Section 3650 - Filing of Intent to Appeal(a) Any person filing an appeal to the State Mining and Geology Board (the Board) pursuant to Public Resources Code (PRC) Section 2770 shall, within 15 days of exhausting the right to appeal in accordance with the procedures of the lead agency, file a notice of intent to appeal by submitting the following information: (1) A map indicating the exact location of the surface mining operation, including township and range.(2) A copy of all documents which together were proposed to serve as the reclamation plan or plan amendment and which were submitted to the lead agency for review and approval pursuant to PRC Section 2770.(3) Written statements with supporting documentation indicating the basis for the appellant's challenge of the lead agency's action or inaction regarding the submission of a reclamation plan or plan amendment based on the grounds for an appeal provided for under PRC section 2770(e)(1). (A) failure to act means a lead agency's inaction in processing the reclamation plan through its successive steps as provided for in the lead agency's certified mining ordinance adopted pursuant to PRC Section 2774, and as provided for in PRC Section 2772.1.(B) reasonable time means the time period specified in the lead agency's certified mining ordinance, or that which is mutually agreed upon by the applicant and the lead agency. Where no times are specified in the lead agency's certified mining ordinance, then the interval between successive review steps shall not exceed 60 days.(b) A copy of the notice of intent to appeal shall be sent to the lead agency and the supervisor.(c) Failure to submit all the required, completed documents to the Board within the 15-day filing period will result in an incomplete filing of intent and an automatic rejection of the appeal.Cal. Code Regs. Tit. 14, § 3650
1. New section filed 1-3-89; operative 2-2-89 (Register 89, No. 2).
2. Amendment of first paragraph and new subsections (c)(3)(A)-(B) filed 10-1-2002; operative 10-31-2002 (Register 2002, No. 40).
3. Amendment of section and NOTE filed 3-10-2021; operative 7-1-2021 (Register 2021, No.11). Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20. Note: Authority cited: Sections 2755, 2759 and 2770, Public Resources Code. Reference: Section 2770(e), Public Resources Code.
1. New section filed 1-3-89; operative 2-2-89 (Register 89, No. 2).
2. Amendment of first paragraph and new subsections (c)(3)(A)-(B) filed 10-1-2002; operative 10-31-2002 (Register 2002, No. 40).
3. Amendment of section and Note filed 3-10-2021; operative 7/1/2021 (Register 2021, No. 11). Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.