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<br /> (c) Before taking any action pursuant to subdivision days, the board shall assume full authority for reviewing
<br /> (a), the board shall first notify the lead agency of the and approving reclamation plans submitted to the lead
<br /> identified deficiencies, and allows the lead agency 45 agency until the time the lead agency's ordinances are
<br /> days to correct the deficiencies to the satisfaction of the revised in accordance with state policy.
<br /> board. If the lead agency has not corrected the (b) If, upon review of a lead agency's revised
<br /> deficiencies to the satisfaction of the board within the ordinance, the board finds the ordinance is still not in
<br /> 45-day period, the board shall hold a public hearing accordance with state policy, the board shall again
<br /> within the lead agency's area of jurisdiction, upon a 45- communicate the ordinance's deficiencies in writing to the
<br /> day written notice given to the public in at least one lead agency. The lead agency shall have a second 90-
<br /> newspaper of general circulation within the city or day period in which to revise the ordinance and submit it t
<br /> county, and directly mailed to the lead agency and to all to the board for review. If the board again finds that the
<br /> surface mining operators within the lead agency's revised ordinance is not in accordance with state policy or
<br /> jurisdiction who have submitted reports as required by if no revision is submitted, the board shall assume full
<br /> Section 2207. authority for reviewing and approving reclamation plans
<br /> (d)Affected surface mining operators and interested submitted to the lead agency until the time the lead
<br /> persons have the right, at the public hearing, to present agency's ordinances are revised in accordance with state
<br /> oral and written evidence on the matter being considered. policy.
<br /> The board may, at the public hearing, place reasonable (c)-In any jurisdiction in which the lead agency does
<br /> limits on the right of affected surface mining operators not have a certified ordinance, no person shall initiate a
<br /> and interested persons to question and solicit testimony. surface mining operation unless a reclamation pian has
<br /> (e) If, after conducting the public hearing required by been submitted to, and approved by, the board. Any
<br /> subdivision(c),the board decides to take action pursuant reclamation plan, approved by a lead agency under the
<br /> to subdivision (a) the board shall, based on the record of lead agency's ordinance which was not in accordance
<br /> the public hearing, adopt written findings which explain with state policy at the time of approval, shall be subject
<br /> all of the following: to amendment by the board or under the ordinance
<br /> (1) The action to be taken by the board. certified by the board as being in accordance with state
<br /> (2) Why the board decided to take the action. policy.
<br /> (3) Why the action is authorized by, and meets the (d)Reclamation plans approved by the board pursuant
<br /> requirements of, subdivision (a). to this section shall not be subject to modification by the
<br /> In addition, the findings shall address the significant lead agency at a future date but may be amended by the
<br /> issues raised, or written evidence presented, by affected board. Reclamation plans approved by the board shall be
<br /> surface mining operators, interested persons, or the lead remanded to the lead agency upon certification of the lead
<br /> agency. The transcript of testimony and exhibits, agency's ordinance, and the lead agency shall approve the
<br /> together with all papers and requests filed in the reclamation plan as approved by the board, except that a
<br /> proceedings, shall constitute the exclusive record for subsequent amendment as may be agreed upon between
<br /> decision by the board. the operator and the lead agency may be made according
<br />' (f) The lead agency, any affected surface mining to this chapter. No additional public hearing shall be
<br /> operator, or any interested person who has presented oral required prior to the lead agency's approval. Nothing in
<br /> or written evidence at the public hearing before the board this section shall be construed as authorizing the board to
<br /> pursuant to subdivision (d) may obtain review of the issue a permit for the conduct of mining operations.
<br /> board's action taken pursuant to subdivision (a) by filing § 2774.6. (a) On or before March 1, 1995, the
<br /> in the superior court a petition for writ of mandate within department shall submit to the Governor and the
<br /> 30 days following the issuance of the board's decision. Legislature a report, prepared by a qualified consultant,
<br /> Section 1094.5 of the Code of Civil Procedure governs which may include an educational institution, which
<br /> judicial proceedings pursuant to this subdivision, except evaluates the effectiveness of lead agencies and the
<br /> that in every case the court shall exercise its independent department in implementing this chapter and Section
<br /> judgment..lf a petition for a writ of mandate is not filed 2207, and in meeting the intent of the Legislature as set
<br /> within the time limits set by this subdivision, the board's forth in Section 2712. The report shall be prepared to the
<br /> action under subdivision(a)shall not be subject to review extent that funds are appropriated by the Legislature for
<br /> by any court or agency. this purpose. Prior to encumbering any funds for
<br /> § 2774.5. (a) If, upon review of an ordinance, the preparation of the report, the board may conduct a public
<br /> board finds that it is not in accordance with state policy, hearing to receive and respond to public comments
<br /> the board shall communicate the ordinance's deficiencies concerning the scope of issues to be addressed.
<br /> in writing to the lead agency. Upon receipt of the written (b) The report shall include, but is not limited to, an
<br /> communication, the lead agency shall have 90 days to evaluation of all of the following:
<br /> submit a revised ordinance to the board for certification (11 Compliance with this chapter and Section 2207 by
<br /> as being in accordance with state policy. The board shall operators of surface mines, lead agencies, the State
<br /> review the lead agency's revised ordinance for Geologist, the department, and the board.
<br /> certification within 60 days of its receipt. If the lead (2) Compliance with the reclamation requirements
<br /> agency does not submit a revised ordinance within 90 prescribed in Section 2773.
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