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<br /> (A) A description of the manner in which These standards shall apply to each mining operation,
<br /> contaminants will be controlled,and mining waste will be but only to the extent that they are consistent with the
<br /> disposed. planned or actual subsequent use or uses of the mining
<br /> (B) A description of the manner in which affected site.
<br /> streambed channels and streambanks will be rehabilitated § 2773.1. (a) Lead agencies shall require financial
<br /> to a condition minimizing erosion and sedimentation will assurances of each surface mining operation to ensure
<br /> occur. reclamation is performed in accordance with the surface
<br /> (9)An assessment of the effect of implementation of mining operation's approved reclamation plan, as follows:
<br /> the reclamation plan on future mining in the area. (1) Financial assurances may take the form of surety
<br /> (101 A statement that the person submitting the bonds, irrevocable letters of credit, trust funds, or other
<br /> reclamation plan accepts responsibility for reclaiming the forms of financial assurances specified by the board
<br /> mined lands in accordance with the reclamation plan. pursuant to subdivision (e), which the lead agency
<br /> (11) Any other information which the lead agency reasonably determines are adequate to perform
<br /> may require by ordinance. reclamation in accordance with the surface mining
<br /> (d) An item of information or a document required operation's approved reclamation plan. `
<br /> pursuant to subdivision(c)that has already been prepared (2) The financial assurances shall remain in effect for
<br /> as part of a permit application for the surface mining the duration of the surface mining operation and any
<br /> operation, or as part of an environmental document additional period until reclamation is completed.
<br /> prepared for the project pursuant to Division 13 (3) The amount of financial assurances required of a ,
<br /> (commencing with Section 21000), may be included in surface mining operation for any one year shall be
<br /> the reclamation plan by reference, if that item of adjusted annually to account for new lands disturbed by
<br /> information or that document is attached to the surface mining operations, inflation, and reclamation of
<br /> reclamation plan when the lead agency submits the lands accomplished in accordance with the approved
<br /> reclamation plan to the director for review. To the extent reclamation plan,
<br /> that the information or document referenced in the (4) The financial assurances shall be made payable to
<br /> reclamation plan is used to meet the requirements of the lead agency and the department. Financial assurances
<br /> subdivision(c),the information or document shall become that were approved by the lead agency prior to January 1,
<br /> part of the reclamation plan and shall be subject to all 1993, and were made payable to the State Geologist shall
<br /> other requirements of this article. be considered payable to the department for purposes of
<br /> (e) Nothing in this section is intended to limit or this chapter. However, if a surface mining operation has
<br /> expand the department's authority or responsibility to received approval of its financial assurances from a public
<br /> review a document in accordance with Division 13 agency other than the lead agency, the lead agency shall
<br /> (commencing with Section 21000). deem those financial assurances adequate for purposes of
<br /> § 2773. (a) The reclamation plan shall be applicable this section, or shall credit them toward fulfillment of the
<br /> to a specific piece of property or properties, shall be financial assurances required by this section, if they are
<br /> based upon the character of the surrounding area and made payable to the public agency, the lead agency, and
<br /> such characteristics of the property as type of the department and otherwise meet the requirements of j
<br /> overburden, soil stability, topography, geology, climate, this section. In any event, if a lead agency and one or 4f
<br /> stream characteristics,and principal mineral commodities, more public agencies exercise jurisdiction over a surface
<br /> and shall establish site-specific criteria for evaluating mining operation,the total amount of financial assurances j
<br /> compliance with the approved reclamation plan,including required by the lead agency and the public agencies for
<br /> topography, revegetation and sediment, and erosion any one year shall not exceed that amount which is
<br /> control, necessary to perform reclamation of lands remaining
<br /> lb) By January 1, 1992, the board shall adopt disturbed. For purposes of this paragraph, a "public
<br /> regulations specifying minimum, verifiable statewide agency" may include a federal agency.
<br /> reclamation standards. Subjects for which standards (b) If the lead agency or the board, following a public
<br /> shall be set include, but shall not be limited to, the hearing, determines that the operator is financially
<br /> following: incapable of performing reclamation in accordance with its
<br /> (1) Wildlife habitat. approved reclamation plan, or has abandoned its surface
<br /> (2) Backfilling, regrading, slope stability, and mining operation without commencing reclamation, either
<br /> recontouring. the lead agency or the director shall do all of the
<br /> (3) Revegetation. following:
<br /> (4) Drainage, diversion structures, waterways, and (1) Notify the operator by personal service or certified
<br /> erosion control. mail that the lead agency or the director intends to take
<br /> (5) Prime and other agricultural land reclamation. appropriate action to forfeit the financial assurances and
<br /> (6) Building, structure, and equipment removal. specify the reasons for so doing.
<br /> (7) Stream protection. (2)Allow the operator 60 days to commence or cause
<br /> (8) Topsoil salvage, maintenance, and redistribution. the commencement of reclamation in accordance with its
<br /> (9) Tailing and mine waste management. approved reclamation plan and require that reclamation be
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