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<br /> L t (3) The adequacy of resources needed to carry out plan shall not.be undertaken until such amendment has
<br /> this chapter and Section 2207. been filed with, and approved by,the lead agency.
<br /> (4) The adequacy of information available for § 2778.,(a) Reclamation plans, reports, applications,
<br /> purposes of preparing the report. and other documents submitted pursuant to this chapter
<br /> (5) Any recommended changes to administrative are public records, unless it can be demonstrated to the
<br /> regulations or recommendations for further legislation, satisfaction of the lead agency that the release of that
<br /> § 2775. (a1 An applicant whose request for a permit information, or part thereof, would reveal production,
<br /> to conduct surface mining operations in an afea of reserves, or rate of-depletion entitled to protection as
<br /> statewide or regional significance has been denied by a proprietary information. The-lead agency shall identify i
<br /> lead agency, or any person who is aggrieved by the such proprietary information as a separate part of the ;
<br /> granting of a permit to conduct surface mining operations application. 'Proprietary information shall be made
<br /> in an area of statewide or regional significance, may, available only to the director and to persons authorized in
<br /> within 15 days .of exhausting his rights to appeal in writing by the operator and by the owner.
<br /> accordance with the procedures of the lead agency, (b) A copy of all reclamation plans, reports,
<br /> appeal to the board. applications, and other documents submitted pursuant to
<br /> (b) . The board may, by regulation, establish this chapter shall be furnished to the director by lead
<br /> procedures for declining to hear appeals that it agencies on request.
<br /> determines raise no substantial issues. § 2779. Whenever one operator succeeds to the
<br /> (c) Appeals that the board does not decline to hear interest of another in any incompleted surface mining
<br /> shall be scheduled and heard at a public hearing held operation by sale, assignment, transfer, conveyance,
<br /> within the jurisdiction of the lead agency which exchange, or other means, the successor shall be bound
<br /> processed the original application within 30 days of the by the provisions of the approved reclamation plan and the
<br /> filing of the appeal, or such longer period as may be provisions of this chapter.
<br /> mutually agreed upon by the board and the person filing
<br /> the appeal. In any such action, the board shall not Article 6. Areas of Statewide
<br /> exercise its independent judgment on the evidence butI or Regional Significance
<br /> shall only determine whether the decision of the lead
<br /> agency is supported by substantial evidence in,the light § 2790. After receipt of mineral information from the
<br /> of the whole record. If the board determines the decision State Geologist pursuant to subdivision (c) of Section
<br /> of the lead agency. is not supported by substantial 2761, the board may by regulation adopted after a public
<br /> evidence in the light of the whole record it shall remand hearing designate specific geographic areas of the state as
<br /> the appeal to the lead agency and the lead agency shall areas of statewide or regional significance and specify the
<br /> schedule a public hearing to reconsider its action. boundaries thereof. Such designation shall be included as
<br /> § 2776. No person who has obtained a vested right a part of the state policy and shall indicate the reason for
<br /> to conduct surface mining operations prior to January 1, which the particular area designated is of significance to
<br /> 1976, shall be required to secure a permit.pursuant to the state or region, the adverse effects that might result
<br /> this chapter as long as the.vested right continues and as from premature development of incompatible land uses,
<br /> long as no substantial changes are made in the operation the advantages that might be achieved from extraction of
<br /> except in accordance with this chapter. A person shall the minerals of the area, and the specific goals and
<br /> be deemed to have vested rights if, prior to January 1, policies to protect against the premature incompatible
<br /> 1976, he or she has, in good faith and in reliance upon a development of the area.
<br /> permit or other authorization, if the permit or other § 2791.The board shall seek the recommendations of
<br /> authorization was required,diligently commenced surface concerned federal, state, and local agencies, educational
<br /> mining operations and incurred substantial liabilities for institutions, civic and public interest organizations, and
<br /> work and materials necessary .therefor. .Expenses private organizations and individuals in the identification of
<br /> incurred in obtaining the enactment of an ordinance in areas of statewide and regional significance.
<br /> relation to a particular operation or the issuance of a § 2792. Neither the designation of an area of regional
<br /> permit shall not be deemed liabilities for work or or statewide significance nor the adoption of any
<br /> materials. regulations for such an area shall in any way limit or
<br /> The reclamation ,plan required to be filed under modify the rights of any person to complete any
<br /> subdivision (b)of Section 2770, shall apply to operations development that has been authorized pursuant to Part 2
<br /> conducted after January 1, 1976, or to be conducted. (commencing with Section 11000) of Division 4 of the
<br /> Nothing in this chapter shall be construed as Business and Professions Code, pursuant to the
<br /> requiring the filing of a reclamation plan for, or the Subdivision Map Act (Division 2 [commencing with i
<br /> reclamation of, mined lands on which surface mining Section 664101 of Title 7 of the Government Code), or by
<br /> operations were conducted prior to January 1, 1976. a building permit or other authorization to commence
<br /> § 2777. Amendments to an approved reclamation development, upon which such person relies and has
<br /> plan may be submitted detailing proposed changes from changed his position to his substantial detriment, and,
<br /> the original plan. Substantial deviations from the original which permit or authorization was issued prior to the
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