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 7 - Financial Assurance Cost Estimate Appeal Procedures
Section 3687 - Hearing Procedures-Notice

Universal Citation: 14 CA Code of Regs 3687

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

(a) At least 10 working days prior to the hearing, the Board shall give public notice as follows:

(1) Mailing the notice to the lead agency and to the appellant;

(2) Mailing the notice to any person who requests notice of the appeal or hearing;

(3) Mailing the notice to the Board's regular mailing list, and posting the notice on the Board's website; and

(4) Posting of the notice in a place where notices are customarily placed within the jurisdiction of the lead agency.

(b) The notice of hearing shall include the following:

(1) The name of the appellant;

(2) A summary of the financial assurance cost estimate for reclamation, that was denied or not acted upon by the lead agency, identification of the surface mining operation for which the financial assurance cost estimate for reclamation was provided, a brief description of the location of the surface mining operation by reference to any commonly known landmarks in the area, and a simple location map indicating the general location of the operation;

(3) A statement of the grounds for the appeal;

(4) A statement that the Board may approve or deny approval of the financial assurance cost estimate for reclamation;

(5) A statement that if the Board denies approval of the financial assurance cost estimate, the appellant shall be granted, time to correct the noted deficiencies as provided for in California Code of Regulations section 3690(b);

(6) A statement inviting the appellant, the lead agency, and the public to provide testimony and evidence at the hearing regarding the action or inaction of the lead agency; and

(7) The time, date, and location of the public hearing.

1. New section filed 12-12-91; operative 12-12-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 9).
2. Amendment of section and NOTE filed 11-7-2019; operative 1-1-2020 (Register 2019, No. 45).

Note: Authority cited: Sections 2755, 2759 and 2770, Public Resources Code. Reference: Section 2770, Public Resources Code.

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