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 11 - Financial Assurance Mechanisms
Section 3805.5 - Modification or Release of Financial Assurance
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Prior to the modification of a financial assurance amount, or to the release of the financial assurance instrument to which both the lead agency and the Department of Conservation are co-beneficiaries under Public Resources Code section 2773.1, the lead agency shall provide to the supervisor of the Division of Mine Reclamation the following documents at one time:
(b) The supervisor shall have 45 days from the date of receipt of the documents to review and comment on them as provided for in Public Resources Code section 2774.3, and to conduct the supervisor's own inspection of the surface mining operation if the supervisor determines it necessary under Public Resources Code section 2774.1, and do one of the following:
(c) If a violation by the surface mining operation is confirmed by an inspection either by the lead agency or by the supervisor, then the lead agency, or the supervisor, may take actions under Public Resources Code section 2774.1 to ensure that the violation is corrected. In any event, the financial assurance shall not be released until the violation is corrected.
(d) Prior to sending written notification and release of financial assurances as provided under Public Resources Code section 2773.1, the lead agency shall obtain written concurrence of the supervisor that the completion of reclamation of the mined land disturbed by the surface mining operation is in accordance with the requirements of the lead agency-approved reclamation plan.
(e) If a violation of the Surface Mining and Reclamation Act of 1975 or of the approved reclamation plan is confirmed by the inspection, and the lead agency does not take action under Public Resources Code section 2774.1 to ensure that the violation is corrected or take action under Public Resources Code section 2773.1 for forfeiture of the financial assurance, then the supervisor may refer the matter to the board for further action under Public Resources Code section 2774.4.
Note: Authority cited: Section 2755, Public Resources Code. Reference: Sections 2729, 2731, 2733, 2735, 2773.1, 2774 and 2774.1, Public Resources Code.
Note: Authority cited: Section 2755, Public Resources Code. Reference: Sections 2729, 2731, 2733, 2735, 2773.1, 2774 and 2774.1, Public Resources Code.