SECTIONS 2755-2764 - California Statutes

PUBLIC RESOURCES CODE

SECTION 2755-2764

2755. The board shall adopt regulations that establish state policy
for the reclamation of mined lands in accordance with Article 1
(commencing with Section 2710) of this chapter and pursuant to
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code.

2756. State policy shall apply to the conduct of surface mining
operations and shall include, but shall not be limited to, measures
to be employed by lead agencies in specifying grading, backfilling,
resoiling, revegetation, soil compaction, and other reclamation
requirements, and for soil erosion control, water quality and
watershed control, waste disposal, and flood control.

2757. The state policy adopted by the board shall be based upon a
study of the factors that significantly affect the present and future
condition of mined lands, and shall be used as standards by lead
agencies in preparing specific and general plans, including the
conservation and land use elements of the general plan and zoning
ordinances. The state policy shall not include aspects of regulating
surface mining operations which are solely of local concern, and not
of statewide or regional concern, as determined by the board, such
as, but not limited to, hours of operation, noise, dust, fencing, and
purely aesthetic considerations.

2758. Such policy shall include objectives and criteria for all of
the following:
(a) Determining the lead agency pursuant to the provisions of
Section 2771.
(b) The orderly evaluation of reclamation plans.
(c) Determining the circumstances, if any, under which the
approval of a proposed surface mining operation by a lead agency need
not be conditioned on a guarantee assuring reclamation of the mined
lands.

2759. The state policy shall be continuously reviewed and may be
revised. During the formulation or revision of the policy, the board
shall consult with, and carefully evaluate the recommendations of,
the director, any district technical advisory committees, concerned
federal, state, and local agencies, educational institutions, civic
and public interest organizations, and private organizations and
individuals.

2760. The board shall not adopt or revise the state policy, unless
a public hearing is first held respecting its adoption or revision.
At least 30 days prior to the hearing, the board shall give notice of
the hearing by publication pursuant to Section 6061 of the
Government Code.

2761. (a) On or before January 1, 1977, and, as a minimum, after
the completion of each decennial census, the Office of Planning and
Research shall identify portions of the following areas within the
state that are urbanized or are subject to urban expansion or other
irreversible land uses that would preclude mineral extraction:
(1) Standard metropolitan statistical areas and other areas for
which information is readily available.
(2) Other areas as may be requested by the board.
(b) In accordance with a time schedule, and based upon guidelines
adopted by the board, the State Geologist shall classify, on the
basis solely of geologic factors, and without regard to existing land
use and land ownership, the areas identified by the Office of
Planning and Research, any area for which classification has been
requested by a petition which has been accepted by the board, or any
other areas as may be specified by the board, as one of the
following:
(1) An area that contains mineral deposits and is not of regional
or statewide significance.
(2) An area that contains mineral deposits and is of regional or
statewide significance.
(3) Areas containing mineral deposits, the significance of which
requires further evaluation.
(c) The State Geologist shall require the petitioner to pay the
reasonable costs of classifying an area for which classification has
been requested by the petitioner.
(d) The State Geologist shall transmit the information to the
board for incorporation into the state policy and for transmittal to
lead agencies.

2762. (a) Within 12 months of receiving the mineral information
described in Section 2761, and also within 12 months of the
designation of an area of statewide or regional significance within
its jurisdiction, every lead agency shall, in accordance with state
policy, establish mineral resource management policies to be
incorporated in its general plan which will:
(1) Recognize mineral information classified by the State
Geologist and transmitted by the board.
(2) Assist in the management of land use which affect areas of
statewide and regional significance.
(3) Emphasize the conservation and development of identified
mineral deposits.
(b) Every lead agency shall submit proposed mineral resource
management policies to the board for review and comment prior to
adoption.
(c) Any subsequent amendment of the mineral resource management
policy previously reviewed by the board shall also require review and
comment by the board.
(d) If any area is classified by the State Geologist as an area
described in paragraph (2) of subdivision (b) of Section 2761, and
the lead agency either has designated that area in its general plan
as having important minerals to be protected pursuant to subdivision
(a), or otherwise has not yet acted pursuant to subdivision (a), then
prior to permitting a use which would threaten the potential to
extract minerals in that area, the lead agency shall prepare, in
conjunction with preparing any environmental document required by
Division 13 (commencing with Section 21000), or in any event if no
such document is required, a statement specifying its reasons for
permitting the proposed use, and shall forward a copy to the State
Geologist and the board for review.
If the proposed use is subject to the requirements of Division 13
(commencing with Section 21000), the lead agency shall comply with
the public review requirements of that division. Otherwise, the lead
agency shall provide public notice of the availability of its
statement by all of the following:
(1) Publishing the notice at least one time in a newspaper of
general circulation in the area affected by the proposed use.
(2) Directly mailing the notice to owners of property within
one-half mile of the parcel or parcels on which the proposed use is
located as those owners are shown on the latest equalized assessment
role.
The public review period shall not be less than 60 days from the
date of the notice and shall include at least one public hearing. The
lead agency shall evaluate comments received and shall prepare a
written response. The written response shall describe the disposition
of the major issues raised. In particular, when the lead agency's
position on the proposed use is at variance with recommendations and
objections raised in the comments, the written response shall address
in detail why specific comments and suggestions were not accepted.
(e) Prior to permitting a use which would threaten the potential
to extract minerals in an area classified by the State Geologist as
an area described in paragraph (3) of subdivision (b) of Section
2761, the lead agency may cause to be prepared an evaluation of the
area in order to ascertain the significance of the mineral deposit
located therein. The results of such evaluation shall be transmitted
to the State Geologist and the board.

2763. (a) If an area is designated by the board as an area of
regional significance, and the lead agency either has designated that
area in its general plan as having important minerals to be
protected pursuant to subdivision (a) of Section 2762, or otherwise
has not yet acted pursuant to subdivision (a) of Section 2762, then
prior to permitting a use which would threaten the potential to
extract minerals in that area, the lead agency shall prepare a
statement specifying its reasons for permitting the proposed use, in
accordance with the requirements set forth in subdivision (d) of
Section 2762. Lead agency land use decisions involving areas
designated as being of regional significance shall be in accordance
with the lead agency's mineral resource management policies and shall
also, in balancing mineral values against alternative land uses,
consider the importance of these minerals to their market region as a
whole and not just their importance to the lead agency's area of
jurisdiction.
(b) If an area is designated by the board as an area of statewide
significance, and the lead agency either has designated that area in
its general plan as having important minerals to be protected
pursuant to subdivision (a) of Section 2762, or otherwise has not yet
acted pursuant to subdivision (a) of Section 2762, then prior to
permitting a use which would threaten the potential to extract
minerals in that area, the lead agency shall prepare a statement
specifying its reasons for permitting the proposed use, in accordance
with the requirements set forth in subdivision (d) of Section 2762.
Lead agency land use decisions involving areas designated as being of
statewide significance shall be in accordance with the lead agency's
mineral resource management policies and shall also, in balancing
mineral values against alternative land uses, consider the importance
of the mineral resources to the state and nation as a whole.

2764. (a) Upon the request of an operator or other interested
person and payment by the requesting person of the estimated cost of
processing the request, the lead agency having jurisdiction shall
amend its general plan, or prepare a new specific plan or amend any
applicable specific plan, that shall, with respect to the
continuation of the existing surface mining operation for which the
request is made, plan for future land uses in the vicinity of, and
access routes serving, the surface mining operation in light of the
importance of the minerals to their market region as a whole, and not
just their importance to the lead agency's area of jurisdiction.
(b) In adopting amendments to the general plan, or adopting or
amending a specific plan, the lead agency shall make written
legislative findings as to whether the future land uses and
particular access routes will be compatible or incompatible with the
continuation of the surface mining operation, and if they are found
to be incompatible, the findings shall include a statement of the
reasons why they are to be provided for, notwithstanding the
importance of the minerals to their market region as a whole or their
previous designation by the board, as the case may be.
(c) Any evaluation of a mineral deposit prepared by a lead agency
for the purpose of carrying out this section shall be transmitted to
the State Geologist and the board.
(d) The procedure provided for in this section shall not be
undertaken in any area that has been designated pursuant to Article 6
(commencing with Section 2790) if mineral resource management
policies have been established and incorporated in the lead agency's
general plan in conformance with Article 4 (commencing with Section
2755).