The removal of post-construction accumulated materials from a responsible public agency-approved, managed, engineered, constructed facility intended for the purpose of water retention or detention, debris retention, or from a flood water conveyance, where the post-extraction condition, capacity or grade of the facility or conveyance does not exceed the as-built approved design specification contained in the approved documents for the facility or conveyance, shall be exempt from the provisions of the Act.
Where a person with vested rights continues surface mining in the same area subsequent to January 1, 1976, he shall obtain an approval of a reclamation plan covering the mined lands disturbed by such subsequent surface mining. In those cases where an overlap exists (in the horizontal and/or vertical sense) between pre- and post-Act mining, the reclamation plan shall call for reclamation proportional to that disturbance caused by the mining after the effective date of the Act.
Cal. Code Regs. Tit. 14, § 3505
2. Amendment adding new subsection (a)(1) designator, new subsection (a)(2), and amendment of NOTE filed 4-11-97; operative 5-11-97 (Register 97, No. 15).
3. Amendment of subsection (a)(2), new subsection (a)(3), and amendment of NOTE filed 9-18-97; operative 10-18-97 (Register 97, No. 38).
Note: Authority cited: Section 2755, Public Resources Code. Reference: Sections 2714, 2758(c) and 2776, Public Resources Code; and 78 Ops.Cal.Atty.Gen. 343 (1995).
2. Amendment adding new subsection (a)(1) designator, new subsection (a)(2), and amendment of Note filed 4-11-97; operative 5-11-97 (Register 97, No. 15).
3. Amendment of subsection (a)(2), new subsection (a)(3), and amendment of Note filed 9-18-97; operative 10-18-97 (Register 97, No. 38).