California Code of Regulations
Title 14 - Natural Resources
Division 2 - Department of Conservation
Chapter 8 - Mining and Geology
Subchapter 1 - State Mining and Geology Board
Article 1 - Surface Mining and Reclamation Practice
Section 3504.5 - Conduct of Mine Inspections
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The inspection form, as referenced in Public Resources Code Section 2774(b)(1), is the Surface Mining Inspection Report, form MRRC-1 (2019), which is hereby incorporated by reference. The Notice of Completion of Inspection, as referenced in Public Resources Code Section 2774(b)(1), shall be submitted on form NOCI-1 (2019), which is hereby incorporated by reference.
(b) Mine inspections shall be performed by a qualified lead agency employee who in the determination of the lead agency has demonstrated competence in performing inspections of surface mining operations, or a California state-licensed person as specified in Public Resources Code Section 2774(b)(1). A qualified lead agency employee may include contractors and contract employees. Any person engaged in the practice of geology, engineering, landscape architecture, forestry, or land surveying, in the course of evaluating any aspect or condition of the surface mining operation shall be duly licensed in that practice as required by the Business and Professions Code, Division 3, Chapters 3.5, 7, 12.5, 15 and Public Resources Code, Division 1, Chapter 2.5, Article 3. The mine inspector shall indicate on the Surface Mining Inspection Report, those aspects or conditions that may require evaluation by California state-licensed persons.
(c) Mine inspections shall not be performed by any person who holds a financial interest in or has been employed by the operator of the surface mining operation being inspected in any capacity, including as a consultant, contractor, or contract employee, during the 12 months preceding the mine inspection. A qualified lead agency employee may inspect surface mining operations owned and operated by the lead agency.
(d) Inspectors shall keep on file a current certificate of completion of an inspection workshop beginning July 1, 2020 pursuant to Public Resources Code Section 2774(d)(3). California state-licensed persons who only provide an evaluation of a particular aspect or condition of a surface mining operation requiring licensure may, but are not required to, obtain a certificate of completion of an inspection workshop conducted by the Division of Mine Reclamation.
(e) The Surface Mining Inspection Report may include any other reports or prepared documents by the person conducting the inspection and when necessary any reports or documents prepared by California state-licensed persons or specialists. A copy of the Surface Mining Inspection Report, any other reports or documents, and the Notice of Completion of Inspection shall be forwarded to the Division of Mine Reclamation and the mine operator within 90 days of the date of the inspection. If required, a copy of the Surface Mining Inspection Report and the Notice of Completion of Inspection shall be forwarded to the appropriate Federal entity within 90 days of conduct of the inspection.
1. New section filed 4-7-2003; operative 5-7-2003 (Register 2003, No. 15).
2. Amendment of section heading, section and NOTE filed 7-30-2019; operative 1-1-2020 pursuant to Government Code section 11343.4(b)(2) (Register 2019, No. 31).
Note: Authority cited: Sections 2755 and 2759, Public Resources Code. Reference: Section 2774, Public Resources Code.
