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<br /> (d) The board may decline to hear an appeal if it determines (e) The size and legal description of the lands that will be
<br /> that the appeal raises no substantial issues related to the lead agen- affected by such operation. a map that includes the boundaries
<br /> cy's review pursuant to this section. and topographic details of such lands,a description of the general
<br /> (e) Appeals that the board does not decline to hear shall be geology of the area, a detailed description of the geology of the
<br /> scheduled and heard at a public hearing within 45 days of the area in which surface mining is to be conducted. the location of
<br /> filing of the appeal, or any longer period as may be mutually all streams, roads, railroads, and utility facilities within, or ad-
<br /> agreed upon by the board and the person filing the appeal. In jacent to, such lands, the location of all proposed access roads to
<br /> hearing an appeal, the board shall only determine whether the be constructed in conducting such operation, and the names and
<br /> plan substantially meets the requirements of Sections 2772 and addresses of the owners of all surface and mineral interests of such
<br /> 2773 and the lead agency surface mining ordinance adopted pur- lands.
<br /> suant to subdivision (a) of Section 2774. A plan judged to meet (f) A description of and plan for the type of surface mining to
<br /> these requirements shall be approved. A plan judged not to meet be employed and a time schedule that will provide for the com-
<br /> these requirements shall be returned to the person filing the appeal pletion of surface mining on each segment of the mined lands so
<br /> with a notice of deficiencies, who shall be granted, once only, a that reclamation can be initiated at the earliest possible time on
<br /> period of 30 days to correct the noted deficiencies and submit the those portions of the mined lands that will not be subject to further
<br /> revised plan to the lead agency for review and approval. disturbance by the surface mining operation.
<br /> (f) Any enforcement action which may be brought against an (g) A description of the proposed use or potential uses of the
<br /> operator with vested rights pursuant to Section 2776 shall be held land after reclamation and evidence that all owners of a possessory
<br /> in abeyance pending action on an application pursuant to subdi- interest in the land have been notified of the proposed use or
<br /> vision(b)or the resolution of an appeal filed with the board pur- potential uses.
<br /> suant to subdivision(c). (h) A description of the manner in which reclamation,adequate
<br /> §2770.5. Whenever surface mining operations are proposed in for the proposed use or potential uses will be accomplished.
<br /> the 100-year flood plain for any stream, as shown in Zone A of including:
<br /> Flood Insurance Rate Maps issued by the Federal Emergency Man- (1) a description of the manner in which contaminants will
<br /> agement Agency, and within one mile, upstream or downstream, be controlled, and mining waste will be disposed;and
<br /> of any state highway bridge, the lead agency receiving the appli- (2) a description of the manner in which rehabilitation of
<br /> cation for the issuance or renewal of a permit to conduct the surface affected streambed channels and streambanks to a condition
<br /> mining operations shall notify the Department of Transportation minimizing erosion and sedimentation will occur.
<br /> that the application has been received.The Department of Trans-
<br /> portation shall have a period of not more than 45 days to review (i) An assessment of the effect of implementation of the recla-
<br /> and comment on the proposed surface mining opera.:ons with mation plan on future mining in the area.
<br /> respect to any potential damage to the state highway bridge from 0) A statement that the person submitting the pla. ac.%,pts re-
<br /> the proposed surface mining operations.The lead agency shall not sponsibility for reclaiming the mined lands in accordance v.ith the
<br /> issue or renew the permit until the Department of Transportation reclamation plan.
<br /> has submitted its comments or until 45 days from the date the (k) Any other information which the lead agency may require
<br /> application for the permit was submitted,which ever occurs first. by ordinance.
<br /> §2771. Whenever a proposed surface mining operation is §2773. The reclamation plan shall be applicable to a specific
<br /> within the jurisdiction of two or more public agencies, is a per- piece of property or properties,and shall be based upon the char-
<br /> mitted use within the agencies, and is not separated by a natural acter of the surrounding area and such characteristics of the prop-
<br /> or manmade barrier coinciding with the boundary of the agencies, erty as type of overburden, soil stability, topography, geology,
<br /> the evaluation of the proposed operation shall be made by the lead climate,stream characteristics,and principal mineral commodities.
<br /> agency in accordance with the procedures adopted by the lead §2774. (a) Every lead agency shall adopt ordinances in accor-
<br /> agency pursuant to Section 2774. In the event that a dispute arises dance with state policy which establish procedures for the review
<br /> as to which public agency is the lead agency, any public agency and approval of reclamation plans and the issuance of a permit to
<br /> which is a party to the dispute may submit the matter to the board; conduct surface mining operations, except that any lead agency
<br /> and the board shall designate the public agency which shall serve without an active surface mining operation in its jurisdiction may
<br /> as the.lead agency, giving due consideration to the capability of defer adopting an implementing ordinance until the filing of a
<br /> such agency to fulfill adequately the requirements of this chapter permit application.Such reclamation and permit ordinances shall
<br /> and to an examination of which of the public agencies has principal establish procedures requiring at least one public hearing and
<br /> permit responsibility. periodic inspections of surface mining operations, and may in-
<br /> §2772. The reclamation plan shall be filed with the lead agency elude provisions for liens,surety bonds,or other security to guar-
<br /> on a form provided by the lead agency, by any person who owns, antee reclamation in accordance with the reclamation plan. Such
<br /> leases,or otherwise controls or operates on all,or any portion of ordinances shall be periodically reviewed by the lead agency and
<br /> any, mined lands. and who plans to conduct surface mining op- revised, as necessary, in order to ensure that the ordinances con-
<br /> erations thereon. tinue to be in accordance with state policy.
<br /> The reclamation plan shall include the following information (b) Lead agencies shall notify the State Geologist of the filing
<br /> and documents: of an application for a permit to conduct surface mining operations.
<br /> (a) The name and address of the operator and the names and (c) On request of a lead agency,the State Geologist shall furnish
<br /> addresses of any persons designated by him as his agents for the technical assistance to assist in the review of reclamation plans.
<br /> service of process. §2774.3. The board shall review lead agency ordinances which
<br /> (b) The anticipated quantity and type of minerals for which the establish permit and reclamation procedures to determine whether
<br /> surface mining operation is to be conducted. each ordinance is in accordance with state policy,and shall certify
<br /> (c) The proposed dates for the initiation and termination of such the ordinance as being in accordance with state policy if it ade-
<br /> operation. quately meets, or imposes requirements more stringent than, the
<br /> (d) The maximum anticipated depth of the surface mining California surface mining and reclamation policies and proce-
<br /> operation. dures established by the board pursuant to this chapter.
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