Laserfiche WebLink
{ <br /> ' of that division. Otherwise,the lead agency shall provide accordance with the lead agency's mineral resource <br /> public notice of the availability of its statement by all of management policies and shall also, in balancing mineral <br /> the following: values against alternative land uses, consider the <br /> (1) Publishing the notice at least one time in a importance of the mineral resources to the state and <br /> newspaper of general circulation in the area affected by nation as a whole. <br /> the proposed use. § 2764. (a) Upon the request of an operator or other <br /> (2) Directly mailing the notice to owners of property interested person and payment by the requesting person <br /> within one-half mile of the parcel or parcels on'which the of the.estimated cost of processing the request, the lead <br /> proposed use is located as those owners are shown on agency having jurisdiction shall amend its general plan, or <br /> the latest equalized assessment role. prepare a new specific plan or amend any applicable <br /> 1The public review period shall not be less than 60 specific plan, that shall, with respect to the continuation <br /> days from the date of the notice and shall include at least of the existing surface mining operation for which the <br /> one public hearing. The lead agency shall evaluate request is made, plan for future land uses in the vicinity <br /> comments received and shall prepare a writtenresponse. of, and access routes serving, the surface mining <br /> The written response shall describe the disposition of the operation in light of the importance of the minerals to their <br /> 333 major issues raised. In particular, when the lead agency's market region as a whole, and not just their importance to <br /> position on the proposed use is at variance with the lead agency's area of jurisdiction. <br /> recommendations and objections raised in the comments, (b) In adopting amendments to the general plan, or <br /> r the written response shall address in detail why specific adopting or amending a specific plan, the lead agency <br /> comments and suggestions were not accepted. shall make written legislative findings as to whether the <br /> (e)Prior to permitting a use which would threaten the future land uses and particular access routes will. be <br /> potential to extract minerals in an area classified by the compatible or incompatible with the continuation of the <br /> State Geologist as an area described in paragraph (3) of surface mining operation, and if they are found to be <br /> subdivision (b) of Section 2761, the lead.agency may incompatible,the findings shall include a statement of the <br /> cause to be prepared an evaluation of the area in order to. reasons why they are to be provided for, notwithstanding <br /> ascertain the significance of the mineral deposit located the importance of the minerals to their market region as a <br /> therein. The results of such evaluation shall, be whole or their previous designation by the board, as the <br /> transmitted to the State Geologist and the board. case may be. <br /> § 2763. (a) If an area is designated by the board as ,(c) Any evaluation of a mineral deposit prepared by a <br /> an area of regional significance, and the lead agency lead agency for the purpose of carrying out this section <br /> either has designated that area in its general plan as shall be transmitted to the State Geologist and the board. <br /> having important minerals.to be protected pursuant to (d)The procedure provided for in this section shall not <br /> subdivision (a) of Section 2762, or otherwise has not yet be undertaken in any area that has been designated <br /> acted pursuant to subdivision (a) of Section 2762; then. pursuant to Article 6 (commencing with Section 2790) if <br /> i� prior to permitting a use which would threaten the mineral .. resource management policies have been <br /> potential to extract minerals in that area, the lead agency established and incorporated in the lead agency's general <br /> shall prepare a statement specifying its reasons for plan in conformance with Article 4 (commencing with <br /> permitting the proposed use, in accordance with the . Section 2755). <br /> requirements set forth in subdivision(d)of Section 2762. <br /> Lead agency land use decisions .involving areas Article 5. Reclamation of Mined Lands and <br /> designated as being of regional significance shall be in the Conduct of Surface Mining Operations <br /> accordance with the lead agency's mineral resource <br /> management policies and shall also, in balancing mineral § 2770. (a) Except as provided in this section, no <br /> values against alternative land uses, consider the person shall conduct surface mining operations unless a <br /> importance of these minerals to their market region as a permit is obtained from, a reclamation plan has been <br /> whole and not just their importance to the lead agency's submitted to and approved by, and financial assurances <br /> area of jurisdiction. for reclamation have been approved by, the lead agency <br /> (b) If an area is designated by the board as an area of for the operation pursuant to this article. <br /> statewide significance, and the lead agency either has (b) Any person with an existing surface mining <br /> designated that area in its general pian as having operation who has vested rights pursuant to Section 2776 <br /> important minerals to be protected pursuant to and who does not have an approved reclamation plan shall <br /> subdivision (a) of Section 2762, or otherwise has not yet submit a reclamation plan to the lead agency not later <br /> acted pursuant to subdivision (a) of Section 2762, then than March 31, 1988. If a reclamation plan application is <br /> prior to permitting a use which would threaten the not on file by March 31, 1988, the continuation of the <br /> potential to extract minerals in that area,the lead agency surface mining operation is prohibited until a reclamation <br /> shall prepare a statement specifying its reasons for plan is submitted to the lead agency. For purposes of this <br /> permitting the proposed use, in accordance with the subdivision, reclamation plans may consist of all or the <br /> requirements set forth in subdivision (d) of Section 2762. appropriate sections of any plans or written agreements <br /> Lead agency land use decisions involving areas previously approved by the- lead agency or another <br /> k F designated as being of statewide significance shall be in agency, together with any additional documents needed <br /> 6 <br /> F <br />