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to substantially meet the requirements of Sections 2772 application,or,{3}failed to review and approve reclamation
<br /> and 2773 and the lead agency surface mining ordinance plans or financial assurances as required by subdivisions
<br /> adopted pursuant to subdivision (a) of Section 2774, (c) and (d), may appeal that action or inaction oto the
<br /> provided that all documents which together were board,
<br /> proposed to serve as the reclamation plan are submitted {f} The board may decline to hear an appeal if it
<br /> for approval to the lead agency in accordance with this determines that the appeal raises no substantial issues
<br /> chapter. related to, the lead agency's review pursuant to this
<br /> (c) If a person with an existing surface mining section.
<br /> operation has received lead agency approval of its (g) Appeals that the board does not decline to hear
<br /> financial assurances for reclamation prior to January 1, shall be scheduled and heard at a public hearing within 45
<br /> 1991,the lead agency shall administratively review those days of the filing of the appeal, or any longer period as f
<br /> existing financial assurances in accordance with may be mutually agreed upon by the board and the person {{.•JJ
<br /> subdivision (d) prior to January 1, 1992. The review of filing the appeal. In hearing an appeal, the board shall
<br /> existing financial assurances shall not be considered a only determine whether the reclamation plan or the
<br /> project for purposes of Division 13 (commencing with financial assurances substantially meet the applicable
<br /> Section 21000).} Any person with an existing surface requirements of Sections 2772, 2773, 2773.1, and the
<br /> mining operation which does not have financial lead agency surface mining ordinance adopted pursuant to
<br /> assurances that received lead agency approval prior to subdivision la) of Section 2774. A reclamation plan or
<br /> January 1, 1991, shall submit financial assurances for financial assurances determined to meet these
<br /> reclamation for review in accordance with subdivision(d). requirements shall be approved. A reclamation plan or
<br /> (d) The lead agency's review of reclamation plans financial assurances determined not to meet these
<br /> submitted pursuant to subdivision (b) or of financial requirements shall be returned to the person filing the
<br /> assurances pursuant to subdivision (c) is limited to appeal with a notice of deficiencies, who shall be granted,
<br /> whether the plan or the financial assurances substantially once only, a period of 30 days,or a longer period mutually
<br /> meet the applicable requirements of Sections 2772, agreed upon by the operator and the board, to correct the r
<br /> 2773, and 2773.1, and the lead agency surface mining noted deficiencies and submit the revised reclamation plan !(JI
<br /> ordinance adopted pursuant to subdivision (a) of Section or the revised financial assurances to the lead agency for
<br /> 2774, but, in any event, the lead agency shall require review and approval.
<br /> that financial assurances for reclamation be sufficient to (h)(1) Within 90 days of a surface mining operation
<br /> perform reclamation of lands remaining disturbed, becoming idle, as defined in Section 2727.1, the operator
<br /> Reclamation plans or financial assurances determined to shall submit to the lead agency for review and approval,
<br /> substantially meet these requirements shall be approved an interim management plan. The review and approval of
<br /> by the lead agency for purposes of this chapter. an interim management plan shall not be considered a
<br /> Reclamation plans or financial assurances determined not project for purposes of Division 13 (commencing with
<br /> to substantially meet these requirements shall be returned Section 21000). The approved interim management plan
<br /> to the operator within 60 days. The operator has 60 shall be considered an amendment to the surface mining
<br /> days to revise the plan or financial assurances to address operation's approved reclamation plan, for purposes of
<br /> identified deficiencies, at which time the revised plan or this chapter. The.interim management plan shall provide
<br /> financial assurances shall be returned to the lead agency measures the operator will implement to maintain the site
<br /> for review and approval. Except as specified in in compliance with this chapter, including, but not limited
<br /> subdivision le) or (i), unless the operator has filed on or to, all permit conditions.
<br /> before July 1, 1990, an appeal pursuant to subdivision (2)The interim management plan may remain in effect
<br /> (e) with regard to nonapproval of the reclamation plan, or for a period not to exceed five years, at which time the
<br /> has filed on or before .January 1, 1994, an appeal lead agency shall do one of the following:
<br /> pursuant to subdivision (e) with regard to nonapproval of (A) Renew the interim management plan for another
<br /> financial assurances, and that appeal is pending before period not to exceed five years, if the lead agency finds
<br /> the board, the continuation of the surface mining that the surface mining operator has complied fully with
<br /> operation is prohibited until a reclamation plan and the interim management plan.
<br /> financial assurances for reclamation are approved by the (B) Require the surface mining operator to commence
<br /> lead agency. reclamation in accordance with its approved reclamation
<br /> (e) Any person who, based on the evidence of the plan. i
<br /> record, can substantiate that a lead agency has either(1) (3) The financial assurances required by Section ILJ1
<br /> failed to act according to due process or has relied on 2773.1 shall remain in effect during the period that the
<br /> considerations not related to the specific applicable surface mining operation is idle. If the surface mining
<br /> requirements of Sections 2772, 2773, and 2773.1, and operation is still idle after the expiration of its interim
<br /> the lead agency surface mining ordinance adopted management plan, the surface mining operation shall
<br /> pursuant to subdivision (a) of Section 2774, in reaching commence reclamation in accordance with its approved
<br /> a decision to deny approval of a reclamation plan or reclamation plan.
<br /> financial assurances for reclamation, (2) failed to act (4) Within 60 days of the receipt of the interim
<br /> within a reasonable time of receipt of a completed management plan,or a longer period mutually agreed upon
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