Laserfiche WebLink
i <br /> by the lead agency and the operator, the lead agency procedures adopted by the lead agency pursuant to <br /> i <br /> shall review and approve the plan in accordance with its Section 2774. If a question arises as to which public i <br /> ordinance adopted pursuant to subdivision {a) of Section agency is the lead agency, any affected public agency, or <br /> 2774, so long as the plan satisfies the requirements of the affected operator, may submit the matter to the board. <br /> this subdivision, and so notify the operator in writing. The board shall notify in writing all affected public <br /> Otherwise, the lead agency shall notify the operator in agencies and operators that the matter has been <br /> writing of any deficiencies in the plan. The operator shall submitted, specifying a date for a public hearing. The <br /> have 30 days, or a longer period mutually agreed upon by. board shall designate the public agency which shall serve <br /> the operator and the lead agency, to submit;:a revised as the lead agency, giving due consideration to the <br /> plan.. capability of the agency to fulfill adequately the <br /> (5) The lead agency shall approve or deny approval requirements of this chapter and to an examination of <br /> of the revised interim management plan within 60 days which of the public agencies has principal permit <br /> of receipt. If the lead agency denies approval of the responsibility. <br /> revised interim management plan, the operator may § 2772. (a) The reclamation plan shall be filed with <br /> appeal that action to the lead agency's governing body, the lead agency, on a form provided by the lead agency, <br /> which shall schedule a public hearing within 45 days of by any person who owns, leases, or otherwise controls or <br /> the filing of the appeal, or any longer period mutually operates on all, or any portion of any, mined lands, and <br /> agreed upon by the operator and the governing body. . who plans to conduct surface mining operations on the <br /> (6) Unless review of an interim management plan is lands. <br /> pending before.the lead agency, or an appeal is pending (b)All documentation for the reclamation plan shall be <br /> before the lead agency's-governing body, a surface submitted by the lead agency to the department at one <br /> mining operation which remains idle for over one year time. <br /> after becoming idle as defined in Section 2727.1 without (c) The reclamation plan shall include all of the <br /> obtaining approval of an interim management'plan shall following information and documents: <br /> be considered abandoned and the operator shall (1) The name and address of the surface mining <br /> commence and complete reclamation in accordance with operator and the names and addresses of any persons <br /> the approved reclamation plan. designated by the operator as an agent for the service of <br /> I' (i) Any enforcement action which may be brought process. <br /> k <br /> against a surface mining operation for operating without (2) The anticipated quantity and type of minerals for <br /> an approved reclamation plan, financial assurance, or which the surface mining operation is to be conducted. <br /> interim management plan, shall be held in abeyance (3) The proposed dates for the initiation and <br /> pending review pursuant to subdivision (b), (c),(d), or(h) termination of surface mining operation. <br /> or the resolution of an appeal filed with the board (4) The maximum anticipated depth of the surface <br /> pursuant to subdivision (e), or with a lead agency mining operation. <br /> governing body pursuant to subdivision (h). (5)The size and legal description of the lands that will <br /> § 2770.5. Whenever surface mining operations are be affected by the surface mining operation, a map that <br /> proposed in the 100-year flood plain for any stream, as includes the boundaries and topographic details of the <br /> shown in Zone A of Flood Insurance Rate Maps issued by lands, a description of the general geology of the area, a <br /> the Federal Emergency Management Agency, and within detailed description of the geology of the area in which <br /> one mile, upstream or downstream, of any state highway surface mining is to be conducted, 'the location of all <br /> bridge, the lead agency receiving the application for the streams, roads, railroads, and utility facilities within, or <br /> issuance or renewal of a permit to conduct the surface adjacent to, the lands,the location of all proposed access <br /> I mining operations shall notify the Department of roads to be constructed in conducting the surface mining <br /> Transportation that the application has been received.. operation, and the names and addresses of the owners of <br /> The Department of Transportation shall have a period of all surface interests and mineral interests in the lands. <br /> not more than 45 days to review and comment on the (6) A description of, and a plan for, the type of <br /> proposed surface mining operations with respect to any surface mining to be employed, and a time schedule that <br /> potential damage to the state highway bridge from the will provide for the completion of surface mining on each <br /> - proposed surface mining operations. The lead agency segment of the mined lands so that reclamation can be <br /> shall not issue or renew the permit until the Department initiated at the earliest possible time on those portions of <br /> (-- of Transportation has submitted its comments or until 45 the mined lands that will not be subject to further <br /> i¢ days from the date the application for the permit was disturbance by the surface mining operation. <br /> submitted, whichever occurs first. (7)A description of the proposed use or potential uses <br /> i § 2771. Whenever a proposed or existing surface of the mined lands after reclamation and evidence that all <br /> mining operation is within the jurisdiction of two or more owners of a possessory interest in the land have been <br /> public agencies, is a permitted use within-the agencies, notified of the proposed use or potential uses. <br /> and is not separated by a natural or manmade barrier (8) A description of the manner in which reclamation, <br /> coinciding with the boundary of the agencies, the adequate for the proposed use or potential uses will be <br /> evaluation of the proposed or existing operation shall be accomplished, including both of the following: <br /> made by the lead agency in accordance with the <br /> 8 <br />