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SURFACE MININGAND RECLAMATION ACT OF 1975
<br /> As amended by:
<br /> t. . Senate Bill 1300, Nejedly - 1980 Statutes Senate Bill 1569, Rogers - 1992 Statutes
<br /> Assembly Bill 110, Areias - 1984 Statutes Assembly Bill 3098 , Sher 1992 Statutes
<br /> Senate Bill 593, Royce - 1985 Statutes Assembly Bill 723, Sher - 1993 Statutes
<br /> 1 Senate Bill 1261, Seymour- 1986 Statutes Assembly Bill 904, Sher- 1993 Statutes
<br /> Assembly Bill 747, Sher - 1987 Statutes,{ Assembly Bill 867, Sher- 1994 Statutes
<br /> Assembly Bill 3551, Sher - 1990 Statutes Senate Bili 273, Leslie - 1995 Statutes, and
<br /> { Assembly Bill 3903, Sher- 1990 Statutes Senate Bill 614, Craven et a!- 1995 Statutes
<br /> Assembly Bill 1506, Sher- 1991 Statutes
<br /> Article 1. General Provisions
<br /> (b} Onsite excavations and onsite earthmoving
<br /> § 2710. This chapter shall be known and may be activities which are an integrah and necessary part of a
<br /> cited as the Surface Mining and Reclamation Act of construction project that are undertaken to prepare a site
<br /> 1975. for construction of structures, landscaping, or other land
<br /> 4 § 2711. (a)The Legislature hereby finds and declares improvements, including the related excavation, grading,
<br /> that the extraction of. minerals is essential to the` compaction, or the creation of fills, road cuts,. and
<br /> continued economic well-being of the state and to the embankments, whether or not surplus materials are
<br /> needs of the society, and that the reclamation of mined exported from the site, subject to all of the following
<br /> lands is necessary to prevent or minimize adverse effects conditions:
<br /> on the environment and to protect the public health and (1) All required permits for the construction,
<br /> safety. landscaping, or related land improvements have been
<br />'4 (b) The Legislature further finds that the reclamation approved by a public agency in accordance with applicable
<br /> of mined lands as provided in this chapter will permit the provisions of state law and locally adopted plans and
<br /> continued mining of minerals and will provide for the ordinances, including, but not limited to, Division 13
<br /> protection and subsequent beneficial use of the mined (commencing with Section 21000).
<br /> and reclaimed land. (2) The lead agency's approval of the construction
<br /> i (c) The Legislature further finds that surface-mining project included consideration of the onsite excavation and
<br /> takes place in diverse areas where the 'geologic, onsite earthmoving activities pursuant to Division 13
<br /> topographic,climatic,biological,and social conditions are (commencing with Section 21000).
<br /> significantly different and that reclamation operations and I3} The approved construction project is consistent
<br />} the specifications therefore may vary accordingly. with the general plan or zoning of the site.
<br /> § 2712. It is the intent of the Legislature to create (4) Surplus materials shall not be exported from the
<br /> and maintain an effective and comprehensive surface site unless and until actual construction work has
<br /> mining and reclamation policy with regulation of surface commenced and shall cease if it is determined that
<br /> mining operations so as to assure that: construction activities have terminated, have been
<br /> (a) Adverse environmental effects are prevented or indefinitely suspended; or are no longer being actively
<br /> minimized and that mined lands are reclaimed to a usable pursued.
<br /> condition which is readily adaptable for alternative land (c) Operation of a plant site used for mineral
<br /> uses. . .1 processing, including associated onsite structures,
<br /> (b) The production and conservation of minerals are equipment, machines, tools, or other materials, including
<br /> encouraged, while giving consideration to values relating the onsite stockpiling and onsite recovery of mined
<br /> to recreation, watershed, wildlife, range and forage, and materials, subject to all of the following conditions:
<br /> aesthetic enjoyment. (1) The plant site is located on lands designated for
<br /> (c) Residual hazards to the public health and safety s industrial or commercial uses in the applicable county or
<br /> are eliminated. city general plan.
<br /> 1 § 2713. It is not the intent of the Legislature by the (2) The plant site is located on lands zoned industrial
<br /> I enactment of this chapter to take private property for or commercial, or are contained within a zoning category
<br /> public use without payment of just compensation in intended exclusively for industrial activities by the
<br /> violation of the California and United States applicable city or county.
<br /> Constitutions. (3) None of the minerals being processed are being
<br /> } § 2714. This chapter does not apply to any of the extracted onsite.
<br /> following activities: (4)All reclamation work has been completed pursuant
<br /> (a) Excavations or grading conducted for farming or to the approved reclamation plan for any mineral
<br /> onsite construction or for the purpose of restoring land extraction activities that occurred onsite after January 1,
<br /> following a flood or natural disaster. ;; 1976.
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