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l 0 " other methods approved b the lead agency as appropriate "Wetlands for the purposes of these regulations,the PP Y 9 Y definition of wetlands shall be the same as defined in the for the approved end use. California Fish and Game Code, section 2785,subdivision (b) Where backfilling is required for resource (g) conservation purposes (e.g., agriculture, fish and wildlife NOTE: Authority cited: Sections 2755, 2756 and 2773, habitat, and wildland conservation), fill material shall be Public Resources Code. Reference: Section 2773, Public backfilled to the standards required for the resource Resources Code. conservation use involved. § 3702. Financial Assurances. Lead agencies shall (c)Piles or dumps of mining waste shall be stockpiled require financial assurances for reclamation in accordance in such a manner as to facilitate phased reclamation.They with Public Resources Code section 2773.1 to ensure that shall be segregated from topsoil and topsoil substitutes or reclamation is performed in accordance with the approved growth media salvaged for use in reclamation. reclamation plan and with this article. (d) Final reclaimed fill slopes, including permanent NOTE:Authority cited: Sections 2755, 2773 and 2773.1, piles or dumps of mine waste rock and overburden, shall Public Resources Code. Reference: Sections 2773 and not exceed 2:1 (horizontal:vertical), except when site- 2773.1, Public Resources Code. specific geologic and engineering analysis demonstrate § 3703. Performance Standards for Wildlife Habitat. that the proposed final slope will have a minimum slope Wildlife and wildlife habitat shall be protected in stability factor of safety that is suitable for the proposed accordance with the following standards: end use, and when the proposed final slope can be (a) Rare, threatened or endangered species as listed successfully revegetated. by the California Department of Fish and Game, (California (e)At closure,all fill slopes, including permanent piles Code of Regulations, Title 14, sections 670.2 - 670.5) or or dumps of mine waste and overburden, shall conform the U. S. Fish and Wildlife Service, (50 CFR 17.11 and with the surrounding topography and/or approved end use. 17.12) or species of special concern as listed by the If) Cut slopes, including final highwalls and quarry California Department of Fish and Game in the Special faces,shall have a minimum slope stability factor of safety Animals List, Natural Diversity Data Base, and their that is suitable for the proposed end use and conform with respective habitat, shall be conserved as prescribed by the the surrounding topography and/or approved end use. federal Endangered Species ecies Act of 1973 16 U.S.C. (9) Permanent placement of piles or dumps of mining section 1531 et. seq., and the California Endangered waste and overburden shall not occur within wetlands Species Act, Fish and Game Code section 2050 et seq. If unless mitigation acceptable to the lead agency has been avoidance cannot be achieved through the available proposed to offset wetland impacts and/or lasses. ' alternatives, mitigation shall be proposed in accordance NOTE: Authority cited: Sections 2755, 2756 and 2773, with the provisions of the California Endangered Species Public Resources Code. Reference: Section 2773, Public Act, Fish and Game Code section 2050 et seq., and the Resources Code. federal Endangered Species Act of 1973, 16 U.S.C. § 3705. Performance Standards for Revegetation. section 1531 et seq. Revegetation shall be part of the approved plan, (b) Wildlife habitat shall be established on disturbed unless it is not consistent with the approved end use. land in a condition at least as good as that which existed (a) A vegetative cover suitable for the proposed end before the lands were disturbed by surface mining use and capable of self-regeneration without continued operations, unless the proposed end use precludes its use dependence on irrigation, soil amendments or fertilizer as wildlife habitat or the approved reclamation plan shall be established on disturbed land unless an artificially establishes a different habitat type than that which existed maintained landscape is consistent with the approved prior to mining. reclamation plan. Vegetative cover or density, and (c) Wetland habitat shall be avoided. Any wetland species-richness shall be, where appropriate, sufficient to habitat impacted as a consequence of surface mining stabilize the surface against effects of long-term erosion operations shall be mitigated at a minimum of one to one and shall be similar to naturally occurring habitats in the ratio for wetland habitat acreage and wetland habitat surrounding area. The vegetative density, cover and value. species richness of naturally occurring habitats shall be NOTE: Authority cited: Sections 2755, 2756 and 2773, documented in baseline studies carried out prior to the Public Resources Code. Reference: Section 2773, Public initiation of mining activities. However, for areas that will Resources Code. not be reclaimed to prior conditions, the use of data from § 3704. Performance Standards for Backfilling, reference areas in lieu of baseline site data is permissible. Regrading, Slope Stability, and Recontouring. Backfilling, (b) Test plots conducted simultaneously with mining regrading, slope stabilization, and recontouring shall shall be required to determine the most appropriate conform with the following standards: planting procedures to be followed to ensure successful (a) Where backfilling is proposed for urban uses (e.g., implementation of the proposed revegetation plan. The roads, building sites, or other improvements sensitive to lead agency may waive the requirement to conduct test settlement), the fill material shall be compacted in plots when the success of the proposed revegetation plan accordance with section 7010, Chapter 70 of the Uniform can be documented from experience with similar species Building Code, published by the International Conference and conditions or by relying on competent professional of Building Officials(1991),the local grading ordinance,or 23 !