California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 8 - Mining and Geology › Subchapter 1 - State Mining and Geology Board › Article 1 - Surface Mining and Reclamation Practice › Section 3504.5 - Conduct of Mine Inspections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The inspection form, as referenced in
					 Public Resources Code Section
					 2774(b)(1),
					 is the Surface Mining Inspection Report, form MRRC-1 (2019), which is hereby
					 incorporated by reference. The Notice of Completion of Inspection, as
					 referenced in Public Resources Code Section
					 2774(b)(1),
					 shall be submitted on form NOCI-1 (2019), which is hereby incorporated by
					 reference.
(b) Mine inspections
					 shall be performed by a qualified lead agency employee who in the determination
					 of the lead agency has demonstrated competence in performing inspections of
					 surface mining operations, or a California state-licensed person as specified
					 in Public Resources Code Section
					 2774(b)(1).
					 A qualified lead agency employee may include contractors and contract
					 employees. Any person engaged in the practice of geology, engineering,
					 landscape architecture, forestry, or land surveying, in the course of
					 evaluating any aspect or condition of the surface mining operation shall be
					 duly licensed in that practice as required by the Business and Professions
					 Code, Division 3, Chapters 3.5, 7, 12.5, 15 and Public Resources Code, Division
					 1, Chapter 2.5, Article 3. The mine inspector shall indicate on the Surface
					 Mining Inspection Report, those aspects or conditions that may require
					 evaluation by California state-licensed persons.
(c) Mine inspections shall not be performed
					 by any person who holds a financial interest in or has been employed by the
					 operator of the surface mining operation being inspected in any capacity,
					 including as a consultant, contractor, or contract employee, during the 12
					 months preceding the mine inspection. A qualified lead agency employee may
					 inspect surface mining operations owned and operated by the lead
					 agency.
(d) Inspectors shall keep
					 on file a current certificate of completion of an inspection workshop beginning
					 July 1, 2020 pursuant to Public Resources Code Section
					 2774(d)(3).
					 California state-licensed persons who only provide an evaluation of a
					 particular aspect or condition of a surface mining operation requiring
					 licensure may, but are not required to, obtain a certificate of completion of
					 an inspection workshop conducted by the Division of Mine Reclamation.
(e) The Surface Mining Inspection Report may
					 include any other reports or prepared documents by the person conducting the
					 inspection and when necessary any reports or documents prepared by California
					 state-licensed persons or specialists. A copy of the Surface Mining Inspection
					 Report, any other reports or documents, and the Notice of Completion of
					 Inspection shall be forwarded to the Division of Mine Reclamation and the mine
					 operator within 90 days of the date of the inspection. If required, a copy of
					 the Surface Mining Inspection Report and the Notice of Completion of Inspection
					 shall be forwarded to the appropriate Federal entity within 90 days of conduct
					 of the inspection.
1. New
						section filed 4-7-2003; operative 5-7-2003 (Register 2003, No.
						15).
2. Amendment of section heading, section and NOTE filed
						7-30-2019; operative 1-1-2020 pursuant to Government Code section
						11343.4(b)(2)
						(Register 2019, No. 31).
Note: Authority cited: Sections
						  2755
						  and
						  2759,
						  Public Resources Code. Reference: Section
						  2774,
						  Public Resources Code.