Section 3653 - Technical Review for Adequacy of Reclamation Plan(a) The Board may consult with the technical staff of the Division of Mine Reclamation for determination of the adequacy of reclamation plans or plan amendments prepared for surface mining operations that are appealed to the Board. Preliminary determination of technical adequacy shall be based on, but shall not be limited to, the following:(1) Substantial compliance with the requirements of PRC Sections 2772, 2772.1, and 2773;(2) Substantial compliance with the requirements of Article 1 (commencing with Section 3500) and Article 9 (commencing with Section 3700) of this subchapter;(3) Substantial compliance with the reclamation provisions of the lead agency's mining ordinance as certified by the Board pursuant to the provisions of PRC Section 2774; and(4) Whether the proposed reclamation plan or plan amendment is technically feasible given the scope of the mining operations.(b) The determination of whether substantial compliance with PRC Sections 2772, 2772.1, and 2773, Title 14 California Code of Regulations (CCR) Sections 3500 et seq. and Sections 3700 et seq., and the Board-certified lead agency surface mining and reclamation ordinance have been met shall be based on whether all elements of these provisions that are necessary to ensure viable, planned reclamation of a particular site are included and are technically feasible so as to satisfy the objectives of the Surface Mining and Reclamation Act of 1975 (SMARA). For example, a description of revegetation efforts might not be necessary for a pit to be used as a landfill, just as a description of final slope angles may not be necessary for a gravel bar skimming operation. In other sites, however, such information may be critical. In all cases, a site visit by the technical staff of the Division of Mine Reclamation shall be made before substantial compliance is determined.Cal. Code Regs. Tit. 14, § 3653
Note: Authority cited: Sections 2755, 2759 and 2770, Public Resources Code. Reference: Sections 2770(e) and 2774, Public Resources Code.
Note: Authority cited: Sections 2755, 2759 and 2770, Public Resources Code. Reference: Sections 2770(e) and 2774, Public Resources Code.
1. New section filed 1-3-89; operative 2-2-89 (Register 89, No. 2).
2. Change without regulatory effect amending subsections (a), (a)(2) and (b) filed 5-1-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 18).
3. Amendment of subsections (a), (a)(2) and (b) filed 10-1-2002; operative 10-31-2002 (Register 2002, No. 40).
4. 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.
5. Change without regulatory effect amending subsections (a) and (b) filed 6-21-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 25).