Chapter 9.
Surface Mining and Reclamation Act of 1975
(Excerpts from the Public Resources Code)
Article 4. State Policy for the Reclamation of Mined Lands
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 which are urbanized
or are subject to urban expansion or other irreversible land uses which
would preclude mineral extraction:
(1) Standard metropolitan statistical areas and such 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) Areas containing little or no mineral deposits.
(2) Areas containing significant mineral deposits.
(3) Areas containing mineral deposits, the significance of which requires
further evaluation.
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.
(c) The State Geologist shall transmit the information to the board for
incorporation into the state policy and for
transmittal to lead agencies.
(Added by Stats. 1975, Ch. 1131; Amended by Stats. 1980, Ch. 800. Effective
July 28, 1980; Amended by Stats.
1990, Ch. 1097.)
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.
(Added by Stats. 1975, Ch. 1131; Amended by Stats. 1990, Ch. 1097.)
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.
(Added by Stats. 1980, Ch. 800. Effective July 28, 1980; Amended by Stats.
1990, Ch. 1097.)
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).
(Added by Stats. 1986, Ch. 82.)
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