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(2) Other areas as may be requested by the board. (b) In adopting amendments to the general plan,or adopting or
<br /> (b) In accordance with a time schedule,and based upon guide- amending a specific plan,the lead agency shall make written leg-
<br /> lines adopted by the board, the State Geologist shall classify, on islative findings as to whether the future land uses and particular
<br /> the basis solely of geologic factors,and without regard to existing access routes will be compatible or incompatible with the contin-
<br /> land use and land ownership,the areas identified by the Office of uation of the surface mining operation, and if they are found to
<br /> Planning and Research,any area for which classification has been be incompatible,the findings shall include a statement of the rea-
<br /> requested by a petition which has been accepted by the board,or sons why they are to be provided for,notwithstanding the impor-
<br /> any other areas as may be specified by the board, as one of the tance of the minerals to their market region as a whole or their
<br /> following: previous designation by the board,as the case may be.
<br /> (c) Any evaluation of a mineral deposit prepared by a lead
<br /> (1) Areas containing little or no mineral deposits. agency for the purpose of carrying out this section shall be trans-
<br /> (2) Areas containing significant mineral deposits. mitted to the State Geologist and the board.
<br /> (3) Areas containing mineral deposits, the significance of (d) The procedure provided for in.this section shall not be un-
<br /> which requires further evaluation. dertaken in any area that has been designated pursuant to Article
<br /> (c) Asit is completed by county,the State Geologist shall trans- 6 (commencing with Section 2790) if mineral resource manage-
<br /> mit such information to the board for incorporation into the state ment policies have been established and incorporated in the lead
<br /> policy and for transmittal to lead agencies. agency's general plan in conformance with Article 4(commencing
<br /> §2762. (a) Within 12 months of receiving the mineral infor- with Section 2755).
<br /> mation described in Section 2761, and also within 12 months of
<br /> the designation of an area of statewide or regional significance Article 5. Reclamation Plans and
<br /> within itsjurisdicton,every lead agency shall,in accordance with the Conduct of Surface Mining Operations
<br /> state policy,establish mineral resource management policies to be
<br /> incorporated in its general plan which will: §2770. (a) Except as provided in subdivision (b), no person
<br /> (1) Recognize mineral information classified by the State shall conduct surface mining operations unless a permit is obtained
<br /> Geologist and transmitted by the board. from,and a reclamation plan has been submitted to,and approved
<br /> (2) Assist in the management of land use which affect areas by, the lead agency for the operation pursuant to this article.
<br /> of statewide and regional significance. (b) Any person with an existing surface mining operation who
<br /> (3)(3) Emphasize the conservation and development of Iden has vested rights pursuant to Section 2776 and who does not have
<br /> E mineral deposits. an approved reclamation plan shall submit a reclamation plan to
<br /> tifthe lead agency not later than March 31, 1988. If a reclamation
<br /> (b) Every lead agency shall submit proposed mineral resource plan application is not on file by March 31, 1988,the continuation
<br /> management policies to the board for review and comment prior of the surface mining operation is prohibited until a reclamation
<br /> to adoption. plan is submitted to the lead agency. For purposes of this subdi-
<br /> (c) Any subsequent amendment of the mineral resource man- vision, reclamation plans may consist of all or the appropriate
<br /> agement policy previously reviewed by the board shall also require sections of any plans or written agreements previously approved
<br /> review and comment by the board. by the lead agency or another agency,together with any additional
<br /> (d) Prior to permitting a use which would threaten the potential documents needed to substantially meet the requirements of Sec-
<br /> to extract minerals in an area classified by the State Geologist as tions 2772 and 2773 and the lead agency surface mining ordinance
<br /> an area described in paragraph (3) of subdivision (b) of Section adopted pursuant to subdivision(a)of Section 2774,provided that
<br /> 2761, the lead agency may cause to be prepared an evaluation of all documents which together are proposed to serve as the recla-
<br /> the area in order to ascertain the significance of the mineral deposit mation plan are submitted for approval to the lead agency in ac-
<br /> located therein.The results of such evaluation shall be transmitted cordance with this chapter.The lead agency's review of these plans
<br /> to the State Geologist and the board. is limited to whether the plan substantially meets the requirements
<br /> §2763. (a) Lead agency land use decisions involving areas des- of Sections 2772 and 2773 and the lead agency surface mining
<br /> ignated as being of regional significance shall be in accordance ordinance adopted pursuant to subdivision (a) of Section 2774.
<br /> with the lead agency's mineral resource management policies and Plans that are judged to meet the intent of this chapter shall be
<br /> shall also, in balancing mineral values against alternative land approved for the purposes of this chapter. Plans that are judged as
<br /> uses, consider the importance of these minerals to their market not substantially meeting the requirements of Sections 2772 and
<br /> region as a whole and not just their importance to the lead agency's 2773 and the lead agency surface mining ordinance adopted pur-
<br /> area of jurisdiction. suant to subdivision (a) of Section 2774 shall be returned to the
<br /> (b) Lead agency land use decisions involving areas designated operator within 60 days. The operator has 60 days to revise the
<br /> as being of statewide significance shall be in accordance with the plan to address identified deficiencies, at which time the revised
<br /> lead agency's mineral resource management policies and shall plan shall be returned to the lead agency for review and approval.
<br /> also, in balancing mineral values against alternative land uses, Except as specified by subdivision(c), (d),or(f), if plans remain
<br /> consider the importance of the mineral resources to the state and unapproved by July 1, 1990,the continuation of the surface mining
<br /> nation as a whole. operation is prohibited until a reclamation plan is approved by the
<br /> §2764. (a) Upon the request of an operator or other interested lead agency.
<br /> person and payment by the requesting person of the estimated cost (c) Any person who, based on the evidence of the record,car
<br /> of processing the request,the lead agency having jurisdiction shall substantiate that a lead agency has failed to act according to due
<br /> amend its general plan, or prepare a new specific plan or amend process,or has relied on considerations not related to the specific
<br /> any applicable specific plan, that shall, with respect to the con- requirements of Sections 2772 and 2773 and the lead agency sur-
<br /> tinuation of the existing surface mining operation for which the face mining ordinance adopted pursuant to subdivision(a)of Sec-
<br /> request is made, plan for future land uses in the vicinity of, and tion 2774 in reaching a decision to deny approval of a reclamation
<br /> access routes serving,the surface mining operation in light of the plan,or-has failed to act within a reasonable time of receipt of a
<br /> importance of the minerals to their market region as a whole,and completed application, may appeal that action or inaction to the
<br /> not just their importance to the lead agency's area of jurisdiction. board.
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