(a) The local lead agency shall provide at least 30-days prior notice of the public hearing to the operator and the supervisor, in addition to any other provision of its local ordinances.
(b) Where the Board is the lead agency, at least 30-days prior to the hearing date, public notice shall be given as follows:
(1) Mailing the notice to the operator and to the supervisor;
(2) Mailing the notice to any person who requests notice of the hearing;
(3) Mailing the notice to the Board's regular mailing list; and,
(4) Mailing the notice to the city or county jurisdiction within which the surface mining operation is located.
(c) The notice of hearing from the lead agency, or the Board if the Board is the lead agency, shall include the following:
(1) The name of the surface mine operator or agent of record;
(2) Identification of the surface mining operation, and a brief description of the location of the operation by reference to any commonly known landmarks in the area;
(3) A statement that the purpose of the hearing is to determine either the financial capability of the operator to reclaim the mining operation in accordance with the approved reclamation plan or the abandonment of the surface mining operation, or both;
(4) A statement inviting the operator, public agencies, and other interested persons to make statements at the hearing regarding the decision of the lead agency; and,
(5) The time, date, and location of the public hearing.
(d) If the surface mining operation is located wholly or partly on federal land, at least 30-days notice shall also be given to the federal land management entity that has jurisdiction over the surface mining operation.
(e) A 30-day notice shall also be given to any other state or federal governmental entity that holds a bond or other financial assurance guarantee related to the reclamation or remediation of any aspect of the surface mining operation.
Credits
Note: Authority cited: Section 2755, Public Resources Code. Reference: Section 2773.1, Public Resources Code.
1. New section filed 10-3-2002; operative 11-2-2002 (Register 2002, No. 40).
2. Amendment filed 4-29-2021; operative 7-1-2021 (Register 2021, No. 18). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 14, § 3813, 14 CA ADC § 3813
