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 5 - Reclamation Plan Appeals
Section 3652 - Administrative Record

Universal Citation: 14 CA Code of Regs 3652

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Once the appellant has been notified that a determination has been made that an appeal is within the jurisdiction of the Board for purposes of hearing the appeal, the appellant shall submit to the board within 30 days of receipt of notification, 3 copies of the lead agency's administrative record certified by the lead agency as being a complete record of the following documents regarding the appellant's reclamation plan or plan amendment, which shall include all of the following information:

(1) All documents which together are proposed to serve as the reclamation plan or plan amendment and which were submitted to the lead agency for review and approval pursuant to PRC Section 2770;

(2) Location and site description maps submitted to the lead agency as part of the reclamation plan or plan amendment application;

(3) Environmental documentation prepared pursuant to the provisions of the California Environmental Quality Act (CEQA), PRC Sections 21000 et seq., including conditions added for mitigation of environmental impacts, if any;

(4) A copy of the lead agency's certified mining ordinance under which the reclamation plan or plan amendment may have been judged pursuant to PRC Section 2770;

(5) All reports, findings, communications, correspondence, and statements in the file of the lead agency relating to the proposed reclamation plan or plan amendment, including any comments by the supervisor that were submitted pursuant to PRC Section 2772.1; and

(6) Written transcripts of all public hearings related to the lead agency review for approval of the reclamation plan or plan amendment pursuant to PRC Section 2770.

(b) Should the lead agency choose not to complete an environmental review of the project pursuant to the provisions of CEQA, or should the Board deem such review inadequate under the provisions of CEQA, the record will not be considered complete until an adequate CEQA review is completed.

(1) In those instances, in which the Board is the CEQA lead agency, the Board shall be responsible for the preparation of new or supplemental environmental documents.

(2) Pursuant to PRC Section 21089, the project proponent shall bear any costs relating to preparation and completion of any required environmental documents.

(c) Failure of the appellant to request in writing the administrative record from the lead agency within 10 days of receiving notification of the Board's acceptance of the appeal shall be grounds for dismissal of the appeal.

(d) If the appellant is unable to obtain the administrative record from the lead agency within 15 days, the appellant shall notify the Board in writing and the Board shall require the lead agency to immediately submit 3 certified copies of the administrative record to the Board for purposes of hearing the appeal.

(e) Failure of the lead agency to produce the administrative record upon request of the Board within 30 days shall be grounds for Board action based on information provided solely by the appellant.

(f) Following production of the administrative record by the lead agency, failure of the appellant to produce the administrative record upon the request of the Board within 10 days shall be grounds for dismissal of the appeal.

1. New section filed 1-3-89; operative 2-2-89 (Register 89, No. 2).
2. Amendment filed 10-1-2002; operative 10-31-2002 (Register 2002, No. 40).
3. Amendment of section and NOTE filed 3-10-2021; operative 7-1-2021 (Register 2021, No. 11). Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.

Note: Authority cited: Sections 2755, 2759 and 2770, Public Resources Code. Reference: Sections 2770(e) and 21000 et seq., Public Resources Code; and Section 15000 et seq., California Code of Regulations.

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