Financial Assurance Cost Estimate Appeal Procedures › Section 3686 - 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 2 Board members to be appointed for that hearing by the
						Chair of the Board. The Chair of the Board or the Chair's designee (Board
						Member) shall conduct the hearing; the recommendations of the committee shall
						be presented to a quorum of the board at a regular business meeting for a
						decision of the full Board consistent with the procedures set forth in section
						3690 of these
						regulations.
1. New
						section filed 12-12-91; operative 12-12-91 pursuant to Government Code section
						11346.2(d)
						(Register 92, No. 9).
2. Amendment of section and NOTE filed
						11-7-2019; operative 1-1-2020 (Register 2019, No.
						45).
Note: Authority cited: Sections
						  2755,
						  2759
						  and
						  2770,
						  Public Resources Code. Reference: Section
						  2770,
						  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 7 - Financial Assurance Cost Estimate Appeal Procedures › Section 3687 - 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 and
					 to 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 posting the notice on the Board's website; and
(4) Posting of the notice in a place where
					 notices are customarily placed within the jurisdiction 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 7 - Financial Assurance Cost Estimate Appeal Procedures › Section 3688 - Hearing Procedures-Record

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The record before the Board at the public hearing shall
						consist of the notice of intent submitted to the Board pursuant to 3681 and the
						certified administrative record from the lead agency pursuant to 3684(a),
						unless section
						3684(d) is
						applicable.
1. New
						section filed 12-12-91; operative 12-12-91 pursuant to Government Code section
						11346.2(d)
						(Register 92, No. 9).
2. Amendment of section and NOTE filed
						11-7-2019; operative 1-1-2020 (Register 2019, No.
						45).
Note: Authority cited: Sections
						  2755,
						  2759
						  and
						  2770,
						  Public Resources Code. Reference: Sections
						  2770
						  and
						  2774,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 8 - Mining and Geology › Subchapter 1 - State Mining and Geology Board › Article 7 - Financial Assurance Cost Estimate Appeal Procedures › Section 3689 - Hearing Procedures - Sequence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The public hearing shall 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 Division of
					 Mine Reclamation and any other public agency or agencies exercising
					 jurisdiction over the surface mining operation, if applicable;
(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 7 - Financial Assurance Cost Estimate Appeal Procedures › Section 3690 - Hearing Procedures-Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Following the public hearing, the Board
					 shall determine whether, based on the record before it, the proposed or
					 existing financial assurance cost estimate for reclamation is sufficient to
					 complete reclamation in accordance with the approved reclamation plan and/or
					 plan amendment pursuant to the applicable requirements of Public Resources Code
					 sections
					 2770,
					 2773.1,
					 2773.4,
					 Article 11 (commencing with section
					 3800) of this subchapter, the
					 Board's financial assurance guidelines, and the lead agency surface mining
					 ordinance adopted pursuant to subdivision (a) of section
					 2774. Financial assurance cost
					 estimates determined to meet these requirements shall be approved by the Board.
					 Notification of the Board's determination shall be made by certified mail to
					 the appellant and the lead agency within 10 days following the regular business
					 meeting of the Board at which the decision was made. Notification of the
					 Board's determination shall also be made by regular mail or electronic mail to
					 the Division and any other public agency or agencies exercising jurisdiction
					 over the surface mining operation, if applicable, within 10 days following the
					 regular business meeting of the Board at which the decision was made.
(b) In a case where the financial assurance
					 cost estimate for reclamation is not approved, deficiencies shall be noted in
					 the correspondence notifying the appellant and the lead agency of the Board's
					 decision. The appellant shall be granted, once only, a period of 30 days, or a
					 longer period mutually agreed upon by the appellant and the Board, to correct
					 the noted deficiencies and submit the revised financial assurance cost estimate
					 for reclamation to the lead agency for review and approval. The lead agency
					 shall provide notice to the Division of the approved revised financial
					 assurance cost estimate within 5 days of approval.
1. New
						section filed 12-12-91; operative 12-12-91 pursuant to Government Code section
						11346.2(d)
						(Register 92, No. 9).
2. Amendment of section and NOTE filed
						11-7-2019; operative 1-1-2020 (Register 2019, No.
						45).
Note: Authority cited: Sections
						  2755,
						  2759
						  and
						  2770,
						  Public Resources Code. Reference: Sections
						  2770
						  and
						  2774,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 8 - Mining and Geology › Subchapter 1 - State Mining and Geology Board › Article 7 - Financial Assurance Cost Estimate Appeal Procedures › Section 3691.1 - Purpose of Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The regulations contained in sections
						3691.2-3691.10 govern procedures
						for appeals to the State Mining and Geology Board ("the Board") filed by the
						Division of Mine Reclamation ("the Division"), concerning lead agency approved
						financial assurance cost estimates for reclamation of surface mining operations
						under section
						2770
						of the Public Resources Code.
1. New
						section filed 11-7-2019; operative 1-1-2020 (Register 2019, No.
						45).
Note: Authority cited: Sections
						  2755,
						  2759
						  and
						  2770,
						  Public Resources Code. Reference: Section
						  2770,
						  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 7 - Financial Assurance Cost Estimate Appeal Procedures › Section 3691.2 - Filing of Intent to Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Division may file an appeal to the
					 Board pursuant to section
					 2770
					 of the Public Resources Code concerning a financial assurance cost estimate,
					 within 15 days of receiving a lead agency's final response to comments pursuant
					 to Public Resources Code section
					 2773.4(c)(6)(B)
					 or
					 2773.4(d)(5)(E)
					 or, if the lead agency fails to provide a final response to comments, 45 days
					 after approval of the financial assurance cost estimate. The notice of intent
					 to appeal submitted by the Division shall include the following information:
(1) A copy of the financial assurance cost
					 estimate and all supporting documents which the lead agency submitted to the
					 Division for comment pursuant to Public Resources Code section
					 2773.4.
(2) A copy of the Division's comments
					 submitted pursuant to Public Resources Code section
					 2773.4(c)(6)(B)
					 or 2773.4(d)(6), and a written statement indicating the basis for the
					 Division's challenge of the approval by the lead agency concerning the
					 financial assurance cost estimate for reclamation.
California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 8 - Mining and Geology › Subchapter 1 - State Mining and Geology Board › Article 7 - Financial Assurance Cost Estimate Appeal Procedures › Section 3691.3 - 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. Where the Chair
					 or the Chair's designee finds that the Division provided comments to the lead
					 agency pursuant to Public Resources Code section
					 2773.4,
					 the Chair or the Chair's designee shall grant a hearing on the
					 appeal.
(b) The Board shall notify
					 the Division and the lead agency of the determination of jurisdiction by the
					 Chair or the Chair's designee.
1. New
						section filed 11-7-2019; operative 1-1-2020 (Register 2019, No.
						45).
Note: Authority cited: Sections
						  2755,
						  2759
						  and
						  2770,
						  Public Resources Code. Reference: Section
						  2770,
						  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 7 - Financial Assurance Cost Estimate Appeal Procedures › Section 3691.4 - Administrative Record

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Once the Division 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 Division shall submit 3 copies of the administrative record which
					 the lead agency shall certify as being a complete record of the documents and
					 information submitted to and considered by the lead agency regarding the
					 approval of the financial assurance cost estimate. The certified administrative
					 record shall include, but shall not be limited to, all of the following
					 information:
(1) A copy of the lead agency
					 approved reclamation plan for the mining operation and any permit conditions or
					 California Environmental Quality Act mitigations which pertain to reclamation
					 for which the financial assurance cost estimate for reclamation is
					 proposed;
(2) Written transcripts
					 of all public hearings related to the lead agency's approval of the financial
					 assurance cost estimate.
(3) The
					 financial assurance cost estimate and all supporting documents which the lead
					 agency submitted to the Division for comment pursuant to Public Resources Code
					 section
					 2773.4,
					 along with comments submitted to the lead agency by the Division, and any
					 supporting documentation.
(4) Any
					 documents or information exchanged during a consultation requested by the
					 Division pursuant to Public Resources Code 2773.4, subdivisions (c)(5)(A) or
					 (d)(5)(C)(i).
California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 8 - Mining and Geology › Subchapter 1 - State Mining and Geology Board › Article 7 - Financial Assurance Cost Estimate Appeal Procedures › Section 3691.5 - 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 45 days from the filing of the complete certified
						administrative record, or at such time as may be mutually agreed upon by the
						Board, the Division, the operator and the lead agency. 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 11-7-2019; operative 1-1-2020 (Register 2019, No.
						45).
Note: Authority cited: Sections
						  2755,
						  2759
						  and
						  2770,
						  Public Resources Code. Reference: Section
						  2770,
						  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 7 - Financial Assurance Cost Estimate Appeal Procedures › Section 3691.6 - 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 2 Board members to be appointed for that hearing by the
						Chair. The Chair or the Chair's designee (Board Member) shall conduct the
						hearing; the recommendations of the committee shall be presented to a quorum of
						the Board at a regular business meeting for a decision of the full Board
						consistent with the procedures set forth in section
						3691.10 of these
						regulations.
1. New
						section filed 11-7-2019; operative 1-1-2020 (Register 2019, No.
						45).
Note: Authority cited: Sections
						  2755,
						  2759
						  and
						  2770,
						  Public Resources Code. Reference: Section
						  2770,
						  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 7 - Financial Assurance Cost Estimate Appeal Procedures › Section 3691.7 - Hearing Procedures-Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At least 15 working days prior to the
					 hearing, the Board shall give public notice as follows:
(1) Mailing the notice to the lead agency,
					 the Division, and the operator;
(2)
					 Mailing the notice to any other public agency or agencies exercising
					 jurisdiction over the surface mining operation, if applicable;
(3) Mailing the notice to any person who
					 requests notice of the appeal or hearing;
(4) Mailing the notice to the Board's regular
					 mailing list; and
(5) Posting of
					 the notice in a place where notices are customarily placed within the
					 jurisdiction 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 7 - Financial Assurance Cost Estimate Appeal Procedures › Section 3691.8 - Hearing Procedures-Record

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The record before the Board at the public hearing shall
						consist of the notice of intent submitted to the Board pursuant to 3691.2, the
						certified administrative record from the lead agency pursuant to 3691.4(a)
						unless section
						3691.4(e) is
						applicable, and any documents submitted pursuant to 3691.4(g) of this
						article.
1. New
						section filed 11-7-2019; operative 1-1-2020 (Register 2019, No.
						45).
Note: Authority cited: Sections
						  2755,
						  2759
						  and
						  2770,
						  Public Resources Code. Reference: Sections
						  2770
						  and
						  2774,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 8 - Mining and Geology › Subchapter 1 - State Mining and Geology Board › Article 7 - Financial Assurance Cost Estimate Appeal Procedures › Section 3691.9 - Hearing Procedures-Sequence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The public hearing shall normally proceed
					 in the following manner:
(1) Identification
					 of the record;
(2) Statements on
					 behalf of the Division;
(3)
					 Statements on behalf of any other public agency or agencies exercising
					 jurisdiction over the surface mining operation, if applicable;
(4) Statements on behalf of the lead
					 agency;
(5) Statements on behalf of
					 the operator;
(6) Statements on
					 behalf of the public;
(7) Rebuttal
					 on behalf of the Division; and
(8)
					 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 8 - Fees Schedule › Section 3696.5 - Board Administration Fee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each surface mining operation, as defined in Public
						Resources Code sections
						2719,
						2727.1,
						and
						2735,
						and, Title 14 California Code of Regulations, Section
						3501, unless exempted by Public
						Resources Code Section
						2714,
						shall be assessed each January 31 an annual administration fee of $14 (fourteen
						dollars) per day for each day of the previous calendar year that the surface
						mine operation was under the board's jurisdiction as lead agency pursuant to
						Chapter 9, commencing with Section
						2710. The administration fee is
						due and payable to the State Mining and Geology Board not later than April 1
						each year by the surface mine's owner or operator of record on the preceding
						December 31.
1. New
						section filed 11-8-2004; operative 12-8-2004 (Register 2004, No.
						46).
2. Amendment filed 6-20-2007; operative 7-20-2007 (Register
						2007, No. 25).
Note: Authority cited: Sections
						  2207
						  and
						  2755,
						  Public Resources Code. Reference: Section
						  2207,
						  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 8 - Fees Schedule › Section 3697 - Fees Due and Delinquent

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The annual
					 reporting fee and Mining Operation Annual Report (MRRC-2) are due and payable
					 to the Division of Mine Reclamation not later than July 1 for the prior
					 reporting year, by the owner or operator of record on the preceding December
					 31. The initial reporting fee for a new mining operation, together with an
					 initial report, are due and payable to the Division of Mine Reclamation not
					 later than thirty (30) days after permit approval. An owner or operator of a
					 mining operation submitting an annual reporting fee or annual report after July
					 1, or more than thirty (30) days after permit approval, shall be assessed a
					 penalty fee and interest as provided in Public Resources Code Section
					 2207(c) and
					 (d)(5).
(b) Except as otherwise provided in (c), for
					 the purposes of this article, mining operations are deemed to be discrete
					 operations per each reclamation plan required.
(c) Multiple site mining operations are
					 deemed to be those mining operations which meet all of the following criteria:
(1) one or more mining operations are
					 operated on one or more sites by a single operator or mining company;
(2) the total annual combined mineral
					 production for all sites is less than 100 troy ounces for precious metals, if
					 precious metals are the primary mineral commodity produced, or less than
					 100,000 short tons if the primary mineral commodity product is not precious
					 metals;
(3) no sites are reporting
					 fee assessments set forth in Section
					 3698, subsections (b), (d), or
					 (e);
(4) all of the operator or
					 company's entire mining operations located in the State of California are tied
					 to, or located on, the listed sites; and
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 › Section 3698 - Fees Calculation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Annual reporting fees cited in sections
						3698 and
						3699 shall be adjusted for the
						cost of living as measured by the California Consumer Price Index for all urban
						consumers, calendar year averages, using the percentage change in the previous
						year and annually thereafter.
(a) The
					 annual reporting fee for a multiple site mining operation shall be four
					 thousand dollars ($4,000).
(b) The
					 annual reporting fee for mining operations which are no longer in operation
					 with no intent to resume, which had no mineral production in the reporting
					 calendar year, and
(1) which did not complete
					 reclamation during the reporting calendar year shall be $100; or
(2) which completed reclamation during the
					 reporting calendar year shall be $100. Proof of completion of reclamation,
					 approved by the lead agency, shall be submitted with this fee.
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 › Section 3699 - Low Gross Exemptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the
					 reporting calendar year, a single operator or mining company may file with the
					 Division of Mine Reclamation of the Department of Conservation, a written
					 request for an exemption from the method of fee assessment set forth in Section
					 3698. Neither the State, nor any
					 county, city, district or other political subdivision shall be eligible for an
					 exemption under. this Section. A request for an exemption must be filed on a
					 form (Low Gross Exemption Fee Request, Form MRRC-4L) supplied by the Division
					 of Mine Reclamation and postmarked or received by the Division of Mine
					 Reclamation on or before July 1 following the reporting calendar year in order
					 to be considered. The Division of Mine Reclamation shall grant the exemption if
					 information submitted and confirmed by the annual report form and approved
					 reclamation plan, clearly demonstrates that the mining operation meets the
					 following criteria:
(1) material is extracted
					 from one mining operation, and lead agency approval of a reclamation plan and
					 financial assurance has been obtained; and
(2) all of the single operator or mining
					 company's mining operation located in the State of California is tied to, or
					 located on, one site; and
(3) the
					 amount of the single operator or mining company's gross income from the mining
					 operation for the reporting calendar year was less than $128,900, as adjusted
					 for the cost of living as measured by the California Consumer Price Index for
					 all urban consumers, calendar year averages, using the percentage change in the
					 previous year and annually thereafter, and proof of gross income is supplied in
					 the form of a signed federal tax return or returns accompanied by a complete
					 and signed Federal Internal Revenue Service Form 4506, or a report prepared and
					 signed by a certified public accountant or an enrolled agent listed on the
					 active roster maintained by the Federal Internal Revenue Service; and
(4) the single operator or mining company has
					 submitted an annual reporting fee of five hundred fifteen dollars ($515) as
					 adjusted for the cost of living as measured by the California Consumer Price
					 Index for all urban consumers, calendar year averages, using the percentage
					 change in the previous year, and annually thereafter.
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-2

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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