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 3690 - Hearing Procedures-Determination
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Following the public hearing, the Board shall determine whether, based on the record before it, the proposed or existing financial assurance cost estimate for reclamation is sufficient to complete reclamation in accordance with the approved reclamation plan and/or plan amendment pursuant to the applicable requirements of Public Resources Code sections 2770, 2773.1, 2773.4, Article 11 (commencing with section 3800) of this subchapter, the Board's financial assurance guidelines, and the lead agency surface mining ordinance adopted pursuant to subdivision (a) of section 2774. Financial assurance cost estimates determined to meet these requirements shall be approved by the Board. Notification of the Board's determination shall be made by certified mail to the appellant and the lead agency within 10 days following the regular business meeting of the Board at which the decision was made. Notification of the Board's determination shall also be made by regular mail or electronic mail to the Division and any other public agency or agencies exercising jurisdiction over the surface mining operation, if applicable, within 10 days following the regular business meeting of the Board at which the decision was made.
(b) In a case where the financial assurance cost estimate for reclamation is not approved, deficiencies shall be noted in the correspondence notifying the appellant and the lead agency of the Board's decision. The appellant shall be granted, once only, a period of 30 days, or a longer period mutually agreed upon by the appellant and the Board, to correct the noted deficiencies and submit the revised financial assurance cost estimate for reclamation to the lead agency for review and approval. The lead agency shall provide notice to the Division of the approved revised financial assurance cost estimate within 5 days of approval.
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: Sections 2770 and 2774, Public Resources Code.
