§ 2772. — 2772. (Amended by Stats. 2017, Ch. 521, Sec. 35.)

California § 2772.

• Jurisdiction: California
• Code PRC: Public Resources Code - PRC
• Div. 2.: DIVISION 2. GEOLOGY, MINES AND MINING
• Ch. 9.: CHAPTER 9. Surface Mining and Reclamation Act of 1975
• Art. 5.: ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations

Text

(a)
The reclamation plan shall be filed with the lead agency, on a form provided by the lead agency, by any person who owns, leases, or otherwise controls or operates on all or any portion of any mined lands and who plans to conduct surface mining operations on the lands.
(b)
The reclamation plan shall include a chart identifying the page number, chapter, appendix, or other specific location in the reclamation plan where content meeting the requirements, as applicable, of Sections 2772, 2773, and 2773.3 and Article 1 (commencing with Section 3500) and Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of
Regulations, is located.
(c)
The reclamation plan shall include all of the following information and documents:
(1)
The name and address of the operator and the names and addresses of any persons designated by the operator as an agent for the service of process.
(2)
The anticipated quantity and type of minerals for which the surface mining operation is to be conducted.
(3)
The proposed dates for the initiation and termination of the surface mining operation.
(4)
The maximum anticipated depth of the surface mining operation.
(5)
A
reclamation plan map or maps that shall include all of the following:
(A)
Size and legal description of the lands that will be affected by the surface mining operation and the names and addresses of the owners of all surface interests and mineral interests in the lands.
(B)
Clearly defined and accurately drawn property lines, setbacks, and the reclamation plan boundary.
(C)
Existing topography and final topography depicted with contour lines drawn at appropriate intervals for the site’s conditions.
(D)
Detailed geologic description of the area of the surface mining operation.
(E)
Location of
railroads, utility facilities, access roads, temporary roads to be reclaimed, and any roads remaining for the approved end use.
(F)
All maps, diagrams, or calculations that require preparation in accordance with the Professional Engineers Act (Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code), the Geologist and Geophysicist Act (Chapter 12.5 (commencing with Section 7800) of Division 3 of the Business and Professions Code), or the Professional Land Surveyors’ Act (Chapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions Code) shall be prepared by a California-licensed professional, shall include his or her license number and name, and shall bear the signature and seal of the licensee.
(6)
A
description of and a plan for the type of surface mining to be employed and a time schedule that will provide for the completion of surface mining on each segment of the mined lands so that reclamation can be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance by the surface mining operation.
(7)
A description of the proposed use or potential uses of the mined lands after reclamation and evidence that all owners of a possessory interest in the land have been notified of the proposed use or potential uses.
(8)
A description of the manner in which reclamation, adequate for the proposed use or potential uses, will be accomplished, including both of the following:
(A)
A description of the manner in which known contaminants will be controlled and mining waste will be disposed.
(B)
A description of the manner in which affected streambed channels and streambanks will be rehabilitated to a condition that minimizes erosion and sedimentation.
(9)
An assessment of the effect of implementation of the reclamation plan on future mining in the area.
(10)
A statement that the person submitting the reclamation plan accepts responsibility for reclaiming the mined lands in accordance with the reclamation plan.
(11)
Any other information that the lead agency may require by ordinance.
(d)
An item of information or a document required pursuant to subdivision (c) that has already been prepared as part of a permit application for the surface mining operation or as part of an environmental document prepared for the project pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000)) may be included in the reclamation plan by reference, if that item of information or that document is attached to the reclamation plan when the lead agency submits the reclamation plan to the supervisor for review. To the extent the information, document, or component of a document referenced in the reclamation plan is used to meet the requirements of subdivision (c) or Section 2773 or 2773.3, the information, document, or component of a document shall become part of the reclamation plan and shall be subject to all other requirements of this article.
(e)
Nothing in this section is intended to limit or expand the Division of Mine Reclamation’s authority or responsibility to review a document in accordance with the California Environmental Quality Act (Division 13 (commencing with Section 21000)).

Legislative History

Amended by Stats. 2017, Ch. 521, Sec. 35. (SB 809) Effective January 1, 2018.