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(d) Prospecting for, or the extraction of, minerals for {2} This exemption shall be available only if slope
<br /> commercial purposes and the removal of overburden In stability and erosion are controlled in accordance with
<br /> total amounts of less than 1,000 cubic yards in any one subdivision (f) of Section 3704 and subdivision (d) of
<br /> location of one acre or less. Section 3706 of Subchapter 1 of Chapter 8 of Division 2
<br /> (e) Surface mining operations that are required by of Title 14 of the California Code of Regulations and, upon
<br /> federal law in order to protect a mining claim, if those closure of the site,the person closing the site implements,
<br /> operations are conducted solely for that purpose. where necessary, revegetation measures and postclosure
<br /> (f) Any other surface mining operations that the uses, in consultation with the Department of Forestry and
<br /> board determines to be of an infrequent nature and which Fire Protection.
<br /> involve only minor surface disturbances. § 2715. No provision of this chapter or any ruling,
<br /> (g) The solar evaporation of sea water or bay water requirement, or policy of the board is a limitation on any
<br /> for the production of salt and related minerals. of the following,
<br /> (h) Emergency excavations or grading conducted by (a) On the police power of any city or county or on
<br /> the Department of Water Resources or the Reclamation the power of any city or county to declare, prohibit, and
<br /> Board for the purpose of averting, alleviating, repairing, abate nuisances.
<br /> or restoring damage to property due to imminent or (b) On the power of the Attorney General, at the
<br /> recent floods, disasters, or other emergencies. request of the board, or upon his own motion, to bring an
<br /> (i) (1) Surface mining operations conducted on lands action in the name of the people of the State of California t f
<br /> owned or leased, or upon which easements or rights-of- to enjoin any pollution or nuisance. Ii1
<br /> way have been obtained, by the Department of Water (c) On the power of any state agency in the
<br /> Resources for the purpose of the State Water Resources enforcement or administration of any provision of law
<br /> Development System or flood control,and surface mining which it is specifically authorized or required to enforce or
<br /> operations on lands owned or leased, or upon which administer.
<br /> easements or rights-of-way have been obtained, by the (d) On the right of any person to maintain at any time
<br /> Reclamation Board for the purpose of flood control,if the any appropriate action for relief against any private
<br /> Department of Water Resources adopts,after submission nuisance as defined in Part 3 (commencing with Section
<br /> to and consultation with, the Department of 3479) of Division 4 of the Civil Code or for any other
<br /> Conservation, a reclamation plan for lands affected by private relief.
<br /> these activities, and those lands are reclaimed in (e) On the power of any lead agency to adopt policies,
<br /> conformance with the standards specified in regulations standards,or regulations imposing additional requirements
<br /> of the board adopted pursuant to this chapter. The on any person if the requirements do not prevent the
<br /> Department of Water Resources shall provide an annual person from complying with the provisions of this chapter.
<br /> report to the Department of Conservation by the date (f) On the power of any city or county to regulate the j
<br /> specified by the Department of Conservation on these use of buildings,structures, and land as between industry,
<br /> mining activities. business, residents, open space (including agriculture,
<br /> (2) Nothing in this subdivision shall require the recreation,the enjoyment of scenic beauty, and the use of
<br /> Department of Water Resources or the Reclamation Board natural resources), and other purposes,
<br /> to obtain a permit or secure approval of a reclamation § 2716. Any person may commence an action on his
<br /> plan from any city or county in order to conduct surface or her own behalf against the board, the State Geologist,
<br /> mining operations specified in paragraph (1). Nothing in or the director for a writ of mandate pursuant to Chapter
<br /> this subdivision shall preclude the bringing of an 2 (commencing with Section 1084) of Title 1 of Part 3 of
<br /> enforcement action pursuant to Section 2774.1, if it is the Code of Civil Procedure to compel the board,the State
<br /> determined that.a surface mine operator, acting under Geologist, or the director to carry out any duty imposed
<br /> contract with the Department of Water Resources or the upon them pursuant to this chapter.
<br /> Reclamation Board on lands other than those owned or § 2717. (a) The board shall submit to the Legislature
<br /> leased, or upon which easements or rights-of-way have on December 1 st of each year a report on the actions
<br /> been obtained, by the Department of Water Resources or taken pursuant to this chapter during the preceding fiscal
<br /> the Reclamation Board, is otherwise not in compliance year. The report shall include a statement of the actions,
<br /> with this chapter. including legislative recommendations, which are
<br /> (j) (1) Excavations or grading for the exclusive necessary to carry out more completely the purposes and
<br /> purpose of obtaining materials for roadbed construction requirements of this chapter.
<br /> and maintenance conducted in connection with timber (b) For purposes of ensuring compliance with Section
<br /> operations or forest management on land owned by the 10295.5 of the Public Contract Code, on and after July 1,
<br /> same person or entity. This exemption is limited to 1993, the department shall, at a minimum, quarterly
<br /> excavation and grading that.is conducted adjacent to publish in the California Regulatory Notice Register, or
<br /> timber operation or forest management roads and shall otherwise make available upon request to the Department
<br /> not apply to onsite excavation or grading that occurs of General Services or any other state agency, a list
<br /> within 100 feet of a Class One watercourse or 75 feet of identifying all of the following:
<br /> a Class Two watercourse, or to excavation for materials (1) Surface mining operations for which a report has
<br /> that are, or have been, sold for commercial purposes. been submitted pursuant to Section 2207 which indicates
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