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§2773.5. (a) If, upon review of an ordinance, the board finds §2776. No person who has obtained a vested right to conduct that it is not in accordance with state policy, the board shall com- surface mining operations prior to January 1, 1976, shall be re- municate the ordinance's deficiencies in writing to the lead quired to secure a permit pursuant to this chapter as long as the agency. Upon receipt of the written communication, the lead vested right continues and as long as no substantial changes are agency shall have 90 days to submit a revised ordinance to the made in the operation except in accordance with this chapter. A board for certification as being in accordance with state policy. person shall be deemed to have vested rights if, prior to January The board shall review the lead agency's revised ordinance for 1, 1976,he or she has, in good faith and in reliance upon a permit certification within 60 days of its receipt. If the lead agency does or other authorization, if the permit or other authorization was not submit a revised ordinance within 90 days, the board shall required, diligently commenced surface mining operations and assume full authority for reviewing and approving reclamation incurred substantial liabilities for work and materials necessary plans submitted to the lead agency until the time the lead agency's therefor. Expenses incurred in obtaining the enactment of an or- ordinances are revised in accordance with state policy. dinance in relation to a particular operation or the issuance of a (b) If, upon review of a lead agency's revised ordinance, the permit shall not be deemed liabilities for work or materials. board finds the ordinance is still not in accordance with state The reclamation plan required to be filed under subdivision(b) policy, the board shall again communicate the ordinance's defi- of Section 2770,shall apply to operations conducted after January ciencies in writing to the lead agency.The lead agency shall have 1, 1976,or to be conducted. a second 90-day period in which to revise the ordinance and submit Nothing in this chapter shall be construed as requiring the filing it to the board-for review. If the board.again finds that the revised of a reclamation plan for, or the reclamation of, mined lands on ordinance is not in accordance with state policy or if no revision which surface mining operations were conducted prior to January is submitted, the board shall assume full authority for reviewing 1. 1976. and approving reclamation plans submitted to the lead agency until §2777. Amendments to an approved reclamation plan may be the time the lead agency's ordinances are revised in accordance submitted detailing proposed changes from the original plan.Sub- with state policy. stantial deviations from the original plan shall not be undertaken (c) In any jurisdiction in which the lead agency does not have until such amendment has been filed with, and approved by, the a certified ordinance, no person shall initiate a surface mining lead agency. operation unless a reclamation plan has been submitted to, and §2778. Reclamation plans, reports, applications, and other approved by,the board. Any reclamation plan,approved by a lead documents submitted pursuant to this chapter are public records, agency under the lead agency's ordinance which was not in accor- unless it can be demonstrated to the satisfaction of the lead agency dance with state policy at the time of approvA.shall be subject to that the release of such information,or part thereof,would reveal amendment by the board or under the ordinance certified by the production, reserves,or rate of depletion entitled to protection as board as being in accordance with state policy. proprietary information. The lead agency shall identify such pro- d) Reclamation plans approved by the board pursuant to this prietary information as a separate part of the application. Pro- section shall not be subject to modification by the lead agency at prietary information shall be made available only to the State a future date but may be amended by the board.Reclamation plans Geologist and to persons authorized in writing by the operator and approved by the board shall be remanded to the lead agency upon by the owner. certification of the lead agency's ordinance, and the lead agency A copy of all reclamation plans,reports,applications,and other shall approve the reclamation plan as approved by the board, ex- documents submitted pursuant to this chapter shall be furnished cept that a subsequent amendment as may be agreed upon between to the State Geologist by lead agencies on request. the operator and the lead agency may be made according to this §2779. Whenever one operator succeeds to the interest of an- chapter. No additional public hearing shall be required prior to other in any incompleted surface mining operation by sale, as- the lead agency's approval. Nothing in this section shall be con- signment, transfer, conveyance, exchange, or other means, the strued as authorizing the board to issue a permit for the conduct successor shall be bound by the provisions of the approved recla- of mining operations. mation plan and the provisions of this chapter. §2775. (a) An applicant whose request for a permit to conduct surface mining operations in an area of statewide or regional sig- Article 6.Areas of Statewide nificance has been denied by a lead agency,or any person who is or Regional Significance aggrieved by the granting of a permit to conduct surface mining operations in an area of statewide or regional significance, may, §2790. After receipt of mineral information from the State Ge- within 15 days of exhausting his rights to appeal in accordance ologist pursuant to subdivision(c)of Section 2761,the board may with the procedures of the lead agency, appeal to the board. by regulation adopted after a public hearing designate specific (b) The board may,by regulation,establish procedures for de- geographic areas of the state as areas of statewide or regional clining to hear appeals that it determines raise no substantial significance and specify the boundaries thereof.Such designation issues. shall be included as a part of the state policy and shall indicate (c) Appeals that the board does not decline to hear shall be the reason for which the particular area designated is of signifi- scheduled and heard at apublic hearing held within the jurisdiction cane to the state or region, the adverse effects that might result of the lead agency which processed the original application within from premature development of incompatible land uses, the ad- 30 days of the filing of the appeal, or such longer period as may vantages that might be achieved from extraction of the minerals be mutually agreed upon by the board and the person filing the of the area, and the specific goals and policies to protect against appeal. In any such action, the board shall not exercise its inde- the premature incompatible development of the area. pendent judgment on the evidence but shall only determine §2791. The board shall seek the recommendations of con- whether the decision of the lead agency is supported by substantial cerned federal,state,and local agencies,educational institutions, evidence in the light of the whole record. If the board determines civic and public interest organizations, and private organizations the decision of the lead agency is not supported by substantial and individuals in the identification of areas of statewide and re- evidence in the light of the whole record it shall remand the appeal,- gional_significance. to the lead agency and the lead agency shall schedule a public §2792. Neither the designation of an area of regional or state- hearing to reconsider its action. wide significance nor the adoption of any regulations for such an 5