Section 3691.7 - Hearing Procedures-Notice(a) At least 15 working days prior to the hearing, the Board shall give public notice as follows: (1) Mailing the notice to the lead agency, the Division, and the operator;(2) Mailing the notice to any other public agency or agencies exercising jurisdiction over the surface mining operation, if applicable;(3) Mailing the notice to any person who requests notice of the appeal or hearing;(4) Mailing the notice to the Board's regular mailing list; and(5) Posting of the notice in a place where notices are customarily placed within the jurisdiction of the lead agency.(b) The notice of hearing shall include the following:(1) Identification of the surface mining operation along with a summary of the financial assurance cost estimate for reclamation that was approved by the lead agency, a brief description of the location of the surface mining operation by reference to any commonly known landmarks in the area, and a simple location map indicating the general location of the operation;(2) A summary statement of the Division's grounds for the appeal of the lead agency approved financial assurance cost estimate;(3) A statement that the Board may uphold the lead agency's approval of the financial assurance cost estimate or deny approval of the financial assurance cost estimate for reclamation;(4) A statement that if the Board denies approval of the financial assurance cost estimate, the disapproved financial assurance cost estimate shall be returned to the mine operator who shall be granted, once only, a period of 30 days, or a longer reasonable period mutually agreed upon by the operator, Division, and the Board, to correct the noted deficiencies consistent with the Board's determination and submit the revised financial assurance cost estimate to the lead agency for approval, and to the Division, the Board, and any other public agency or agencies exercising jurisdiction over the surface mining operation, if applicable, for review;(5) A statement inviting the Division, the lead agency, any other public agency or agencies exercising jurisdiction over the surface mining operation, if applicable, the operator, and the public to provide testimony and evidence at the hearing regarding the lead agency's approval of the financial assurance cost estimate; and(6) The time, date, and location of the public hearing.Cal. Code Regs. Tit. 14, § 3691.7
1. New section filed 11-7-2019; operative 1-1-2020 (Register 2019, No. 45). Note: Authority cited: Sections 2755, 2759 and 2770, Public Resources Code. Reference: Section 2770, Public Resources Code.
1. New section filed 11-7-2019; operative 1/1/2020 (Register 2019, No. 45).