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n State of California t0/7i � I 0?001 The Resources Agency ��,iy � MEMORANDUM ik o r lc: P'0 err- Cc `�li ator t P �- Date: „ugust 31 , 2001 Resources Agency Ms, Jennifer Jolley Community Development Department San Joaquin County 1810 Eas` Hazelton Avenue Stockton,, CA 95205 From: Department of Conser/ation Office of Governmental and Environmental Relations f Subject: Negative Declaration for the Noceti Farms Soil Excavation Pre ect (QX-01-1) - SCH 92001082038 The Department of Conservation's Office of Mine Reclamation (OMR) has reviewed the Neg_tj've Declaration for the referenced project. The OMR provides statewide administration of the 19-75 Surface Minina and Reclamation Act (SMARA). We i offer the following comments on the project with respect to mine reclamation. ' The negative deciaration reviewed does not indicate how the excavated material will be used. If the mater=ial is to be used for commercial purposes, the project is a considered a mine under the Surface Mining and Reclamation Act and the regulations of the State ��Ji,ning and Geology Board (specifically, California Code of Regulations 3505173). Environmental documents, a reclamation plan and financial assurances would be required. Untif the cperation is certified reclaimed by the lead agency, an annual inspection by the lead agency and an annual report by the operation would also be required. However, SMARA does permit the Mining and Geology Board to grant i exemptions for pro}ects that are "of an infrequent nature and which involve only minor disturbances" (Public Resources Code 2714f). The Board has granted exemption in the past to similar kir-.Js of projects as the one under consideration. if the applicant I vie shes to see'< an exemption, the State Mining and Geology Board should be contacted directly. You may contact the Board by calling (916) 322-1082. If the exca%.atiLn quailfies under SiNIARA as a mine and does not qualify for an exemption by the SOarC', a reclamation plan must be prepared for t;he proposed mining operation. The plan must meet the minimum requirements of SMARA and the State Mining and Geology Board's regulations for surface mining and reclamation practice.