HomeMy WebLinkAboutBOARD OF SUPERVISORS+ r , JANE DC-,%-Chg+r
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•• O,. •••• • ��•� "' • ' HASKEL A. McINTURF - a
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YADMINISTRATION.CENTER '
+t : •.Il',i:+: KEVIN CAMPBELL
• ��� :{� ;:y; 25 COUNTY,.CENTER DRIVE--'OROVILL'E,'CALIFORNIA 95965 r_. r ,Third District • '
O•�' L;O>�•••• TELEPHONE: (916) 538-7224 ED McLAUGHLIN
�, •••■•• Fourth District `
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March 6, .1991 ;*' • F.
LEN FULTON
Filch District -
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Mr•. Louis Camenzind, Jr.
2194 Oroville-Chico Hwy.,
to
Durham, CA x'95938 ,• ti,
. I..Dear Mr. Camenzind:
S Yr
On February 26., '1991 the Board of Supervisors -appointed you G
-to serve as.a member of the Surface Min'ing..A'49regateL Operations
' Committee: Please be, advised. your term 'of, office will egpi`r_e_'on
December 31,'1994. ,
'The Board of Supervisors has askyd that I convey to':you their
appreciation, -for your willingness to serve.'Ehe..people ,of Butte'
County"in this appointive capacity. I would like --to thank you for
j
acceptirig, this appointment and go -on reco'rd�assuring you,=that your.
service ''to your fellow citizens is recognized, and appreciated..
Very tru yours,
, - Ja a Dolan, Chair .a ;
• t' Bo rd of Supervisors, .
JD/CR/jb f
ti cc: Elections
ncumbentj
Surface Mining Aggregate Operations Committee `=
BUTTE COUNTY (For Action 1, 2, 3)
Public Works Dept, (For I rmation {/ )
Director
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BOARO OF SURERVISORS
ADMINISTRATION CENTER -
25 COUNTY CENTER DRIVE — OROVILLE, CALIFORNIA 95965
TELEPHONE: (916) 538-7224
March 6, 1991
JANE DO AN,,_Cha4#
Second District
HASKEL A. MCINTURF
First District
KEVIN CAMPBELL
Third District
ED McLAUGHLIN
Fourth District
LEN FULTON
Fifth District
Mr. Fred Jackson
732 Cherry St eet
Chico, CA 95,28
Dear M a on:\
rch 5, 1991 the Board of Supervisors appointed you to
serve as a member of -the Surface Mining Aggregate Operations _
Committee. Please be advised your term of office will expire on.
December 31, 1994.
The Board of Supervisors has asked that I convey to you their
appreciation for your willingness to serve the people of Butte
County in this appointive capacity. I would like to thank you for
accepting this appointment and go on. record assuring you that your
service to your fellow citizens is recognized and appreciated.
Ve tru .yours,
Dolan, Chair .
:of Supervisors
JD/CR/jb
cc: Elections"
(Incumbent)
,surface Mining Aggregate Operations Committee
SURFACE MINING OPERATIONS
ANNUAL REPORTING REQUIREMENTS & REPORTING FEE
Section 2207 of the Public Resources Code was amended by Assembly
Bill 3551 (Sher - 1990 Statutes) and Assembly Bill 3903 (Sher -
1990 Statutes) to read:
42207. (a) The owner, lessor, lessee, agent, manager, or other person in charge of any mining operation
of whatever kind or character within the state shall forward to the State Geologist not later than July 1,
1991, and every year thereafter not later than an anniversary date established by the State Geologist, upon
form which will be furnished by the board, a report which identifies all of the following:
(1) The nose, address, and telephone number of the person, coup", or other owner of the mining
operation.
(2) The nems, address, and telephone number of a designated agent who resides in this state, and who will
receive and accept service of all orders, notices, and processes of the lead agency, board, State Geologist,
or court.
(3) The location of the mining operation, its nems, and starting with the 1992 report, its mine number as
issued by the Burew of Minas or the State Geologist, its section, township, range, latitude, longitude, and
approximate boundaries of the mining operation marked an a United States Geological Survey 7 -minute or
15 -minute quadrangle map.
(4) The lead agency.
(5) The approval dote of the mining operation's reclamation plan.
(6) The mining operation's status as active, idle, reclaimed, or in the process of being reclaimed.
(7) The commodities produced by the mine and the type of mining operation.
(8) Proof of anruul inspection by the lead agency, starting with the 1992 report.
(9) Proof of fineneiat assurances, starting with the 1992 report.
(10) Ownership of the property, including government agencies, if applicable, by the assessor's parcel
number, and total assessed value of the mining operation.
(11) The approximate permitted size of the mining operation subject to Chapter 9 (commencing with Section
2710), in acres.
(12) The approximate total acreage of lad newly disturbed by the mining operation during the previous
calendar year.
(13) The approximate total of disturbed acreage reclaimed during the previous calendar year.
(14) The approximate total unreclaimed disturbed &creep remaining as of the and of the calendar year.
(15) The total production for each minaret commodity produced during the previous year.
(16) A copy of any approved reclamation plan and any amendments or conditions of approval to any existing
reclamation plan approved by the toad agency.
(b) The person submitting the report pursuant to subdivision (a) shall forward to the lead agency; as
defined in Section 2728, not later than July 1, 1991, and awry year thereafter not later than the
anniversary date established by the State Geologist, upon forms which will be furnished by the board, a
report which provides alt of the information specified in paragraphs (1) to (14), inclusive, of subdivision
(a).
(c) Subsequent reports shall include only changes in the information submitted for the items described
in subdivision (a), except that, instead of the approved reclamation plan, the reports shall include any
reclamation plan amendments approved during the previous year. The reports shall state whether an appesl is
pending in the case of a surface mining operator with vested rights under subdivision (b) of Section 2770,
review of existing financial assurances pursuant to subdivision (c) of Section 2770 is pending, or an appeal
is pending under subdivision (e) or (h) of Section 2770. The State Geologist shall notify the person
submitting the report and the owner's designated agent in writing that the report and the fee required
pursuant to subdivision (b) have been received, specify the anniversary date by which the mining operation
shall submit reports subsequent to 1991, specify the mining operations mine number if one has not been
issued by the Bureau of Mines, and notify the person and agent of any deficiencies in the report within 90
days of receipt. That person or agent shalt have 30 days from receipt of the notification to correct the
noted deficiencies and forward the revised reports to the State Geologist and the lead agency. Any person
who fails to comply with this section, or knowingly provides incorrect or fat" information in reports
required by this section, may be subject to an administrative penalty as provided in subdivision (c) of
Section 2774.1.
(d) (1) The board shall impose, by reputations adopted by May 1, 1991, pursuant to paragraph (2), an
annual reporting fee on, and method for collecting aural fees from, each active or We mining operation.
The maximum fee for any single mining operation shalt not exceed two thoumiarnd dollars (52,000) annually and
shall not be less than fifty dollars ($50) annually.
(2) The board shall adopt, by emergency regulations, a schedule of fees authorized under paragraph (1).
In establishing the schedule of fees to be paid by each active and idle mining operation, the fees shall be
calculated an an equitable basis reflecting the size and type of operation. The board shall also consider
the total assessed value of the mining operation, the acreage disturbed by mining activities, and the
acreage subject to the reclamation plan. For fiscal year 1991-92, the total revenue generated by the
reporting fees established pursuant to paragraph (1) shall not exceed one million one hundred thirty-two
thousand dollars ($1,132,000), which shall be adjusted in fiscal years 1992-93 and 1993-94 to reflect
s
increases in the cost of living, as measured by the United States Department of Labor Consumer Price Index,
Beginning in fiscal year 1994,195, the total revenue generated by•the•reporting fees for subsequent fiscal
years shall not exceed a base of one million dollars ($1,000,000), as adjusted for the cost of living
beginning with fiscal year: 1991192 and amually thereafter. Beginning in fiscal year 19921,93, the board
shall automatically adjust the fees each fiscal year to conform with the revenue levels prescribed by this
section and appropriated by the Legislature. If the department determines that the revenue collected during
the preceding fiscal year was greater or less than the -applicable base amount, plus the appropriate cost of
living adjustments, the board shall adjust the fees to compensate for the over collection or under
collection of revenues.
. (3) The emergency regulations adopted pursuant to paragraph (2) or subsequent adjustments to the annual
fees, shalt be adopted by the board in accordance with Chapter 3.5 -(commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code. The adoption of these regulations is an emergency and
shalt be considered by the Office of Administrative Law as necessary for the immediate preservation of the
public peace,.health, safety, and general welfare.
(4) The reporting fees established pursuant to paragraph (1).shall be deposited in the Nine Reclamation
Account, which is hereby created. Any fees, penalties, interest, fines, or charges collected by the
department, State Geologist, or board pursuant.to this chapter or Chapter 9 (commencing with Section 2710)
shall be deposited in the Nine Reclamation Account. The money in the find shalt be available to the
department, the State Geologist, and the board, -upon appropriation by the Legislature, solely to carry out
this section and Chapter 9 (commencing with Section 2710), and up to three hundred thousand dollars
($300,000) shall be available to the DEPARTMENT upon appropriation by the Legislature to contract for
-preparation of the report required by Section 2774.6.
(5) in case of tete payment of the reporting fee, a penalty of not less than one hundred dollars ($100)
or 10 percent of the amount:due, which is greater, -plus interest at the rate.t percent per month, computed
from the delinquent date of the assessment,untit and including the date of payment, shalt be assessed. New
mining operations which have not -submitted a report are required.to submit a report prior to commencement of
operations. The new operation shall submit its fee according to the r"sonebte fee schedule adopted by the
board, and the month that the report is received shall became that operations anniversary month.
(e) The lead agency may impose s fee.upon each mining operation to cover the reasonable costs incurred in
implementing this chapter and Chapter 9 (commencing with Section 2710).
(f) For purposes of this section, "mining operation" means any operation as defined in Section 2735,
unless excepted by Section 2714.
(9) Any information in reports submitted pursuant to subdivision (a) which includes or otherwise
indicates the total mineral production, reserves, or rate of depletion,of any mining operation shall'not be
disclosed to any mmember of the public, as defined in subdivision (f) of Section 6252 of the Government Code.
Other portions of the reports are public records unless excepted by statute. Statistical bulletins based on
these reports and published oder Section 2205 shall be compiled to show, for the state as a whole and
separately for each teed agency, the total of each mineral produced therein. In order not to disclose the
production, reserves, or rate of depletion from any identifiable mining operation, no production figure
shalt be published or otherwise disclosed unless that figure is -the aggregated production of not less than
three mining operations. If the production figure for any lead agency would disclose the production,
reserves, or rete of depletion of less then three mining operations or otherwise permit the reasonable
inference of the production, reserves, or rate of depletion of any identifiable mining operation, that
figure shalt be combined with the same such figure ofsnot less than two other lead agencies without regard
to the location of the lead agencies. The bulletin shall be publish ei annually by June 30th or as soon
thereafter as practicable.
1-17-91
F�
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STA f
OF CALIFORNIA THE THE IES 'S AGENCY
DEPARTMENT OF CONS"ERVATION EORGE DEUKMEJIAN, Governor
STATE MINING AND
GEOLOGY BOARD
1416 Ninth Street, Room 1326-2
Sacramento, CA 9581,4
JaMaS A. Ancifirson, Cnairman
Dennis Hansuer,)of
001(aynd Holinciani
J. H. Jack Lucas
A. Gary kfiliei
Jac. Site U10. Telephone: (916) 322-i0b2-
TDD Line: 19161 324-2555
L; LjCow! j VUl iS'I
TO ALL INTERESTED PARTIES' D. 01
Orovji'_-, CP1:fnrni-
N
The State Mining and Geology Board (Board) hereby notifies all
interested parties that it has adopted regulations to implement -
and make specific the procedures for 0 filing and
designation appeals pursuant t'
min" Section 2775 of thehearing S
lace
d Reclamation Act Of-1975'(SMARA), as amended (Public
-Resources Code [PRC] Section 271'0, et,
seq.)..
The subject regulations establish procedures�whereb
aggrieved by Pitf�er'.gthe ay persons
pproval_.(:�r the denial Of a permit to
mine in an.area'desi'
nated as'containing mineral deposits of -
regional or statewide.signifi'
cance may appeal'the decision.of-'the,...
lead -agency to thie Board within -15 days of -exhausting all appeal
rights to the lead -agency approving or -denying the 'permit. Th6
Board may decline to.accept an'.appeal'under ecific conditions,.
and has establish,2d procedures to hear th6se-aspppeals it ac
,The Board, in hea-ring,the appeal, is.limited to -determining
•cepts.
whether or not the dedision-o? the lead agency,was Supported by
substantial ein,evid''ce i'
n light of -the whole"r'ecord..
If You have -any questions regarding. --these des'igfiation appeal.
regulations, please contact Ms. Deborah Herrmann or Ms. Nancy' -
Steiner, State Mining and Ge6lOgy Board, 1416 -9th Street, -Room
1326-2, Sacraments, CA 95814,
telephone, -'(916) .322-1-082.
W.
DATED: August 26" 19 8_�
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V7
REVISION RECORD FOR REGISTER
88, No. 30
(July 23, 1988)
TITLt 14. NATURAL RESOURCES
DIVISION -2. ;. DEPARTMENT OF CONSERVATION
CHAPTER 8. MINING AND'GEOLOGY BOARD
.
This part of Register 88, No. 30, contains all the., additions,
amendments, and repeals affecting the above -entitled
California Code of Regulations
portion of the
which were filed with the Secretary of
State from 7-16-88, to and including
•
7-23-88 The latest prior register
containing regulations of the above agency is Register 86,
(12-6-86)
No. 49
It is suggested that the section numbers listed below as well as the
Fuge numbers be checked when inserting this
removing.
material in the code and ,
the superseded material...In case of doubt rely upon the
section numberrather than
s
the page numbers since -the section'
numbers must run consecutively. It is further suggested that
superseded material be retained
with this revision record sheet so that
the prior wording,of any section can be easily ascertained.
SECTION CHANGES '•'
The sections listed below are added herein.
3625-3634
PAGE CHANGES
Remove
Old Pages Insert
TITTLE 14
MINING. AND GEOLOGY
(Regi®ter 80, No. ,F30-729.8) (P 97) ,
;CHAPTER 8. MINING AND GEOLOGY .
SUBCHAPTER 1. STATE MINING AND GEOLOGY BOARD
r'• •j
r DETAILED ANALYSIS
r
Article 1. Surface Mining and Reclamation .Practice
Section
k, ..
3500.
Purpose
y
3591.
Definitions -
3502.
The Reclamation Plan
3503.
Surface Mining and Reclamation'PractiCc, .
•
35(4.
Administration by Lead'Agcncy
3505.
Special Provisions -
'
Article 2. Areas Designated to be of Regional Significance
Section
3550.
Introduction
3550.1.
Tujunga and Pacoima Wash Areas of the San Fernando Valley Region,
'Los Angeles County
3550.2:
Santa Clara River Valley Area of. the Western Ventura County
Region, Ventura County °
3550.3.
Simi Valley Area of the Simi Region, Ventura County"
3550.4.
Santa, Ana River, Santiago Creek, Arroyo Trabuco, San Juan Creek,
and T,ernescal Valley Areas of the Orange County—Temescal
Valley. Region, Orange, Riverside, and San Bernardino -Counties
3550.5.
San Gabriel River, Eaton Wash, Devils Gate, and Palos Verdes Areas
of the San Gabriel Valley Region, Los Angeles County -
3550.6.
Construction Aggregate . Resources, Western San Diego County
�..
3550.7.
Region
Construction Aggregate"Resources, Claremont -Upland Region
3550.8
Construction Aggregate. Resources, San Bernardino Region
3550:9.•
Construction Aggregate Resources, Saugus -Newhall and Plamdale
Regions.
3550.10.
Construction Aggregate Resources, South San Francisco Bay Region
3550.11,
,Construction Aggregate Resources, North San Francisco Bay Region
3550.12.
Construction Aggregate Resources, Monterey Bay Region,
Article 3.
Policies and Criteria of the State Mining and Geology Board
with
Reference to the Alquist-Priolo Special Studies Zones Act
Section
3600.- '
Purpose
3601.
Definitions
3602.
Review of Preliminary .Maps '
~
3603
Specific Criteria
Article 4., Designation Appeal Procedures
Section
,
3625. "
_ Purpose of Regulations w
3626.
Filing of Intent to Repeal
3627.
''Determination of Jurisdiction
3628.
Administrative Record
3629.
Hearing Procedures—Scheduling
3630.
Hearing Procedures—Authority for Delegation
r
3631.
I
'Hearing Procedures—Notice
3632.
Hearing Procedures—Record is
3633.
Hearing Procedures—Sequence
3634.
Hearing Procedures—Determination
3500 ,MINING AND GEOLOGY TITLE 14
(Register 88. No. 30.--7-21801
(P 98)
t
Article 1: Surface Mining and Reclamation Practice
3500, Purpose.
ation
i Itis the purpose of this subchapt surface mining opT to establish e ations in accord whe ith the
of mined lands and the conduct of ter 9,
general 710 eines seSu faceiMming and Reclamation eActtofs1975, as amended
Section 2710 et q
by Statutes of 1980).
• NOTE: Authority cited: Seaeion 2755, Public Resources Code. Reference: Sections 2710-- •
2795,'Public Resources Co
HISTORY: 08, not consecutive, and Appendices
1. New Chapter 8, Subchapter 1 (Sections 3500 35
A, B and C) filed 3-29-77; effective thirtieth d:iy thereafter (Register 77, no. 14).
2. Amendment of,NOTE filed 8-10-82; effective thirtieth day thereafter (Register 82,
No. 33).p new section file
effective thirtieth day thereafter (Register j
3. Repealer and 4-29 85;
Definitions.
The following definitions as used herein shall govern the interpretation Of
3501.
these regulations: angle of sloe ( measure• g P d from horizontal
Angle of Repose.. The maximum pile of similar
plane) at which loose cohesionless material will come to rest on a
material. orted-material used to re
Backfill. Earth, overburden, mine waste or imp
place material removed during mining the surface mining of rock, uncon
Borrow Pits. Excavations created by for fill else-
g P provide in
(borrow)
•solidated geologic deposits or soil to
where.
Critical Gradient. se conditions that ithe maximum will likely experience, as deterdmined
under the most advev activities that
by current engineering technology.
Excavations for On-Sitearea site tfor.tion. Earth material construction of structures, landscaping, or
are required to p Pradiog, compaction, and the
other land improvements (such a or that tin and of themselves constitute
creation of fills and embankments),
engineered work (sucahi existing dams, road
cuts, todesigned form bync basins)
filling, " 9)
Grading. Tobring rations. operatedperiodically,
and 1 or smoothing operations.
Intermittent Operation. A surtin mieriods, either be because neds for the
one or more years between openg plied from stockpiles, or because mar-
minerals produced at such mine are supe pp of these minerals.
ket conditions require only an intermittentchemic element or compound, or
ocesses and or-
Minerals. Any, naturally occurring p
groups of elements and compounds, formed from inorganicand bituminous rock,
ganic substances, including, but not limited to,, coal, peat, petroleum. art
but excluding geothermal resources, i aton, crporado , organization, or p
Person. Any individual, firm, association, corporation,
department or agency
nership, or any city, county; district, or the state or any
thereof. erator's) completed and approved
Reclamation Plan. The applicant's b Phis surface mining operations con { }
-plan for reclaiming • the lands affected by ` J
ducted after January 1, 1976, as called for in Section 2772 of the Act.
W
4
TITLE 14 - MININC•AND GEOLOGY ,.
(Registor 88, 140. 30-74388) § 3625
- I
3603. Specific Criteri(p.1W.15)
a.
-The following specific criteria shall apply within,special studies zones"and
shall be used by affected lead agencies in complying with the provisions of the
act. ►
(a) No structure for human occupancy, identified as.a project under Section`
2621.6 of the Act, shall be .permitted to be placed across the trace of an active
fault. Furthermore, as the area within fifty, (50) feet of such active faults shall
be presumed to be underlain by active branches of that fault unless proven
otherwise by an appropriate geologic investigation and report' prepared as
specified in Section 3603(d)'of this subchapter, no such structures shall be
permitted in this area.
(b) Affected lead agencies, upon receipt of official special studies zones
maps, shall provide for disclosure of delineated special studies zones to the
public. Such disclosure may be by reference in general plans, specific plans,
property maps, or other appropriate local maps.
(c) No change in use of character of occupancy, which results in the conver-
sion of a building or structure from one not used for human occupancy to one
that is so used, shall be permitted unless the building or structure complies with
the provisions of the Act.
(d) Application for a development permit for any project within a deline
ated special studies zone shall be accompanied by a geologic report prepared
by a"geologist registered in the'State- of California; which is directed to the
problem of potential surface fault displacement through the project site, unless
such report is waived pursuant to Section 2623 of the Act. The required report
shall be based on a geologic investigation, designed to identify, the location,
recency, and nature of faulting that may, have affected the project site in the -
past and may affect the project site in the future. The report may be combined
with other geological or geotechnical reports.
(e) A geologist registered in the State of California, within or retained by.
each lead agency, shall evaluate the geologic reports required herein and advise
the lead agency.
( One (1), copy of all such geologic reports shall be filed with the State
Ceo ogist by the lead agency within thirty (30) days following the report`s
acceptance. The State: Geologist shall place such reports on open file.
NOTE: Authority cited: Section 2621.5, Public Resources Code. Reference: Sections
. 2621.5, 2622,1623 and 2625(c), Public Resources Code.
HISTORY:
1. New section filed 10-18-84; effective thirtieth day thereafter (Register 84, No. 42).
Article 4. 'Designation Appeal Procedures
3625. Purpose of Regulations.
• The regulations contained in this article govern procedures affecting appeals
to the Board on the approval or denial of a permit to conduct surface mining
operations by a city or county, hereinafter referred to as.the "lead agency", in
an area designated as containing mineral deposits of statewide or regional
significance pursuant to the provisions of Section 2775, Public Resources Code
(PRC 2775):
NOTE: Authority cited: Section 2775, Public Reso
Public Resources Code. urces Code., Reference: Section 2775,
HISTORY:
1. New section filgd 7-6-88; operative 8-5-88 (Register 88 -
No. 30).
•
V •
•
§ 3626 {
(p, 100.16)- MINING AND GEOLOGY
i' TITLE 14
362(Register B8, No. 30-7.234M)6•. Filing of Intent to Appeal. � "
(a) Any person filing an appeal to the,Board pursuant to PRC 2775 shall,
within 15 days of exhausting his rights to a
dures of the. lead agency, file an intent to appeal !n accordance with the proce
information: appeal by submitting the following
(1) A map indicating the exact location of the disputed area, including town-
ship and range, and corresponding to the designation map prepared for the
region;
(2Written statements with supporting documentation indicatin the basis
for the appellant's challenge to the decision by the lead a
prove or deny a permit to mine in an area designated as being agency either d or
regional significance.
(3) Co of statewide or
to appeal of notice to the lead agency that the appellant has filed an intent
ppeal to the Board.
NUTS: Authority cited: Section 2775 public Resources Co
Public Resources de. Refcrence:'Section 2775
Code.
HISTORY:
1. New section filed 7-6.88; operative 8.5-88 (Register 88, No. 30).
3627. Determination of Jurisdiction.
The Chairman ofh the Mining and Geology Board, or the Chairman's designee
shall determine whether the appeal is within the jurisdiction of the Board for
purposes of hearing the appeal, and determine whether thea 4 '
lenge raises substantial issues with respect to the action taken to approve
chat -
deny the permit to conduct surface mining operations by the lead agency. If
the Chairman finds, based upon the criteria stated in a Plus (b) below, that
the appeal raises no substantial issues with respect to the ction taken by the
lead agency to approve or deny the permit to conduct surface mining opera-
tions in a designated area, he or she shall refuse to grant a hearing on an appeal.
In making this determination, the Chairman shall
(a) Whether the er the foll
appeal raises any issues which legalltydcan be addressed by
the Board within the limits of the Public Resources Code and the rules of the
Board; and
(b) Whether the appcepeal specifically relates to the approval or denial of a
permit to conduct surfa.mining operations in an area designated by.the Board
as being of statewide or regional significance.
The Chairman of the Board shall make such determination within receipt of the information required b thin 15 days'of
notify the appellant and the lead. agency oft a determination 26 of tby article
rtified mail
NOTE: Authority cited: Section 2775, Public Resources Code. Reference: Section 2775,
Public Resources Code.
HISTORY:
1. New section filed 75-88; operative 85-88
-3628• Administrative Record. (Rebnster 88, No. 30).
(a) .Once a determination has be
en mad e- diction of the Board for purposes f hearing then appeal is within the juris-
diction
three certified copies of the complete administrative record, which shall
include, but not be limited to appeal, the 'appellant shall
(lj Protect application an of the
detailed descripinformtion of the
project, including conditions added for mitigation of environmental. impacts;
;
(2) Location and site description maps submitted to the lead agency as part
of the application process;
i
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. ..fit-• .-. t_asacam.: wn� - - -'— '
TITLE 14 MINING AND GEOLOGY 4 3631
(Rooistor m No. 30-7.2388) (p. 100.17)
(3) All reports, findings, communications, correspondence, and statements
in the file of the lead agency relating to the pioject; and
(4) Written transcripts of all public hearings related to the decision of the
lead agency.
(b) In cases where the appellant is faced with substantial delay in gathering
the administrative record due to internal procedures of the lead agency, the
appellant shall so notify the Board in writing and the Board may require the
lead agency to immediately submit three copies of the administrative record
to the Board for purposes of hearing the appeal without undue delay.
(c) Failure to produce the administrative record upon request of the Board .
within 30 days shall be deemed grounds to remand the-" appeal to the lead
agency for reconsideration.
NOTE: Authority cited: Sections 2772, 2773 and 2715, Public Resources. Code. Reference:
Section 2775, Public Resources Code. -
IISTORY:
1. New section. filed 7-6-88; operative 8-5-88 (Register 88, No. 30).
3629. Hearing Procedures—Scheduling.
The Board shall schedule and hold a public hearing on an appeal no later than
30 days from the -filing of the complete administrative record, or at such time
as may be mutually agreed upon by the Board and the appellant. Iri.no case shall
the hearing be scheduled beyond 180 days of the receipt of the complete
administrative record without the concurrence of the Board, the appellant, and
the project proponent (when not the same person as the appellant). The hear-
ing may be scheduled as.part of a regular_ business meeting of -the Board or may
be conducted by a committee of the Board.
NOTE: Authority cited: Section 2775, Public Resources Code. Reference: Section .2775,
Public Resources Code.
HISTORY:. ,
1. New section filed 7-6-88; operative 8.5-88 (Register 88, No. 30)
3630. Hearing Procedures—Authority for Delegation.
The Board may delegate conduct of the hearing to a committee of at least
two members to be appointed for that hearing by the Chairman of the Board.
The`Chairman of the Board or the Chairman's designee shall conduct the
hearing; the recommendations of the committee shall be presented to a quo-
rum of the Board at its next regular business meeting for a decision of the full
Board consistent with the procedures set forth in Section 3634 of these regula-
tions.
NOTE.' Authority cited: Section 2775, Public Resources Code. Reference: Section 2775,
Public Resources Code.
HISTORY:
1. New section filed 7-6.88; operative 8-5-88 (Register 88, No. 30).
3631. Hearing Procedures -Notice. .
(a) At least 10 working daysprior to the hearing, the Board shall give public
notice as follows:
(1) Mailing the notice to, the lead, agency, the appellant, and the project "
proponent (when not the same person as the appellant);
(2) Mailing the notice to any person who requests notice of the appeal or
hearing;
rj•141 « .
§3632MINING AND GEOLOGY TITLE 14
(p. 100.18) (Register sa; No. 30 7-23_")
{
(3) Mailing the notice to the Board's regular mailing list; and
(4) Posting of the notice in a place where notices are customarily posted in
the city or county jurisdiction within which the proposed surface mining opera-
tions are to take place. "
•'(b) The notice of hearingshall include the.'following:
(1) The name_ of the appellant;
(2) Identification of the proposed surface mining operation, a brief descrip-
tion of the location. -of the operation by reference to any commonly known
landmarks in the area, and a simple location map indicating the general location
of the operation;
(3) .A statement that the appellant has appealed the lead agency's decision
to approve or deny the project and has requested the Board hear the appeal;
(4) A statement inviting the appellant, the lead agency, the project propo-
nent (when not the same personas the appellant), and the public to make
statements at the hearing regarding the decision of the lead agency; and
(5) The time, date, and location of the public hearing.
NOTE: Authority cited:. Section 2775,'Public Resources Code. Reference: Section 2775,
Public Resources Code. ,
HISTORY: \
1. New section filed 7-6.88; operative 8.5-88 (Register 88, No. 30).
3632. Hearing Procedures—Record.
The record before.the Board at the public hearing shall be the administrative
record submitted pursuant toSections 3626 and 3628 of this article.
NOTE: Authority cited: Section 2775, Public Resources Code. Reference: Section 2775,
Public Resources Code.
HISTORY:
t.
1. New section filed 7-6-88; operative 8-5-88 (Register 88, No. 30).
3633. Hearing Procedures—Sequence.
(a) The public hearing should normally proceed in the following 'manner: `
(1) Identification of the record; _
(2) Statements on behalf of the appellant;
(3) Statements on behalf of the lead agency; -
(4) Statements on behalf of the project proponent (when not the same'
person as the appellant);
(5) Statements on behalf of.the public;
(6) Rebuttal on behalf of the appellant; and
(7) Motion to close the public hearing. `
(b) Notwithstanding the above,`the Chairman or the Chairman's designee
for purposes of conducting the hearing may in the exercise of discretion, deter-
mine the order of the proceedings.
(c) The Chairman or the Chairman's designee may impose reasonable time
limits upon, statements and presentations and may accept written statements- '
in lieu of oral statements. Written statements must be submitted to the Board
at least five days prior.. to the hearing. - .
(d) The public hearing shall be recorded either electronically or by'other
convenient means.
NOTE: Authority cited: Section 2775, Public Resources Code. Reference: Section 2775,
Public Resources Code. '
HISTORY: ,
1. New section filed 7-6-88; operative '8-5.88 (Register 88, No. 30).' r
ti
f
TITLE 14 MINING AND GEOLOGY 43634
(Ftegiater 88. No. 30-74358) (p. 101)
(( 3634. )Hearing Procedures—Determination.
\J. - Following the public hearing, the Board shall determine whether, upon the
record before. it, the lead agency decision was made based on substantial evi
deuce in light of the .whole record. Notification of the Board's determination
shall be made by certified mail to the appellant, the lead agency, and the project
proponent' (when not the same person as the appellant) .within 15 days follow-
ing the regular business meeting of the: Board at which the decision is made.
NOTE: Authority cited: Section 2775, Public Resources Code.; Reference: Section 2775,
Public Resources Code.
11I.STORY:
1. New section filed 7-6-88; operative 8-5.88 (Register 88, No. 30).
-7719
**BUTTE COUNTY BOARD OF ZONING ADJUStMENT
AGENDA - June 7, 1978
B. ITEMS ON WHICH NEGATIVE DECLARATION REGARDING
EN VIR MENTAL' IMPACT HAVE BEEN RECOMA4ENDED
�1. Clinton Bennett, Bennett Realty'- Use permit to allow
a real estate sales office on property zoned "A-2 Ltd."
located on the west side of Sky►vay approx. 250 ft. south
of Evergreen Drive, identified as AP 64-66-13, Paradise.
�2. Ralph Midkiff - Use permit to allow expansion of Gasoline
Sales facilities to include an additional 1Q,049 gal, tank
and an 8,000 gal, tank on property' zoned 'W-2" (General)
located on -the southeast side of. 1:a Porte Rd: and the
northeast side of Los Verjeles Rd., identified as AP
28-26-14 F, .34, Bangor.
V. RECLAMTI®N PLANS - FOR REVIEW F APPROVAI,
Nk.Butte Creek Rock Co. (P.O. Box 720, Chico, Ca. -95926)
3 , o File 78-99 - Reclamation Plan to continue aggregate
mining operations in' the Pentz area Sections 25 F. 301,
M N, R4E f 3E.
Butte Creek Rock Co. (P.O. Box 720, Chico, Ca. 95926)
File 78-16® .Reclamation Plan.for continuing aggregate
.mining operations along Butte Creek, Sections 2, 3, 4,
i 5, 34, £, 35 T21N F, 22, R2F.
W. H. [Nilson (P .D . Box 1613, Oroville, Ca . 9S96S)
File 78.-98 Reclamation for continuing operation of a
3 , sand and gravel plant, Sections 6 F, 7, T20N, R3E.
\u
�1. Robinson Construction Co. (P.O: Box 1620, Oroville, Ca.
\\\ 95965) File'78-97 Reclamation Plan .for continuing sand
and gravel -operations along the Pacific Heights Road
south of Oroville Sections 25, 35, 36, T19N, R3E.
E. Robinson Construction Co. (P.O. Box 1620, Oroville, Ca.
95965) File 78-96 - Reclamation Plan .for continuing sand
and gravel mining operations on Lucky Seven Ranch land
in Butte County,--Sections-.14, 3S, 36, T21N, R3F, Section
3, T20 R3E .
VI. ADJOURNMENT
** To be held in the Butte County Data Processing Conference Room
#1 County Center Drive
Oroville, Ca.
at 9:00 A.' M.
I`
"BUTT E COUNTY BOARD OF ZONING ADJUSTMENT
AGENDA - JUNE 7, 1978
I. ROLL CALL: Board Members
II. APPROVAL OF MINUTES FOR May 24, 1978 a
III. PUBLIC HEARINGS CONTINUED
CONTINUED FROM February 15, 1978
Northern Valley Indian Health (719 Yuba Ave., Oroville,
Ca.) Use permit to consider deleting the installation
of curb, gutter and sidewalk for a dental and medical
clinic zoned 11A-2 Ltd." located an the south side of
Yuba Ave., approx. 140 ft. west of 7th Street,identified
as AP 31-237-08 (portion) Droville.
CONTIN[1Eh FRGM May 24, 1978
Dave L. ®lsen - Variance to allow an awning 29 ft. from
the centerline of. Virginia Street and a mobile home 39
ft. from the centerline of Virginia and 40 ft. from the
j' centerline of. Davis Street, on property zoned "A-2"
(General) located on the southwest corner of Virginia
St. and Davis St., identified as AP 46-135-02, Chico.
IV. PUBLIC HEARINGS - NEW
A. ITEMS DETERMINED TO BE CATEGORICALLY EXEWMPT
FROM ENVIRONMENTAL REVIEW
1. Florence Horne - Variance to allow a property line to be
V` located 3 ft. 11 in. from an existing garage, and 2 ft.
7 in. from an existing storage shed and carport for
boundary line adjustment purposes on property zoned "R-3"
(Medium Density Residential) located on the west side of.
Downing Ave., approx. 2S0 ft. south of Lindo Ave.,
identified as AP 45-142-4 F, 5, Chico.
2. J. E. Anderson-- Variance to off-street parking requirements
to allow 8 parking spaces within the 50 ft. front yard
setback and 17 spaces within the S ft. side yard setback.
on property zoned "R-4" (Maximum Density Residential -
Restricted Service) located on the southwest corner of
East Ave. and Alamo Ave., identified as AP 42-07-143 and
144, Chico.
0
NIAY 51�fg
Or(OVI i E, C.�,!-!FORN!A
Butte County Board of Supervisors RE: Surface Mining Ordinance
..Administration Building: Butte County
1859 Bird.Street
Oroville, CA 95965
Dear Board Members:
I have a continuing operation for the removal of sand and.gravel iri Butte County
and am planning to submit my reclamation plan for this operation as required in
the County's Surface Mining Ordinance,and state law.
I've just learned about this requirement and will not be able.to meet your date
of May l5 and ask that I be allowedto submit .my plan.on'' October 15, 19.78
I will appreciate your consideration in this time extension.
Very truly yours,
y
' ILS*JN, Governor
STATE OF CALIF.nRNIA=THE .RESOURCES AGENCY - a ^ FjTE W
DEPARTMENT OF CONSERVATI ;
DIVISION OF ADMINISTRATION v-
• DIVISION OF MINES AND GEOLOGY'
DIVISION OF OIL AND GAS I' F
DIVISION OF RECYCLING t 1416 Ninth Street.-
SACRAMENTO, CA 95814
:July. _12, 1991.�_. __ ,_,;� - . _
]p (916) 322-1080
TO: All Surface Mining and Reclamation-Act (SMARA) Lead Agenciesu
As•you"should`be aware, Public'Resources Code Section 2774(b)
requires.SMARA lead(agencies•to inspect each surface mining operation
in,;their,'jurisdiction at least annually, within' ix months of the `
agency's receipt 'of•-the mining operation's •annual• report (Form.
MRRC-2). You should recently have.received copies of.`the annual
report forms (the yellow copy) from mines in your jurisdiction.
{ 1• i
This�Section also requires that the inspection.be'done using a
form developed'by the Department of Conservation and'approved by the.
State Mining and Geology Board. We have enclosed the•inspection forms
(MRRC-1) for'your use, based on the number of mining operations to
whom we sent annualreport forms in your jurisdiction. These
operations were included in a list sent to you along with an April-23,
'1991, letter from the. Department.
Lead agencies;.should,also be aware that::
.• The green copy of the.inspection form; along with any '
supporting inspection information, must be sent to the
Office of.Mine Reporting and Reclamation Compliance
within 30, days of the inspection;
• Any violations noted for the operation must beincluded
on the inspection form; 3�
The mining operator_,shall__be solely responsible for the
reasonable costs of the inspections;
• Inspections may not be carried out by any..person who has ,
•
been-employed-in,any capacity`by the mining operation
' within the previous.12 months; and
•. Mining,operations'on federal lands are 'included under SMARA,
and lead agencies have`'the responsibility of inspecting "b
them.. However, if a Joint Powers.Agreement, Memorandum of
Understanding, or other formal document is signed stating
that a single•inspection will fulfill the legal requirements.
of both agencies, the Bureau'of Land Management may carry.
out inspections of operations on its.lands'using the State
inspection form. This would not relieve lead agencies of
the responsibility for seeing_that the inspections are
carried.out'accurately and on a timely basis.
71
t
File No. y 31
(For Action i,
r i
BUTTE COUNTY
- •r.
o
Works Dept. -(F r Information ✓
Public
Director
Dep. Dir.
_
Sec.
Rd. & Br. Mtce.
` .
Shop & yards
Bldg. Insp. Admin.
Design En9r•
Bridge Engr•
r
Constr. En9r•
Surveys
1
Mapping
Transp•
a
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Land Dev.
Drng• /S,l.
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Sub. & Pcl. Maps
^y
w Permits
i
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Completed inspection forms :should be sent.to:
Department of Conservation
Office of Mine Reporting and Reclamation Compliance
620-C Bercut Drive
Sacramento, CA 95814
If you have.any questions on the inspection forms or inspections,
or if you.need additional forms, please contact the Office of Mine
Reporting and Reclamation Compliance at (916) 323-9198.
'Sincerely,
1 .
GG (/
..Edward G. Heidig
Director
EGH:DJO:tml
Enclosures
cc: State Mining and Geology Board
0
Inter -Departmental 'MeMorandum•
To: Susan Minaaian; County Counsel
Bettye Kircher, Planning,Director
FROM: , William.Cheff, .,Director,`of Public'Works
.. SUBJECT: Y ,
Reclamation Plans and Mining Permits .
DATE: June 5, 1991 ,
_ Attached. is a copy. of a Metter and attachments dated -May' 15, 1991 from the
State Department of -Conservation to one of our local mining operators'°
Once again it appears,that new state legislation is mandating -more work and
costs on local.agencies. I -have not received any notice of this new legisla—
tion. y,
Would you please review the data and advise. how we need to proceed to.comply-
with the legislation.
fy
• WC:ss:William CheffI
r" 'Attach:: Director of Public Works.
' le No.
• r
•
1
.
STATE OF. CALIF.°.NRNIA--THE RESOURJI
Y
AGENCY
DEPARTMENT OF CONSERVAtior,
MINE REPORTING AND RECLAMATION COMPLIANCE UNIT
620-C Bercut Drive
SACRAMENTO, CA 95814
Phone (916) 323-9198
FAX (916) 324-1396
BBS (916) 327-1208
May 15, 1991
Dear Mining Operator:
PETE WILSON, Govgrnor
MAY 2 0 1991
As you may know, recent legislation which took effect January 1, 1991
(AB 3551/AB 3903, Chapters 1097 and 1101, respectively, Statutes of 1990),
significantly amended Public Resources Code (PRC) Sections 2710 et seq.
(Surface Mining and Reclamation Act of 1975,[SMARA]) and PRC Section 2207.
As amended, the law now requires each mining operation, including_ operations
on federal land, to submit an annual report, on a form provided -by the State,
giving specified information to the State and local lead agencies. Late
filing of, or failure to submit, an annual report.to the State Geologist and
the local lead agency may result in an administrative penalty of up to $5,000
per day, assessed from the original date of noncompliance (PRC Section
2774.1[c]).
The law as amended also requires each active and idle (as defined in PRC
Section 2727.1) mining operation to remit an annual reporting fee to the
State, as established by the State Mining and Geology Board (Board). The
method established by the Board for assessing fees for the initial reporting
period is based on =he status of the mine and the total acreage subject to the
reclamation plan. The annual reporting fee must be submitted to the State
along with the annu_31 report form. Late payment of the reporting fee may
result in the assessment of a penalty of not less than $100 or 10 percent of
the amount due, whichever is greater, plus interest at the rate of 1.5 percent
per month (PRC Section 2207[d][5]).
Enclosed is
instructions
operations.)
the Mining'Operation Annual Report form (Form MRRC-2) and
for fulling out the form. (See the instructions for exempt
July 1_,-1.9.9.1-�tiAlong with the report form, you must submit a copy of the
mining operation's approved reclamation plan, including any amendments or
conditions of approval, proof of the reclamation plan approval, and a United
States Geological Survey 7.5 -minute or 15 -minute quadrangle map delineating
the boundaries of your mining operation. Regardless of how you manage or
conduct your mining.operation, one Form MRRC-2 and one reporting fee must be
submitted for each reclamation plan. If you need additional forms, they may
be obtained by writing to the Mine Reporting and Reclamation Compliance Unit
at the above address or by calling (916) 323-9198.
1�
i
nV
A 7—
le No.'"
BUTTE COUNTY +' ••'fFor Action 1,,2,`3) ,
Public Works Dept. (For Information �)
{r
Director
Dep' Dir.
Sec.'
[
[
Rd & Br. Mtce.
Shop & Yards
Bldg. Insp. Admin.
"F -
-
Design Engr. [
7'r
Bridge Engr.
I,y
Constr. Engr.
Surveys s.
Mapping'
Transp.
Land Dev. '
Ding.
Sub. & Pcl. Maps
i
Permits
t
fI
1
i
•
'
3
J
It
I!I
�il
1�
e:
Mining Operator
May 15, 1991
Page Two
The annual report form"(original, white copy), along with the appropriate
enclosures and the annual reporting fee (in the form of a -check or money order
payable to the Department of Conservation/MRRCU) should be forwarded'(a label
is enclosed for your convenience;) to:
Department of Conservation
Mine Reporting and Reclamation Compliance Unit
620-C Bercut
Sacramento, California 95814
-The.second:(yellow) copy of.your annual -report should be mailed to your lead
agency: For your information, lead_agencies=are required-to_inspec.t_each3
Cin ng_op_e.ration within. six -months of7-receiptsof_the-annual-report; and,
fo.rward:a.co.py of-theiinspect"ion report_to_the_State) Lead agencies may
charge the mining operator for the reasonable costs of inspection (PRC Section
2774[b])•
If you have any questions or�need clarification regarding the annual reporting
requirements, please contact me at the address and phone number noted above.
Sincerely,
Theodore C Smith
Interim Manager
TCS:efh
Enclosures
cc: James F. Davis, .State Geologist
Deborah L. Herrmann, Executive Officer
State Mining and Geology,Board
ti
9
525 UNIVERSITY AVENUE
PALO ALTO, CALIFORNIA 9 430 1-190 8
FACSIMILE 14151 324-0638
' TELEPHONE (415)326-.7600
.601 SOUTH. FIGUEROA STREET
LOS ANGELES. CALIFORNIA 90017-5758
FACSIMILE 12131 GIA -1868
TELEPHONE 12131 689-0200
1300 S. W. FIFTH AVENUE.&
PORTLAND, OREGON 97201=5896
FACSIMILE (5031 211-0950
TELEPHONE (503) 227-7400
WRITER'S DIRECT. DIAL NUMBER
(415)772-6611
a
r
F
HELLER, EHRMAN; WHITE & MCAULIFFE
ATTORNEYS
A PARTNERSHIP_.INCLUDING PROFESSIONAL.CORPORATIONS
333'BUSH STREET • SAN FRANCISCO, CALIFORNIA 94104-2878
GABLE HELPOW'• TELEX 184-996 • FACSIMILE (41S) 772-6268
TELEPHONE -(41S) 772-6000
701 FIFTH AVENUE
SEATTLE, WASHINGTON 98104-7098
FACSIMILE (2061 447.0849
TELEPHONE (206) 447-0900
1201 PACIFIC AVENUE
TACOMA, WASHINGTON 98402-43 08
FACSIMILE 12061 572-6743 -
TELEPHONE (206) 572-6666
SSO WEST TTH AVENUE
ANCHORAGE, ALASKA 99501-3571
FACSIMILE 1907) 277-1920
TELEPHONE (907) 277-1900
MINING ASSOCIATIONS COALITION
SURFACE MINING=AND RECLAMATION ACT (SMARA) WORKSHOP
Hyatt Regency.Hotel
Sacramento,. 'California
April 29,_1991.
Assembly Bills 3551='and 3903, -authored by Assemblyman Byron
Sher and passed by,the:California Legislature in the 1989.-1990
session, significantly revise -the Surface Mining and'Reclamation
Act (SMARA). Below I'highlight the key provisions of these
bills, and outline important''compliance'dates.
I. Key provisions of,.AB 3551 and AB 3903:
o; Require the.submission'of a• -report on mining'operations
to the local lead agency and the State Geologist by
July 1, 1991, and'annually.thereafter. (A copy of the
latest draft reporting form is attached.) Of�
particular.significance, the 'report must include a copy
of an approvedr.eclamation plan for the operation.
o Imposea fee to be submitted with the report. The fee
will be based on the number of�acres subject to the
reclamation plan; and=may not exceed $2,000' for each
operation. A�
o Mandate,, annualAinspections-of each _operation' by the
local lead agency or -its designated' consultant -'to
determine�com_pliance�.with-SMARA.-" (A�copy-�of ''the -later
dra-f-t inspection -form •is attached )
o� Require each operation (including existing operations)
to ,secure.apeah.lean=agency approval-of—fananq:l,ai
assuranceses quate to—cover the costs of reclama--tion.
•
Financial assurances must be :approved-by=the focal ad
agency by December 31, 1991. For.-o.p:erati n's�
which have already received approval of financial _
assurances, these assurances must be reviewed by the
lead agency to ensure compliance withythe=new stan__ dards
:by the end of this year as well'?
o Provide t` the local lead agency and the State Geologist
with�s- gnif.icant--enforcement author ity_.—The_lea"
agency or,the,State can-issue=a_notice-of v o-lation
fgllowing An,.,inspectioonn,, which will allow the operatto
30_da-y_s to-correet�_thewolat=ion:=If the'Foperatortdo
rrect w
the- lead -agency. or -the
State-may�issu_e`an_or-cie to- comp-1_y„-,.I_o-x- owes;py =ar
order impos=ing --administrative penalties of up to ;
..
-
- per _day for failure to -cbmplyp-wrth"th-d order: The
order wt1-1 =notytake_ef-f-ect= nti1 ,after -theme locall
G`, I
r=also-hasa-rght to.-appeal•penalty”orders.
ation-amounts to an imminent and substantial
rom
o 'strengtnen tne.,provisions -compe.rring-a iocai ieaa ,
agency,.to consider existing mineral resources in mak
f-landz-:�use-deers-ions --I
o Require the State Board to adopt minimum reclamation
standards by January 1, 1992.
o Enable `the `State Board',,= after a public' -hearing, to
over jurisdiction_ from _ -a lead agency found to_be--
deelinauent in its enforcement of SMARA )
II. Key Compliance Dates
o By July 1, 1991, each operation must submit a report to
the oca lead—agency and State Geolo ist-including a
COPY -or e - a proved re�cTama ion 121an. ( If an appeal
is pending b e tne state Boara, then an approved
plan need not'be attached to the report.) A company
operating without an approved reclamation plan could be
subject to an enforcement action.
o Each operation will be subject.to an annual inspection
by the - local lead.agency or its consultant to determine
compliance with SMARA.
o Operators must secure approval of financial assurances
to cover the costs of reclamation by the end of this
year. Financial assurances may take the form of surety
bonds, letters of credit, or trust funds. If the lead
agency fails -to approve financial assurances by the end
of this year, the operator must file an appeal with the
State Board or'else risk an enforcement action being
brought against it.
If you have any_questions regarding the above, please do not
hesitate to call Tom Donnelly at the above number.
a
rL
NVA'I E, 01; CALWOKNL\ •
0DITARTMENI* OF CONSERVATION
DIVISION OF MINIS AND GLOLOGY
MINING OPERATION ANNUAL REPORT FORM - 1991
FORM DMG-2 -- TEST 4/1/91
GENERAL INFORMATION
Beginning in.1991; each mining operation in California annually must report certain information and remit an annual .
reporting fee to the State.(Public Resources Code JPRCJ Section 2207). This form (DMG-2, Mining Operation Annual
Report) was reviewed and approvedby the California State Mining and Gcology Board.
WHO MUST FILE? The owner, lessor, lessee, agent, manager, or other person in charge of any mining operation of
.whatever kind or character within the state must complete this report unless the operation qualifies for an exemption. The
only exemptions available are as follows:
(a). Excavations or grading conducted for farming or onsite construction or for the purpose of restoring land
following a flood or'natural disaster.
(b) Prospecting for, or the extraction of, minerals for commercial purposes and the removal of overburden in
total amounts of less than 1,000 cubic yards in any one location of one acre or less.
(c) Surface mining operations that are required by federal law in order to protect a mining claim, if such
operations are conducted solely for that purpose.
(d) Such other surface mining olierations which the board determines to be of an infrequent nature and which
involve only minor surface disturbances (PRC Sections 2207 and 2214).
Most governmental agencies are exempt from the annual fee requirements (see Government Code Section xxxx). However,
unless the operation meets one of the criteria cited above, governmental agencies still must complete.this form and comply
with the other provisions of the Surface Mining and Reclamation Act.
WIIERE AND WHEN SHOULD 1 SEND THE F0I01 AND Fta:
FEE INFORMATION: Please check the. priate box and enclose the proper fee. that for this year only, the Tee
due is based on the status of the mine and , total acreage covered by the reclamatitm�n. This means that one fee is due
per reclamation plan.
NOTE.- The 'defrnition of "idle" is based on total produclion daring clic previous calendar rear. Sce instructions for
item V11, below, for details.
NOTE. If a plan covers more than one noncontiguous parcel, only one fee is duc; however, if your operation
involves more than one reclamation plan, a fee is dtte for each reclamation plan, even though the operation may
be managed as a single unit.
4
i. MiNiNG OPERATION: indicate the name7 of the operation, the former .namc(s) if any, the name of the current operator,
and the address and telephone number of the .mining operation.
77te Operator is (1) the person in authority at the site of the operation, and (2) normally the person with whom
contact would be made should the lead agency require inunediate action to be taken.
If item I(a) is checked, complete only those additional items indicated (i(b), If, iii, IV, V, Vi, and XiV) and the submitted
by/signature information at the end of the form.
Ii. LEGAL OWNER OF OPERATION: Indicate the name of the legal owner of.thc mining operation, mailing address,
country, and telephone number.
Who owns the operation? This may be a person, corporation, govenjinent agency; or other entity. If the
operation is owned in partnership, supply this information for each partner. Additional space is provided on
Page 4 of the forum, if needed (please use identical format). Ir the owner is the same as the operator, ibu may
enter "same as operator" and leave the remaining areas in this section blank.
if the mining operation was purchased during the previous calendar year, indicate the date that the transfer of ownership
became final
Illi. DESIGNATED AGENT: Each operation must designate a person who, resides in California as its legal agent.. The
designated agent is the person who will receive and accept legal documents for the mining operation on behalf of the legal
owner. Please indicate theAesignated agent's name, mailing address, and telephone number. if the agent is the same person
as the owner oro rpe ator you may indicate "same as owner' or "same as operator' and leave the rest of this section blank,
IV. LANDOWNER INFORMATION:' indicate the name of the landowner, parcel number,, mailing address, country, and
telephone number for each parcel. The -landowner may be a govemnrental entih; such as the U.S. Forest Ser%ice, Bureau of
Land Management, or State Lands Coimnission. Additional space is provided on Page 4 of the form, if needed (please use
identical format). (Please do not complete the shaded areas of this form. These sections are for use in subsequent years.)
iF THE MiNiNG OPERATION INVOLVES MORE THAN ONE NONCONTIGUOUS PARCEL,
iNFORMATiiON REQUESTED IN iTEMS V THROUGH XiiI MUST RE
PROVIDED FOR EACH NONCONTIGUOUS PARCEL. .
Please call (916) 323-9198 if you need additional
conics of Page 2 of this form.
V. LOCATION OF MiNiNG OPERATION: Provide the following information for each noncontiguous parcel:
0 Latitude of the approximate central point, to the nearest second.
0 Longitude of the approximate central point to the nearest second.
4 Quarter Section, Section,
ship, Range, and Base Meridian. For �ple:
(1) NE 1/4, S2, R5E, NfD
.(2) SW 3/4, S1, T3N, R4E, MD
(3) N 1/2, S29, T8S, R2W, H
(4) (all), S30, T9S, R2W, 11
(5) N 1/2 S36 & S 1/2 S25, T14N, R17E, SB
(6) All but S3 & 9 in TON, R3E, SB
• U.S. Geological Survey quadrangle name.
• County.
PLEASE NOTE: Sections, townships, and ranges have not heen s►►n•cyed in parts of California, pa►Yicularly
within Spanish Land Grants. If your operation is widen one of these areas, please help us by indicating the
name of the land grunt (such as, Rancho del Arroyo Chico) instead of section, township, and range.
Additional space is provided on Page 4 of the form, if needed (please use identical format). Also attach a copy of a U.S.
Geological Survey 7S -minute quadrangle map (use a 15-minu(e quadrangle map for.arcas where a 7S -minute map has not
yet been published) and delineate the boundaries of your operation.
Vi. TYPE OF OPERATION: Types of operations arc listed in Appendix A of these instructions. Please indicate the types)
of operations, by code, which arc occurring at this site.
V1i. STATUS: Every mining operation must indicate whether it is active or idle. For the purposes of this annual report, if
your operation's production for calendar year 1990 was less than 10% of the previous maximum annual production, and you
intend to resume operations in the future, that operation is "idle' If the operation's production for calendar year 1990
exceeded 10% of the previous maximum annual production, the operation is 'active.'
Viii. SiZE OF OPERATION: NOTE. COMPLETE ALL PARTS OF THIS SEC77ON THAT APPLY. Mining operations
in California can be permitted, vested, or both. If your mining operation existed prior to January 1, 1976, the acreage that
comprised that operation is "vested..* Most operations approved after January 1, 1970, must have obtained a permit from a
lead agency and are termed 'permitted' operations. if you have acreage which was 'vested; indicate the number of acres in
operation when vested. If you have acreage which was approved through the permit process, indicate the total acres approved
and the permit number. Also indicate acreage in operation on federal lands and the Federal Agency Permit or BLM ID
Number.
iX. RECLAMATION PLAN STATUS: indicate the lead agency which has jurisdiction over your mining operation. in most
cases, a lead agency is the city or county in which the mining operation is geographically located; it may also be the Bay
Conservation and Development Commission (BCDC). FEDERAL AGENCIES ARE NOT SMARA LEAD AGENCIES. if
the lead agency already has approved a Reclamation Plan for your mining operation, so indicate with date of approval.
Current law requires that a copy of your approved Reclamation Plan, with any conditions, and proof of lead agency approval
be included with your initial annual report. Examples of 'proof of approval' arc: a copy of the lead agency's minutes
indicating that approval was granted, a letter from the lead agency's decision-making body or designee (e.g., city manager,
county executive officer or city/county planner), or an official city/county approved stamp on your document indicating that
approval was granted and the date of approval. Check the box indicating that you have enclosed a copy of the mining
operation's approved Reclamation Plan and proof of lead agency approval. if you have submitted your operation's
Reclamation Plan to the lead agency but approval has not been obtained, so indicate with date of -submittal. If your approval
of your reclamation plan has been appealed to the State Mining and Geology Board, please write 'APPEAL PENDING' in
the blank that follows 'submitted on'.
X. DISTURBED ACREAGE INFORMATION: This section should indicate the number of acres subject to the Reclamation
Plan and the operation's changes in disturbed acreage during the previous calendar year (January 1 to December 31, 1990).
NOTE These numbers relate to one another according to the following fonnula:
Lines (a) + (b) -(c) = (d)
You also must report the current statuF oamation for each noncontinuous parcel �s a part of your nperation. if you
have not started to reclaim disturbed acreI s outlined in your approved Reclammin0an, check 'Reclam ►tion not
started.' If reclamation has begun, check 'Rcclamation in progress' and attach a copy of the Reclamation Plain map
indicating reclamation actions already taken (for example, 'areas already reclaimed', 'areas undergoing reclamation", etc.); this .
map should include all reclamation activities taken up to and during the prc%ious calendar year. If reclamation was
completed on or before December 31, 1991, check "Reclamation completed.'
X1. FiNANCIAL ASSURANCES: (Shaded areas are not required to he completed until the 1992 Annual Report.) FOR
YOUR INFORMATION- FINANCIAL ASSURANCES ARE NOW REQUIRED BY LAW Alining operations in existence as of
December 31, 1990, have until January 1, 1992 to receive approval from lead agencies for financial assurances. As of January 1,
1991, any new mining must have an approved financial assurances before operations begin. 71re financial assurances must be
adequate to cover the cost of reclaiming the total disturbed acreage at each mining location. (Examples of "proof of lead agency
approval" are given in the instructions for item IX, above.)
XII. PROOF OF SMARA RECLAMATION iNSPECTION:. (Shaded areas are not required to be completed until the 1992
Annual Report.) FOR YOUR INFORMATION* CURRENT LAW REQUIRES THAT EACH MINING OPERATION BE
INSPECTED ANNUALLY BY THE LEAD AGENCY. In 1992, you will be required to attach a copy of the lead agency's
reclamation inspection report (Form DMG-1) to this annual report (Form DMG-2).
X111. ASSESSED VALUE OF OPERATION: Indicate the current total assessed value of the mining operation, as established
by the county in which your operation is located.
XiV. MINERAL PRODUCTION FOR CALENDAR YEAR 1990: NOTE: SOME OF THIS INFORMATION iS
CONFIDENTIAL and will be used cumulatively by the Division of Mines and Geology to determine the mining industry's
economic benefits to the State. State law requires that the list of commodities produced be provided annually to lead
agencies (as well as the State). However, ALL OTHER REQUIRED PRODUCTION iNFORMATiON WILL RE KEPT
CONFIDENTIAL AND WiLL NOT SHOW ON THE LEAD AGENCY COPY.
indicate the commodities produced at this mining operation, and the lotal production and units of measure for each
commodity. See Appendix B for a list of commodities and appropriate wets of measure that must be used for each.
SUBMITTAL INFORMATION: The owner, lessor, lessee, agency, manager, or operator may submit this mandatory Mining
Operation Annual.Report to the Department of Conservation's Division of Mines and Geology. The person submitting this
information must provide his or her name,.titie, address and telephone number in the space. provided. This information is
submitted under penalty of perjury. Your relationship to the mining operation must be indicated. If 'other person' or'Lead
Agency Representative is checked, you must specify your relationship to the mining operation in the blank provided.
i m and date the form.
Mail white copy (each page), the appropriate reporting fee, and all rewired enclosures to: Department of Conservation,
Division of Mines and Geology, Mine Reporting and Reclamation Compliance Unit, 620-C i3ercut Drive, Sacramento,
California 95814.
Mail blue copy (each page) to: your lead agency.
Retain Yellow copy for your records.
State of California
DEPARTMENT OF CONSERVATION
;,MINING -OPERATION ANNUAL REPORT
0MG-2 TEST Page -1 (New 3191)
R DMG USE ONLY
IMP IDS
MINE NAME.
Mine Reporting Fee Remittance
Mailing Address
city —
Please
check the appropriate box below and enclose the proper annual fee. FOR FISCAL
YEAR 1991-92 ONLY,
each active
mining
operation must remit a tee that is based on the total acreage covered by each reclamation
plan. Please see the instructions
for more information.
13 46 CHANORS PROu LAST REPOtiTI!!0 IPEt1100
❑
Idle Mine, regardless of size
ENCLOSE
•••$100.00
❑
Active Mine, one acre or less in size
ENCLOSE
... $50.00
❑
Active Mine, 40 acres or more in size
ENCLOSE
•••$2,000.00
❑
Active Mine, 1 to 40.acres in size:
AM oviurENCLOSE
Acreage covered by reclamation plan: X $50.00
❑
New Mine, permitted but not yet in operation
ENCLOSE
•••$100.00
❑
I claim exemption as a governmental agency under Government Code Section
x x X x
I. Operation Name
Operator
State
Street Address
ZIP
Former Name (it applicable)
Mailing Address
i(a) ❑
No bhger In operation with n0 Intent to resume operation. It checked. complete items I(b), 11, Ill, IV, V. VI, and XIV.
I(b)
❑ Yes ❑ No Reclamation Completed. Date financial assurance released
IL Owners Name
Mailing Address
city —
S1aIs0P Code
Country
Telephone
Was this operation purchased during previous calendar year
❑ Yq ❑ lila It yes, date of purchase
111. Designated Agent's Name
Mailing Address
city
ZIP
Telephone
IV. Landowner
Parcel
Mailing Address
Telephone
City/Slat&OP
Country
13 46 CHANORS PROu LAST REPOtiTI!!0 IPEt1100
DISTRIBUTION: White —State Blue — Lead Agency Yeflow — Operator
State of 4allfornla
OEPAR7MENT OF -CONSERVATION
-MPi LING OPERATION ANNUAL REPORT
DMG-2 TEST Page -2 (New 3/91)
MINE NAME:
DMG USE ONLY j
ll IDS
NOW
IF THE MINING OPERATION INVOLVES MORE THAN ONE NONCONTIGUOUS PARCEL. INFORMATION REQUESTED IN ITEMS V THROUGH XIII
MUST BE PROVIDED FOR EACH NONCONTIGUOUS PARCEL.
V. Latitude
SURVEY
Longitude
v.Sect. Sect. Township. Range. Base Meridian
Quad Name
County
_ _ _
_ _ _ _ _ _ _ _ •..1 . -1& AC C A^U
unurnuTrr_t tnl
IC PARCEL
ATTACH NAMED U.S. GEOLOGICAL SURVEY MAN -7.a or 1D QUAD Snv..inv dUU—i—F.0 W, ..•--__ ..-..___
VI. TYPE CODE SEE INSTRUCTIONS FOR TYPE CODE
VII.
Active 1:1 Idle It seasonal or other than lull time, typically active FROM TO
VIII. PLEASE CHECK ALL THAT APPLY ❑
Permitted: Acres 8 Permtl If
Vested: Acres disturbed prior to January 1. 1976 0 Federal Lands: Acres & PermiVID e
IX. Lead Agency (city. county. BCDC)
Reclamation Plan (Check one) D
Approved on (date) � Pending. Submitted on (dale)
13 Chedt If applicable: Copy of approved Reclamation Plan (with any conditions) attached with proof of approval.
X. Number of Acres Subject To Reclamation Plan
FORMULA: (e) . (b) • (c) = (d)
a. Approximate cumulative unreclaimed disturbed acreage at beginning of previous calendar year
b. Approximate total acreage disturbed during previous calendar year
C. Approximate total disturbed acreage reclaimed during previous calendar year
d. Approximate total unreclaimed disturbed acreage remaining at end of calendar year
0 Reclamation not staved
Redamallon In progress (attach updated reclamation plan map indicating progress)
Reclamation completed
I approved by tend agency: a chested, ettadt copy.
I pertdtitg appeaF. ,. ..•:..:;�... :;. .. .:. .:..: �.
XIL Currem total assessed value of mining operation as established by County Assessoes Office
DISTRIBUTION: While — State Blue — Lead Agency Yellow — Operator
.State of sa�romia R DMG USE ONLY
DLP,ARTMENT OF CONSERVATION
MI.N11`9 /OPERATION ANNUAL REPORT AN IDS
0MG-2 TEST Page -3 New 3/91 MINE NAME:
XIV- • MINERAL PRODUCTION FOR CALENDAR YEAR 1990
THE REOUIRED MINERAL PRODUCTION INFORMATION IS PROPRIETARY AND WILL BEXEPT CONFIDENTIAL. IT WILL NOT SHOW ON THE LEAD AGENCY RECORD. IF
NO MINERALS PRODUCED, CHECK HERE ❑ AND DO NOT COMPLETE TABLE.
Commodity Total Mineral Production I Units of Measure
SUBMITTED BY:
Name and Title (Please print)
Mine Operation Name ,
Address of submitter
City/State/ZIP
I certify the above information is true and correct under the penalty of perjury and that I am:
❑ OWNER ❑ LESSOR ❑ 7 LESSEE El AGENT, ❑ MANAGER ❑ OPERATOR OR �❑ OTHER PERSON (specify title)
------------
(Title) In charge of this mining operation or ❑ LEAD AGENCY REPRESENTATIVE (specify title)
(Tice) -
/1
SIGNATURE OF SUBMITTER DATE
i.
Please mail to:
DISTRIBUTION: White — State
DEPARTMENT OF CONSERVATION
Division of Mines and Geology
Mine Reporting and Reclamation Compliance Unit
620-C Bercut Drive
Sacramento, CA 95814
Blue — Lead Agency
Yellow — Operator
STATE OF,JCNLIFORNIA - THE Re* 'ES AGENCY <' • PETE- WILSON; Governor
DEPARTMENT OF CONSERVATION '
STATE' MINING AND GEOLOGY -,BOARD
1416 Ninth Street, Room 1326=Ar
Y
Sacramento, CA 95814
James A. Anderson, Chairman - . .. - - •� .
Bob Grunwald
DeWayneHolmdchl R Telephone: (916) 322-1082
I.M.ldriss r.. .. .n
TDO Line: 1 916) 324-2555
J.M. Jock Lucas
R. Gary Miller i
r',1r 1.
November 26, 1991, -
-.'Bettye
Bettye Kircher f. -
Planning Director
'"- .Butte County•Planning Dept.
,-,P.O- Box 3700 I
Chico, CA 95927
Dear -Mayor Ms`. Kircher: i
As you know, the,Surface Mining and Reclamation Acti("SMARA"; '
copy enclosed) section 2774(e) was recently amended to require
that all lead agencies -forward copies of approved permits'for
each,active and idle mining operation within their jurisdiction
and any conditions -or amendments to such permits, Ito•the State by
July 1;_'1991. The Butte County Planning Dept. has:been notified
of-thisrequiremerit-.several times over the past year, .and more .
recently in -letters -from the Department of Conservation's Office
rt of Mine Reporting and Reclamation Compliance. (Copies of the
April 23 and August 7, 1991 correspondence enclosed.): The.Butte
County Planning Dept -.'has yet to comply with theselprovisions..'
As you may,also know„,pursuant to SMARA section 2774.4(a).the
State Mining and Geology Board ("the Board") may take over lead
,agency responsibilities, except permitting, as defined in`SMARA
in cases where 1. a lead agency has: "...(6) failed to submit
' information to the Department -as, -required by_this_chapter.,..".
Prior to initiating proceedings to -take,. over lead agency
jurisdiction, . a Notice of Deficiencies_ will be - sent to,he lead
agency, and the Board will.schedule a public hearing for purposes
J of reviewing the-merits�of-asserting lead agency jurisdiction, -
for all mining operations located within,the.Butte County
Planning Dept.'s,�Juirisdiction.
To ensure compliance --with State, .law; ' and to prevent 'the
possibility'of lead agency takeover, -please send copies of al -1
mining permits within your jurisdiction.within 30 days of receipt
of -this letter,' to Mr.: Dennis J. O' Bryant,, `Chief, Office of Mine
Reporting and Reclamation Compliance', 620=C Bercut Drive,,
Sacramento, California,. 95814.
o
K' `. a* `� ; - - �7 a . • 'sec T' - ,.
dile No. �JO
-BUTTE COUNTY (For Action 11 2, 3) i� tiY•
Public Works Dept. (For formatiln ✓ ` �'
Director
t
Dep. Dir. `f
Sec. _ �,., .. - •r
1 Rd. & Br. Mtce. r e M r
Shop & Yards
Ins Admin.
_ - Design Engr.
Bridge Engr.
' Constr. Engr.
t Surveys
Mapping
Transp.
rill,
t ;
�i
Land Dev.
Drng. /$-I.
•. Sub. & Pct. Maps r v!
k" Permits- - .�.
01
. Addr.
fl
' y' \
Butte County Planning Dept.
November 26, 1991
Page Two
If you have any questions regarding this matter, please contact
Ms. Deborah L. Herrmann, Executive Officer, State Mining and
Geology Board, 1416 Ninth Street, Room 1326-A, Sacramento,
California, 95814, telephone (916) 322-1082.
Sincerely,
James A. Anderson
Chairman
Enclosures
cc:. Mr. Dennis O'Bryant .
STATE OF C;,L,ZFORNIA--SHE RESO _ AGENCY
PETE WILSON, Governor
DEPARTMENT OF CONSERVATION I NEW
MINE REPORTING AND RECLAMATION COMPLIANCE UNIT
620-C Bercuc Drive
SACRAMENTO, CA 95814
Phone (916) 3239198
FAX (916) 324-1396 April 23, 19 91
BBS (916) 327-1208
2-, 3? -
County of 1-
6-
7- 8 -
Dear 11-:
As you may know, Chapters 1097 and' 1101 (AB 3551/3903, Statutes of 1990)
significantly altered The Surface Mining and Reclamation Act of 1975 (SMARA)
and added requirements that each mining operation annually report specified
information to the State and to local agencies. The Mine Reporting and
Reclamation Compliance Unit (MRRCU) will mail the Mining Operation Annual
Report form (Form MRRC-2) to mine operators in early May. We have enclosed a
list of mine operators, and their mailing addresses, which are known by us to
be operating in your jurisdiction. Please check this list against your files
and notify us by May 3rd of any omissions or corrections needed.
This letter should also serve as a reminder that SM,&RA §2774(e) requires lead
agencies to submit by July 1, 1991, copies of existing mining permits for all
active and idle mining operations within their jurisdictions, along with any
conditions or amendments to the permits. These copies should be mailed to our
office at the above address.
The new law also states that', after the initial reporting date, the State
Geologist will set an anniversary date for each mine to report. on an annual
basis; the anniversary date could be the same for all mines within your
jurisdiction, or it could be staggered. At the present time, we are
considering setting four anniversary dates, on a quarterly basis, throughout
the year. If your office prefers staggered reporting dates, you may also want
to forward to us a proposed schedule for your mines (taking into consideration
that SMARA §2774'(b) requires lead agencies to "conduct an inspection of each
mining operation with six months of receipt of its annual report).
In some cities and counties, more than one department is responsible for
implementing SMARA. Please provide us,with the name and address of a contact
person in each of the departments that have SMARA responsibilities, so that we
may improve our communications.
_` '-ave .Wv eues tions regarding implementation of SMARA, please do not
hesitate to contact me at (916) 323-9198 or Deborah L. Herrmann, Executive
Officer to the State Mining and Geology Board, at (916) 322-1082.
Sincerely,
Theodore C. Smith
Interim Manager
TCS:efh
Enclosure
cc: Deborah L. Herrmann
August 7,' 19 91
2-'
3?-
4?-
6-
7- 8 -
(9 16) 322-1080
Dear 11-:
The Department of Conservation has received annual reports for
mining operations in your jurisdiction. By now, you should have
received copies of those reports -from the mining operators.' We.
have enclosed a list of mining operations which -have listed your
jurisdiction as their Surface Mining and Reclamation Act (SMARA)
lead agency. Included is -each mine's California Mine I.D.
Number, which must be used on the',inspection form (MRRC-1)
prepared for each mine by your agency.
Your.files should"be checked to ensure that these operations are
within your jurisdiction; it is possible that some mines within
county jurisdiction have reported themselves within cities or
vice versa. Also, if'there.are mines on the list for which you
have not received a report, please contact us. Conversely, if
you have reports which do not appear on*the list,'please send us
a copy.
Furthermore, two SMARA issues are appropriate to mention at -this
time:
IDLE MINES
Mine operators within your jurisdiction have.reported their
operations as "idle." As a reminder, lead agencies have three
ongoing duties under the Public Resources Code regarding idle
mines.
1. Mining operations which are "idle" must submit an interim
management plan to lead agencies for approval within 90 days
of their becoming idle. "Idle" is defined as curtailing for
a year or more surface'mining operations by more than 90
percent of the operation's previous maximum annual mineral
production, with the intent to resume mining operations at a
future date.
Because a number of operators and lead agencies may have been
unaware of this requirement }prior to the filing of the annual
reports, the interim management plans should be considered to
be due no later than 90 days from Your receipt of this letter.
2 -
Page Two
October 16, 1991
Since the annual reports covered the calendar year 1990, any
mine reporting itself as idle for that year is by definition
currently idle, with an interim management plan now required.
SMARA Section 2770 (h) details the procedures for approving
interim management plans. Since the interim management plans
are defined as amendments to the operation's reclamation"
plans, they must be submitted to the Department of
Conservation for review 45 days prior to approval.
If'no interim management plan is approved within -one year of
the mining operation becoming idle, the operator is required
to commence reclamation in accordance with the approved.
reclamation plan.
2.• Financial assurances must be approved by the lead agency for
any idle mines, as provided in Sections 2770 and 2773.1.
3. Inspections of idle mines must be completed at least
annually, as provided in Section 2774 (b).
PERMITS
SMARA Section 2774 (e), requires each lead agency to submit a
copy of the mining permit and any amendments for all active and
idle mining operations within its jurisdiction by July 1, 1991.
your agency was informed of this requirement in an April 23, 1991
letter from our Office. As of August 1, 1991, the required
copies of the permits have not been received from your
jurisdiction.
Section 2774 (e) also states that failure to file the information
requested by this,Section shall be cause for action under Section
2774.4, which sets procedures for the State Mining -and Geology
Board to assume SMARA lead agency authority.
In accordance with these Sections, please send copies of all
mining permits within your jurisdiction as soon as possible. If
we can help'you with any additional information, or answer any
questions, please contact the Office of Mine Reporting and
Reclamation Compliance at (916) 323-9198.
.._ncerely,
Dennis J. O'Bryant
Chief, Office of Mine Reporting
and Reclamation Compliance
DJO•tml
Enclosure
cc: Deborah Herrmann, SMGB
s
n
1Y ri
STATE_OF. "CALIFORNIA - -THE RE i S AGENCY
DEPARTMENTOF 'CONSERVATION.g
STATE MINING AND GEOLOGY BOARD
1416 Ninth Street, Room 1326-A
Sacramento, .CA 95814 `
James A. Anderson, Chairman
Bob Grunwald
DeWayne Holmdahl
I.M. Idriss
J.H. Jock Lucas '
�,.tk ..� ,cam• �
R. Gary Miller .. -,„.,r._,.,._—,.«
•� 1 , r
PETE WILSON, Governor
.le o
Telephone: (916) 322-1082
TDD Line: (916) 324-2555
November 26, 1991
.. �r..i i - i -fit•:. ty4'�N'4;"',W !.l
Honorable Jane Dolan
Chairwoman
Butte County Board.of Supervisors
P.O. Box 3700
s ..
Chico, CA 95927 +
Dear Chairwoman Dolan:
As you know, the Surface Mining and Reclamation Act �(11SMARA11;
copy enclosed) section 2774(e)Iwas recently amended to require
that all lead agencies forward copies of approved permits for
each active and idle mining operation within their jurisdiction,
and any conditions or amendments'to such permits, to the State by
July 1, 1991. Butte County has been notified of this requirement
several times over the past year'—and-more-recently;in letters
from the Department of Consex-Vation's Office of Mine Reporting
and Reclamation Compliance. (Copies of the April 23 and October
16; 1991 correspondence enclosed:) Butte County has yet. to
comply with these -)rovisions.
I r
As+you may also knew, pursuant to.SMARA section.,2774.4(a) the
State Mining and Geology Board ("the'Board"), may take over lead
agency responsibilEties, except permitting, as defined in SMARA
incases where a lead agency Pias:-".. (6) failed`to submit
information to the DepartmentJas`required by,this chapter..:":
Prior to initiating proceedings to take over lead agency
jurisdiction, a No -ice of Deficiencies will be sent to the lead
age ncy;Wand-'the-Board-will schedule a public hearing for purposes
of reviewing the merits of asserting lead agency jurisdiction,
for all mining operations"located within.Butte County's
jurisdiction..'
To ensure compliance with State law, and,to prevent the
possibility of lead agency takeover, please'send copies of all
mining permits within your jurisdiction within 30*days of receipt
of this.letter, to Mr. Dennis J:.O'Bryanti Chief, Office of Mine
Reporting and Reclamation Compliance, 620-C Bercut Drive,
Sacramento, California, 95814.
Y
r
Supervisor
District 2, Butte County
(West, South, and Downtown
Chico; Chapmantown; Nord)
County Building
196 Memorial Way
Lnia 95926ss.nia 9592730
r
�t
n, .
JBUTTE COUNTY
,Public Works Dept.
(Fo_,-A:c4ion 1, 2]3)
(For)nformaton
Director
Dep. Dir.
Sec.
Rd. & Br. Mtce.
Shop & Yards
Bldg. Insp. Admin. ,.
Design Engr.
Bridge Engr.
�Constr. Engr.
Surveys
� �. � y. �,
Mapping
til',.
+� f=.:. Ot,"C•``.rt..,
< "
Land Dev.
F
Sub. & Pc.l. Maps
Addr.�
r i�t• iy\C � !i ^ 1.\; t.\•'
° . r _ .,.
.. ..
. e. `
...w .r -. i•.. -� �
.SI �T
_
_
E OL` ,
Supervisor
District 2, Butte County
(West, South, and Downtown
Chico; Chapmantown; Nord)
County Building
196 Memorial Way
Lnia 95926ss.nia 9592730
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,Public Works Dept.
(Fo_,-A:c4ion 1, 2]3)
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Chairwoman Dolan
November 26, 1991
Page Two
If you have any questions.regarding this matter, please contact
Ms. Deborah L. Herrmann, Executive Officer, State Mining and
Geology Board, 1416 Ninth Street, Room 1326-A, Sacramento,
California, 95814, telephone (916) 322-1082.
Sincerely,
James A. Anderson
Chairman
Enclosures
cc: Mr. Dennis O'Bryant
County Planning Director
STATE OF CALIFORNIA --TSE RESOUVIE AGENCY
DEPARTMENT OF CONSERVATION.
MINE REPORTING AND RECLAMATION COMPLIANCE UNIT
620-C Bercut Drive
SACRAMENTO, CA 95814
Phone (916) 323-9198
FAX (916) 324-1,396
BBS (916) 327-1208
2-, 3? -
County of 1-
6-
7 -
Dear 11-:
PETE WILSON, Governor
April 23, 1991
As you may know, Chapters 1097 and 1101 (AB 3551/3903, Statutes of 1990)
significantly altered The Surface Mining and Reclamation Act of 1975 (SMARA)
and added requirements that each mining operation annually report specified
information to the State and to .local agencies. The Mine Reporting and
Reclamation Compliance Unit (MRRCU) will mail the Mining Operation Annual
Report form (Form MRRC-2) to mine operators in early May. We have enclosed a
list of mine operators, and their mailing addresses, which are known by us to
be operating in your jurisdiction. Please check this list against your files
and notify us by May 3rd of any omissions or corrections needed.
This letter should also serve as a reminder that SMARA §2774(e) requires lead
agencies to submit by July 1, 1991, copies of existing mining permits for all
active and idle mining operations within their jurisdictions, along with any
conditions or amendments to the permits. These copies should be mailed to our
office at the above address.
The new law also states that, after the initial reporting date, the State
Geologist will set an anniversary date for each mine to report on an annual
basis; the anniversary date could be the same for all mines within your
jurisdiction, or it could be staggered. At the present time, we are
considering setting four anniversary dates, on a quarterly basis, throughout
the year. If your office prefers staggered reporting dates, you may also want
to forward to us a proposed schedule for your mines (taking into consideration
that SMARA §2774(b) requires lead agencies to conduct an inspection of each
mining operation with six months of receipt of.its annual report).
In some cities and counties, more than one department is responsible for
implementing SMARA. Please provide us with the name and address of a contact
person in each of the departments that have SMARA respons.ibilities,. so that we
may improve our communications.
If you have any questions regarding implementation of SMARA, please do not
hesitate to contact me at (916) 323-9198 or Deborah L. Herrmann, Executive
Officer to the State Mining and Geology Board, at (916) 322-1082.
Sincerely,
Theodore C. Smith
Interim Manager
TCS:efh
Enclosure
cc: Deborah L. Herrmann
I
October 16, 1991
Dear it-:
(916) 322-1080
The Department of.Conservation has received annual reports for
mining operations in your jurisdiction. By now, you should have
received copies of those reports from the mining operators. We
have enclosed a list of mining operations which have listed your
jurisdiction as their Surface Mining and Reclamation Act (SMARA)
lead agency. Included is each mine's California Mine I.D.
Number, which must be used on the inspection form (MRRC-1)
prepared for each mine by your agency.
Your files should be checked to ensure that these operations are
within your jurisdiction; it is possible that some mines within
county jurisdiction have reported themselves within cities or
vice versa. Also, if there are mines on.the list for which you
have not received a report, please contact us. Conversely, if
you have reports which do not appear on the list, please send us
a copy.
Furthermore, two SMARA issues are appropriate to mention at this
time:
IDLE MINES
Mine operators within your jurisdiction have.reported their
operations as "idle." As a reminder, lead agencies have three
ongoing duties under the Public Resources Code regarding idle
mines.
1. Mining operations which are "idle" must submit an interim
management plan to lead agencies for approval within 90 days
of their becoming idle. "Idle" is defined as curtailing for
a year or more surface mining operations by more than 90
percent of the operation's previous maximum annual mineral
production, with the intent to resume mining operations at a
future date.
Because a number of operators and lead agencies may have been.
unaware of this requirement prior,.to`:the--filing of .the. annual
reports, the interim management plans should. be considered to,
be due no later than 90 days from your receipt of this letter.
2-
Page Two
October 16; 1991
Since the annual reports covered the calendar year 1990, any
mine reporting itself as idle for that year is by definition
currently idle, with an interim management plan now required.
sMARA Section '2770 (h) details the procedures for approving
interim management'plans . Since the interim management plans
are defined as amendments to the operation's reclamation
plans, they must be submitted to the Department of
Conservation for review 45 days prior to approval.
If no interim managemerit plan is approved within one year of
the mining operation becoming idle, the operator is required.
to commence reclamation in*accordance with the approved ..
reclamation plan.
2. Financial assurances must be approved by the lead agency for
any idle mines, as provided in Sections 277-0 and 2773.1.
3. Inspections of idle.aiines must be completed at least
annually, as provided in Section 2774 (b).
PERMITS
SMARA Section 2774 (e), requires each lead agency to submit a
copy of the mining permit and.any amendments for all active and
idle mining operations within its jurisdiction by July 1, 1991.'
Your agency was informed of this requirement in an April 23, 1991
letter from our Office. As of August 1, 1991, the required
copies of the permits have not been received from your
jurisdiction.
Section 2774 (e) also states that failure to file the information
requested by this Section shall be cause for action under Section
2774.4, which sets procedures for the State Mining and -Geology
Board to assume SMARA lead agency authority.
In accordance with these' Sections, please send copies of all
mining.permits within your jurisdiction as soon as possible.,. If
we can help you with any additional information, or answer any
questions, please contact the Office of Mine Reporting and
Reclamation -Compliance at (916) 323-9198.
DJO:tml
Enclosure
cc: Deborah Herrmann, SMGB;
sincerely,
Dennis J. O'Bryant
Chief, Office of Mine Reporting
and Reclamation Compliance
U
STATE OF CALIFORNIA—THE RESOURCES AGENCY PETE WILSON, Governor
DEPARTMENT OF CONSERVATION
DIVISION OF ADMINISTRATIVE SERVICES
DIVISION OF MINES AND GEOLOGY ti
DIVISION OF OIL AND GAS
DIVISION OF RECYCLING
1416 Ninth Street
SACRAMENTO, CA 95814
TDO (916) 324-2555
ATSS 454-2555
(9 16) 322-1080
November 18, 1991
TO SURFACE MINING AND RECLAMATION ACT LEAD AGENCIES
The Surface Mining and Reclamation Act of 1975 (SMARA) Section
2774 (b), as amended, requires lead agencies to conduct an annual
inspection of each surface mining operation to determine.whether
the operation is in compliance with SMARA. This section•�also
states:
The lead agency may cause such an inspection to be "
conducted by a state -registered geologist, state -
registered civil engineer, state -licensed landscape
architect, or state -registered forester, who is
experienced in land reclamation and who has not been
employed by the mining operation in any capacity during
the previous 12 months. (Emphasis added)
Any individual conducting an annual inspection must be under'
contract with the lead agency. The mining operation being
inspected cannot contract for the inspection because the
inspector would be employed by the operation in violation of
Section 2774 (b).
The operator, however, is solely responsible for the reasonable.
cost of the inspection and should pay those charges to the lead
agency.
A mine inspection report made by an individual under contract
with the mining operator cannot be accepted by the Department of
Conservation as an approved annual inspection.
Should you or your staff require additional information on SMARA
please contact our Office at (916) 323-9198.
Sincerely,
'0'
Dennis J. O'Bryant
Chief; Office of Mine Reporting
and Reclamation Compliance
DJO:TRK:tml.
cc: Deborah Herrmann, Executive Officer SMGB
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TO: ,' ' Bill Cheff
FROM:. Tom Last Oo4,
SUBJECT: Surface Mining and Reclamation Act (SMARA) changes,
DATE: . ` August 29, 1991
Please- review. the attached Draft Memo and make any;.necessary, comments.' The
'Planning Department would like to put this item on the September 24, ,1991 Board of
' Supervisors meeting agenda.
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DRAFT
Inter -Departmental Memorandum
TO: Board of Supervisors
FROM: Planning Department
SUBJECT: Changes to the Surface Mining and Reclamation Act (SMARA)
DATE: September,' 1991
Assembly Bills 3903 and 3551, approved in 1990, created significant changes to the
.Surface Mining and Reclamation Act of 1975. The changes established new duties and
responsibilities for the County to fulfill in regards to mining operations. Therefore, it
is necessary that the County modify and update Chapter 13 of. the Butte County ' Code
(Grading and Mining) and consideralternative implementation measures. The areas of
change include:
1. _ All mining operations within the County that exceeds SMARA threshold levels
(over 1;000 -cubit -yards -or one acre in size) -must -f le -an -annual reportof the
mining operation. Also included is a requirement for. the County to set an annual
reporting date in which each mining operation must submit their annual report.
All annual reports were to be submitted by July 1, 1991 for the base year and
the County could then establish annual, dates for each operation. Non-compliance
by the mine operators could result in daily fines being assessed by the State.
2. Requires the County to conduct an annual inspection within 6 months of receipt
of a mining operation's annual report. Results of the inspection must be sent to
the State.
3. Provides a mechanism for the County to reasonably recoup the costs involved with
the implementation of these changes and directly charge the mining operations.
4. The County must also submit mining permits, reclamation plans, financial
assurances or any amendments to the State for their review.
5. Every active and idle mine operator must submit and receive County approval by
January 1, 1992 of financial assurances to guarantee reclamation or operations
must cease. Financial assurances include surety bonds, trust fund or an irrevocable
letter of credit.
6. All "idle" mines must submit an Interim Management Plan to. the County.
y
The changes also include provisions for the State Mines and Geology Board to assume
the Lead Agency role in reclamation plan approval, enforcement, inspection and fee
charging authority should the County fail to carry out its responsibilities. The State
would take over the SMARA regulations for a minimum of 3 years and then review the
County's ability to meet the responsibilities.
A related item that has been discussed by the Board of Supervisors and referred to staff
for further review is the. signing of a Memorandum of Understanding (MOU) with the
Bureau of Land Management (BLM) to allow the County to become Lead Agency. for
mining operations on BLM lands. Staff would support this agreement in order to permit
more local and consistent. control. There are several mining operations now occurring
on BLM lands that would fall under County control if the MOU is signed. The County
would, therefore, be responsible to ensure the SMARA regulations are complied with.
There are several courses of action that the County could pursue in respect to •the
SMARA regulations. First, the County could develop" a fee schedule to cover the costs
associated with implementation. This would primarily consist of reviewing the annual
report and conducting the annual inspection. - Since the time expected to implement these
changes would vary extensively, either a flat deposit with additional billing based 'upon
time spent beyond the deposit or a flat hourly rate based on accurate time accounting
would be appropriate. It would be appropriate to expand the duties of the County
Mitigation Monitor to enforce the State regulations.
Secondly, the County could utilize a consultant to prepare and initiate a program to
implement the SMARA regulations. This would still require the County to be involved
in the process and would also add costs to the mine operator's annual fees.
The final course of action that the County could take would be to do nothing. This
would eventually result in the State Mines and Geology Board taking over Lead Agency
responsibilities-for-,a-minimum-of-3-years.—T-his--could-be=a-benefit for-the=County-since -----
the State could establish the program. However, this would also lead to increased costs
for the mine operator and less local control over reclamation and environmental
concerns.
RECOMMENDATION
1. Direct staff to amend Chapter 13 of the Butte County Code to include the 1990
SMARA changes.
2. Direct staff to establish a fee recovery program to pay for implementation of the
regulations.
3. Direct staff to ensure that all mine operations have submitted annual reports.
This will entail researching records and working. with the State to determine
applicable mines.
4. Direct staff to develop a program to implement these changes.
5. Request the Board of Supervisors sign the MOU with the Bureau of Land
Management to permit the County to become Lead Agency for mining operation
on BLM lands.
Ad
2
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SMARA Lead Agencies
September 23, 1992
Page 2 Ow�p
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As previously mentioned, the Financial Assurance Sub -committee is
.also working on the development of financial assurance mechanisms
regulations which may ultimately include liens and/or deeds of
trust as acceptable financial assurances. It i.s my hope that a
draft of these regulations.: will .'be released for' public comment by
the end of the year. Please be assured that you will be included
in the review process.
Please'note that;the Board and' -the Department understand the, -
di7fficulties lead agenc,ies,are.experiencing in the,implementation
of the financialassurance provisions and thus, they continue to
honor the'good faith efforts of'those agencies•attempting to
comply with these complex requirements.
The Board continues to receive information on the'complex'issue
of financial assurances, and encourages input from' -your staff and
affected persons. Please send,your comments to the Board at
MS 09-05, 801 K,Street, Sacramento, California, 95814-3500, or
:telephone (916) '322=1082.;; If you 'have any, questions, "please
contact Ms. Denise M`: Jones,.Executive,-Officer at the above,
number, or the Office of -Mine"Reporting and Compliance at
(916) 323-9198.
J
Sincerely,
:1
f
James A. Anderson
Chairman
cc: Dennis O'Bryant, Chief
OMRRC
James Davis,. State. .Geolo'sit_
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STATE OF CALIFORNIA -THE RESOURCES AGENCO PETE WILSON, Governor +
DEPARTMENT OF CONSERVATION
MS 09 -OS '
STATE MINING AND GEOLOGY BOARD
801 K Street
Sacramento, CA 95814-3528 m.
James A. Anderson. Chairman,
De Wayne Holmdahl - September 23, 1992
Bob Grunwald ° :�'•. Telephone: (916) 322-1082
R. Gary Miller TDD Line: (916) 324-2555
Julie Mann —
Raymond Krauss {
Lee Thibadeau r
To All SMARA Lead Agencies:
,RE: Financial Assurances For Reclamation
^' As you know, Section 2770 of -the Surface Mining 'and Reclamation
-Act (SMARA, Public Resources Code Section 271,0'et seq.) requires
that al -1 =suiface:.mining operations must, obtain., :-lead..agency
issued mining permit,',a lead agency approvedreciamation.plan,
and lead agency approved financial assurances -for reclamation.
SMARA Section 2773.1 provides that financial assurances may be in
' the form of (1) a surety bond;- (2) an irrevocable ' letter, of
credit; (3) a ,trust fund or (4),other mechansims which have been
adopted by the State Mining and .Geolgoy.Board (the Board) through
the regulatory process. ' Financial assurances must be made
payable to3,the lead agency,,and the .State Geologist, and are to'be
,reviewed 'and adjusted,' as necessary., 'annually,:. v
Recognizing the difficulties lead agencies and surface -mining
operators are experiencing in complying with SMARA's financial -
assurance requirement; the Board recently established the
Financial Assurances Sub -committee to develop financial assurance
guidelines, and draft regulations authorizing additional
acceptable financial' assurance mechanisms. To date, the, -
Department of Conservation (the Department) has prepared
preliminary draft guidelines and the Board has conducted'two
public input sessions to find ways to assist lead agencies and
operators)in the implementation of the finanical.assurance
requirement.
Based on the information compiled, the Board is further drafting
financial assurance guidelines for -adoption this winter. These
guidelines will address such issues as:"objective; appropriate.
amount; annual review,1procedure; format; term; release; and
beneficiary. The Board is al'so developing a format =for- surety '
i bonds and,irrevocable letters of .credit. The Board anticipates
the release of the draft documents by mid-October. Copies will
be sent to lead agencies, operators, members of the financial
community and other interested person,for review and�comment.,•We
encourage�your-participation in this review process. After
reviewingicomments received on -the drafts, the Board hopes.to.
consider adopting final guidelines at its regulary_scheduled
November business meeting:
a7_r;— .
STATE OF CALIFORNIA - THE RESOURC
DEPARTMENT OF CONSERVATION
DIVISION OF ADMINISTRATIVE SERVICES
DIVISION OF MINES AND GEOLOGY
DIVISION OF OIL AND GAS
DIVISION OF RECYCLING
August 14, 1992
PETE WfLSON-governor
801 K Street, MS 09-06
Sacramento, CA 958143529
(916) 323-9198
TO: SURFACE MINING AND RECLAMATION ACT LEAD AGENCIES
Duringithe past several weeks,,a number of questions have been
received from lead agencies regarding exemptions from the Surface
Mining and Reclamation Act of 1975 (SMARA). A clarification of
State policy regarding the exemptions, contained in SMARA Section
2714 and California Code of Regulations -Section 3505.(a), is as
follows: r
SMARA Section 2714 states that the provisions of the -chapter
shall not apply to I' . Prospecting for, or the extraction of,
minerals for commercial purposes and the removal of overburden in
total amounts of -less than 1,000 cubic yards in any one .location
of one acre or less. . of
Therefore, any operation that either:
1) moves a volume greater than 1,0.00 cubic yards, or
2) disturbs an area greater than one acre, .is subject to
SMARA.
SMARA considers these two conditions as lifetime thresholds, not
annual thresholds. SMARA applies to any operation which has, over
the lifetime of the operation, reached either of these thresholds.
In calculating the area disturbed, SMARA Sections.2735 and 2729
require areas disturbed by the following activities to be included:
• stockpiles,
•
waste piles,
• haul roads,
• plant sites,
• equipment storage, and/or
• any other disturbance associated with the surface
mining operation.
Should you or your staff require additional information on SMARA,
please contact our office at (916) 323-9198 or (916) 322-1082.
Sincerely,
Dennis J. 'Bryan Chief D4Cnia Jones; ecutive Officer
Office of Mine Reporting and State Mining and Geology Board
Reclamation Compliance
z
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STATE OF CALIFORNIA -THE RESOURCES AGENCY PETE WILSON, Governor
DEPARTMENT OF CONSERVATION
MS 09-05 '`....... .
STATE MINING AND GEOLOGY, BOARD
801 K Street
Sacramento, CA 95814-3528 ...
ia
James A. Anderson. Chairman
Dewayne Holmdahl
Bob Grunwald Telephone: (916) 322-1082
R. Gary` Miller TDD Line: (916) 324-2555
Julie Mann
Raymond Krauss APPROVAL OF STATEWIDE RECLAMATION STANDARDS REGULATIONS
Lee Thibadeau
December 16, 1992
TO ALL INTERESTED PARTIES:
On December 16, 1992 the Office of Administrative Law (OAL)
approved the minimum,.statewide reclamation standards regulations
adopted by the State Mining and Geology Board at its
September 11, 1992 business meeting. The regulations, which will
be filed with the Secretary of State today, will take effect
January 15, 1993, and will appear as sections 3700 through 3713
in Chapter 8, Title 14 of the California Code of Regulations.
If you are interested in receiving a copy of the regulations,
please write or telephone the Board at 801 K Street, MS 09-05,
Sacramento, California 95814, (916) 322-1082.
Sincerely,
� � c
se M. Jones
Executive Officer
DMJ/NJS
James A. Anderson. Chairman
DeWayne Holmdahl Telephone: (916) 322-1082
Bob Grunwald TDD Line: (916) 324-2555
R. Gary Miller
Julie Mann
Raymond Krauss
Lee Thibadeau December 16, 1992
TO ALL INTERESTED PARTIES:
At the State Mining and Geology Board's December 10, 1992
business meeting, the Board heard a request by the County of San
Bernardino for a'determination of an operator's responsibility
for reclamation adversely impacted by natural occurrences ("Acts
of God").
After review of the statute, and testimony from interested
individuals, the -Board adopted a resolution which.outlines
actions lead agencies should take to determine, on a case by case
basis and in light of specific considerations, the extent, if
any, of.mine operators' responsibilities for reclamation, when a
reclamation project, or,phases thereof, has been adversely
impacted by.a natural occurrence prior to final approval of
reclamation•and release of the financial assurance by the lead
agency. At the direction of the Board, Resolution 92-24
containing.the specific determination has been reprinted for your
information on the reverse side of this letter.
If you have any questions regarding this matter, you may contact
me or Ms.. Nancy J. Steiner, Associate. Analyst, State, Mining and
Geology Board, 801 K Street, MS 09-05, Sacramento, California
95814,,telephone (916) 322-1082.
sincerely,
o
ise M.
Executive Officer
DMJ/NJS
STATE OF CALIFORNIA -THE RESOURCES AGENCY
PETE WILSON. Governor
DEPARTMENT OF CONSERVATION
MS 09-05
STATE MINING AND GEOLOGY BOARD
801 K Street
°
Sacramento, CA 95814-3528
.ro,
James A. Anderson. Chairman
DeWayne Holmdahl Telephone: (916) 322-1082
Bob Grunwald TDD Line: (916) 324-2555
R. Gary Miller
Julie Mann
Raymond Krauss
Lee Thibadeau December 16, 1992
TO ALL INTERESTED PARTIES:
At the State Mining and Geology Board's December 10, 1992
business meeting, the Board heard a request by the County of San
Bernardino for a'determination of an operator's responsibility
for reclamation adversely impacted by natural occurrences ("Acts
of God").
After review of the statute, and testimony from interested
individuals, the -Board adopted a resolution which.outlines
actions lead agencies should take to determine, on a case by case
basis and in light of specific considerations, the extent, if
any, of.mine operators' responsibilities for reclamation, when a
reclamation project, or,phases thereof, has been adversely
impacted by.a natural occurrence prior to final approval of
reclamation•and release of the financial assurance by the lead
agency. At the direction of the Board, Resolution 92-24
containing.the specific determination has been reprinted for your
information on the reverse side of this letter.
If you have any questions regarding this matter, you may contact
me or Ms.. Nancy J. Steiner, Associate. Analyst, State, Mining and
Geology Board, 801 K Street, MS 09-05, Sacramento, California
95814,,telephone (916) 322-1082.
sincerely,
o
ise M.
Executive Officer
DMJ/NJS
STATE OF CALIFORNIA -THE RESOURCES AGENCY PETE WILSON, Governor
DEPARTMENT OF CONSERVATION
MS 09-05
STATE MINING AND GEOLOGY BOARD
801 K Street
Sacramento, CA 95814-3528
James A. Anderson. Chairman
DeWayne Holmdahl
Bob Grunwald RESOLUTION 9224
Ju Telephone: (916) 322-1082
R.Gary Miller TDD Line: (916) 324-2555
Julie Mann
Raymond Krauss
Lee Thibadeau
WHEREAS, the Board has been asked to provide guidance to
lead agencies and operators with respect to treatment of �"
reclaimed or partially reclaimed mine.sites which are then
impacted by a natural occurrence or "Act of God", such as�a
flood, earthquake, etc.;
WHEREAS, the Surface Mining and Reclamation Act does,,not
specifically address this issue, but provides guidance in'
sections 2715(e), 2711(c), 2773(a), 2755, 2756, and 2757;`
WHEREAS, mine operators should not be held accountable for
actions beyond their control, if they have made good faith
efforts to mitigate potential damage; h
THEREFORE BE IT RESOLVED THAT, the State Mining and Geology
Board finds that lead agencies should, on a case by case basis,
make determinations of the extent, if any, of mine operators'
responsibilities for reclamation, when a reclamation project or
phases thereof, on a mine site has been adversely impacted by a
natural occurrence, prior to final approval of reclamation and
release of the financial assurance by the lead agency.
i
BE IT FURTHER RESOLVED THAT, in such cases the lead agencies
should consider, but need not be limited to, the following
factors in determining an operator's responsibility: (1) the
extent to which the operator had completed reclamation prior to
the natural occurrence; (2) the extent to which the reclamation
effort had been destroyed by the natural occurrence; (3) the
effect of the natural occurrence upon public health and safety;
(4) the degree to which the site can be reclaimed naturally
without human intervention; (5) the specific reasons a particular
monitoring period was established for reclamation; and (6).site
characteristics, reclamation program, and the proposed end;use;
BE IT FURTHER RESOLVED THAT, in no instances is the mine
operator responsible for the adverse impacts caused by a natural
occurrence if the reclamation has been approved and the financial
assurance released by the lead agency.
James A. Anderson
Chairman "
Adopted: December 10, 1992
;t
PUBLIC RESOURCES CODE REVISED 12/92
APTER 2 --MINING & GEOLOGY J
ANNUAL REPORTING REQUIREMENTS & REPORTING FEE
(Section 2207 --Repealed and added by AB 3551,
. Chapter 1097, Statutes of 1990, Sher,
Amended by AB 3903, Chapter 1101, Statutes of 1990, Sher,
AB 1506, Chapter 845, Statutes of 1991, Sher,
and AB 3098; Chapter 1077, Statutes of 1992, Sher)
§ 2207. Annual report to Department of Conservation
(a) The "owner, lessor, lessee, agent, manager, or other person in charge of any mining operation of whatever kind or character
within the state shall forward to the director not later than July 1, 1991, and every year thereafter not later than an anniversary
date established by the director, upon forms which will be furnished by the board, a report which identifies all of the following:
(1) The name, address, and telephone number of the person, company, or other owner of the mining operation.
(2)' The name, address, and telephone number of a designated agent who resides in this state, and who will receive end
accept service of all orders, notices, and processes of the lead agency, board, director, or court.
(3) The location of the mining operation, its name, and starting with the 1992 report, its mine number as issued by the
Bureau of Mines or the director, its section, township, range, latitude, longitude, and approximate boundaries of the
mining operation marked on a United States Geological Survey 714 -minute or 15 -minute quadrangle map.
(4) .The lead agency.
(5) Thee l
approval date of the mining operation's reclamation plan.
(6) The mining operation's status as active, idle, reclaimed, or in:the process of being reclaimed.
(7) The commodities produced by the mine and the type of mining operation.
(8) Proof of annual inspection by the lead agency, starting with the 1992 report.
(9) Proof of financial assurances, starting with the 1992 report.
(10) Ownership of the property, including government agencies; if applicable, by the assessor's parcel number, and total
assessed value of the mining operation.
(11) The approximate permitted. size of the mining operation subject to Chapter 9 (commencing with Section 2710), in
acres.
(12) The approximate total acreage of land newly disturbed by the mining operation during the previous calendar year.
(13) The approximate total of disturbed acreage reclaimed during the previous calendar year.
(14) The approximate total unreclaimed disturbed acreage remaining as of the end of the calendar year.
(15) The total production for each mineral commodity produced during the previous year.
(16) A copy of any approved reclamation plan and any amendments or conditions of approval to any existing reclamation
plan approved by the lead agency.
(b) Every year, not later than the anniversary date established by the director, the person submitting the report pursuant to
subdivision (a) shall forward to the lead agency, as defined in Section 2728, upon forms which will be furnished by the board,
a report which provides all of the information specified in paragraphs (1) to, (14), inclusive, of subdivision (a).
(c) Subsequent reports shell include only changes in the information submitted for the items described in subdivision (a), except
that, instead of the approved reclamation plan, thereports shell include any reclamation plan amendments approved during the
previous year. The reports shall state whether review of a reclamation plan, financial assurances, or an interim management plan
is pending under subdivision (b), (o), (d), or (h) of Section 2770, or whether an appeal before the board or lead agency governing
body is pending under subdivision (e) or (h) of Section 2770. The director shall notify the person submitting the report and the
owner's designated agent in writing that the report and the fee required pursuant to subdivision (d) have been received, specify
the anniversary date by which the mining operation shall submit reports subsequent to 1991, specify the mining operation's mine
number if one hes not been issued by the Bureau of Mines, and notify the person and agent of any deficiencies in the report
within 90 days of receipt. That person or agent shall have 30 days from receipt of the notification to correct the noted
deficiencies and forward the revised reports to the director and the lead agency. Any person who fails to comply with this
section, or knowingly provides incorrect or false information in -reports required by this section, may be subject to an
administrative penalty as provided in subdivision (c) of Section 2774.1.
(d) (1) The board shall impose, by regulation, pursuant to paragraph (2), an annual reporting fee on, and method for collecting
annual fees from, each active or idle mining operation. The maximum fee for any single mining operation shall not exceed two
thousand dollars ($2,000) annually and shall not be less than fifty dollars ($50) annually.
(2) The board shall adopt, by emergency regulations, a schedule of fees authorized under paragraph (1). In establishing the
schedule of fees to be paid by each active and idle mining operation, the fees shall be calculated on an equitable basis reflecting
the size and type of operation. The board shall also consider the total assessed value of the mining operation, the acreage
disturbed by mining activities, and the acreage subject to the reclamation plan. For fiscal year 1991-92, the total revenue
generated by the reporting fees established pursuant to paragraph (1) shall not exceed one million one hundred thirty-two
thousand dollars ($1,132,000), which shall be adjusted in fiscal years 1992-93 and 1993-94 to reflect increases in the cost of
living, as measured by the United States Department of Labor Consumer Price Index. Beginning in fiscal year 1994-95, the total
revenue generated by the reporting fees for subsequent fiscal years shall not exceed a base of one million dollars ($1,000,000),
as adjusted for the cost of living beginning with fiscal year 1991-92 and annually thereafter. Beginning in fiscal year 1992-93,
the board shall automatically adjust the fees each fiscal year to conform with the revenue levels prescribed by this section and
appropriated by the Legislature. If the director determines that the revenue collected during the preceding fiscal year was greater
or less then the applicable base amount, plus the appropriate cost of living adjustments, the board shall adjust the fees to
compensate for the over collection or under collection of revenues.
(3) The emergency regulations adopted .pursuant to paragraph (2) or subsequent adjustments to the annual fees, shall be
adopted by the board in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code. The adoption of these regulations is an emergency and shall be considered by the Office of Administrative
Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare.
(4) The reporting fees established pursuant to paragraph (1) shall be deposited in the Mine Reclamation Account, which is
hereby created. Any fees, penalties, interest, fines, or charges collected by the director or board pursuant to this chapter or
Chapter 9 (commencing with Section 2710) shall be deposited in the Mine Reclamation Account. The money in the fund shall
be available to the department and board, upon appropriation by the Legislature, solely to carry out this section and Chapter 9
(commencing with Section 2710), and up to three hundred thousand dollars ($300,000) shall be available to the department
upon appropriation by the Legislature to contract for preparation of the report required by Section 2774.6.
(5) In case of late payment of the reporting fee, a penalty of not less than one hundred dollars ($100) or 10 percent of the
amount due, whichever is greater, plus interest at the rate 1 % percent per month, computed from the delinquent date of the
assessment until and including the date of payment, shall be assessed. New mining operations which have not submitted a
report are required to submit a report prior to commencement of operations. The new operation shall submit its fee according
to the reasonable fee schedule adopted by the board, and the month that the report is received shell become that operation's
anniversary month.
(e) The lead agency may impose a fee upon each mining operation to cover the reasonable costs incurred in implementing this
chapter and Chapter 9 (commencing with Section 2710).
(f) For purposes of this section, 'mining operation' means any operation as defined in Section 2735, unless excepted by
Section 2714.
(g) Any information in reports submitted pursuant to subdivision (a) which includes or otherwise indicates the total mineral
production, reserves, or rate of depletion of any mining operation shall not be disclosed to any member of the public, as defined
in subdivision (f) of Section 6252 of the Government Code. Other portions of the reports are public records unless excepted
by statute. Statistical bulletins based on these reports and published under Section 2205 shall be compiled to show, for the
state as a whole and separately for each lead agency, the total of each mineral produced therein. In order not to disclose the
production, reserves, or rate of depletion from any identifiable mining operation, no production figure shall be published or
otherwise disclosed unless that figure is the aggregated production of not less than three mining operations. If the production
figure for any lead agency would disclose the production, reserves, or rate of depletion of lose then three mining operations or
otherwise permit the, reasonable inference of the production, reserves, or rate of depletion of any identifiable mining operation,
that figure shall be combined with the same such figure of not less than two other lead agencies without regard to the location
of the lead agencies. The bulletin shall be published annually by June 30th or as soon thereafter as practicable.
i S
STATE OF CALIFORNIA -THE RESOURCES AGENCY PETE WILSON, Governor
DEPARTMENT OF CONSERVATION
MS 09-05
STATE MINING AND GEOLOGY BOARD _
801 K Street
Sacramento, CA 95814-3528 a�
James A. Anderson. Chairman
DeWayne Holmdahl
Bob Grunwald
R. Gary Miller
Julie Mann
Raymond Krauss
Lee Thibadeau
TO ALL INTERESTED PARTIES:
December 16, 1992
Telephone: (916) 322-1082
TDD Line: (916) 324-2555
At the State Mining and:Geology Board's December 10, 1992
business meeting, the Board heard a request by the County of San
Bernardino fora determination of an operator's responsibility
for reclamation adversely impacted by natural occurrences ("Acts
of God").
After review of.the statute, and testimony from interested
individuals, the Board adopted a resolution which outlines
actions lead agencies should take to. determine, on a case by case
basis and in light of specific considerations, the extent, if
any,.of mine operators' responsibilities for reclamation, when a
reclamation project, or phases thereof, has been adversely
impacted by a natural occurrence prior to•final approval of
reclamation and release of the financial assurance by the lead
:,agency. At the direction of the.Board, Resolution 92-24
containing the specific determination has been reprinted for your
information on the reverse side of this letter..
If you have any questions regarding this matter, you may contact
me or Ms. Nancy,J. Steiner,:Associate Analyst, State Mining and
Geology Board, 801 K Street, MS 09-05, Sacramento, California,
95814, telephone (916) 322-1082.
Sincerely,
.1 0
ise M -
Executive Officer
DMJ/NJS
y
STATE OF CALIFORNIA -THE RESOURCES AGENCY PETE WILSON, Governor
DEPARTMENT OF CONSERVATION if
MS 09-05 i� ,.;�� •.,
STATE MINING AND GEOLOGY BOARD
801 K Street j ;^
Sacramento, CA 95814-3528
James A. Anderson. Chairman J
DeWayne Holmdahl
Bob Grunwald i; Telephone: (916) 322-1082
R. Gary Miller RESOLUTION 92-24 I TDD Line: (916) 324-2555
Julie Mann
Raymond Krauss
Lee Thibadeau
WHEREAS, the Board has been asked to provide guidance to
lead agencies and operators with respect to treatment of
reclaimed or partially reclaimed mine sites which are then
impacted by a natural occurrence or "Act of God", such as1a
flood, earthquake, etc.;
li
WHEREAS, the Surface Mining and Reclamation Act does�not
specifically address this issue, but provides guidance in
sections 2715(e), 2711(c), 2773(a), 2755, 2756, and 2757;
WHEREAS, mine operators should not be held accountable for
actions beyond their control, if they have made good faith
efforts to mitigate potential damage; y
THEREFORE BE IT RESOLVED THAT, the State Mining and Geology
Board finds that lead agencies should, on a case by case basis,
make determinations of the extent, if any, of mine operators'
responsibilities for reclamation, when a reclamation project or
phases thereof, on a mine site has been adversely impacted by a
natural occurrence, prior to final approval of reclamation and
release of the financial assurance by the lead agency.
BE IT FURTHER RESOLVED THAT, in such cases the lead agencies
should consider, but need not be limited to, the following
factors in determining an operator's responsibility: (1) the
extent to which the operator had completed reclamation prior to
the natural occurrence; (2) the extent to which the reclamation
effort had been destroyed by the natural occurrence; (3) the
effect of the natural occurrence upon public health and safety;
(4) the degree to which the site can be reclaimed naturally
without human intervention; (5) the specific reasons a particular
monitoring period was established for reclamation; and (6), site
characteristics, reclamation program, and the proposed end use;
BE IT FURTHER RESOLVED THAT, in no instances is the mine
operator responsible for the adverse impacts caused by a natural
occurrence if the reclamation has been approved and the financial
assurance released by the lead agency.
9 Ci
F: —
James A. Anderson {�
chairman !`
Adopted: December 10, 1992
STATE OF CALIFORNIA -THE RESOURCES AGENCY PETE WILSON, Governor
DEPARTMENT OF CONSERVATION
MS 09-05
STATE MINING AND GEOLOGY BOARD
801 K Street '�'�
Sacramento, CA 95814-3528 p
V M,.
James A. Anderson. Chairman
BobbJaynerun Holmdahl Telephone: 916) 322-1082
BGrunwald P (
R. Gary Miller TDD Line: (916) 324-2555
Julie Mann
Raymond Krauss APPROVAL OF STATEWIDE RECLAMATION STANDARDS REGULATIONS
Lee Thibadeau
December 16, 1992
TO ALL INTERESTED PARTIES:
On'December 16, 1992 the Office.of Administrative Law (OAL)
approved the minimum, statewide reclamation standards regulations
adopted by the State Mining and Geology Board at its
September 11, 1992 business meeting. The regulations, which will
be filed with the Secretary of State today, will take effect
January 15, 1993, and will appear as sections 3700 through 3713
in Chapter 8, Title 14 of the California Code of Regulations.
If you are interested in receiving a copy of the regulations,
please write or telephone the Board at 801 K Street, MS 09-05,
Sacramento, California 95814, (916) 322-1082.
Sincerely,
ai
se M. Jones
Executive Officer
DMJ/NJS
t STATE OF CALIFORNIA -THE RESOURCES AGENCY PETE WILSON, Governor
DEPARTMENT OF CONSERVATION
MS 09-05 o.
STATE MINING AND GEOLOGY BOARD
801 K Street
Sacramento. CA 95814-3528 0, '
James -A. Anderson. Chairman December 16, 1992
De Wayne Holmdahl
Bob Grunwald Telephone: (916) 322-1082
R. Gary Miller TDD Line: (916) 324-2555
Julie Mann
Raymond Krauss
Lee Thibadeau
NOTE: Time Sensitive, please respond by January 8, 1993.
TO ALL INTERESTED PARTIES:
RE: Financial Assurance Guidelines
As you know, Section 2770 of the Surface Mining and Reclamation Act (SMARA, Public Resources
Code Section 2710 et seq.) requires all surface mining operators to obtain lead_ agency (city or
county) approved financial assurances to ensure reclamation is completed on mined lands as
prescribed in the lead agency approved reclamation plan. ' Financial assurances, made, payable to the
lead agency and the Department of Conservation, must be' in the form of: (1) a surety bond, (2) a .
trust fund, (3) irrevocable letter of credit, or (4) other mechanism as adopted by the State Mining and
Geology Board (the Board) through the regulatory process. The amount of the financial assurance is
based on the cost to perform reclamation on landsdisturbed since January 1, 1976 and lands to be
disturbed in the next year; and is reviewed, and if necessary, adjusted to account for newly disturbed
lands, reclamation and inflation.
SMARA was amended by the enactment of AB 3098 (Sher, Chapter 1077, Statutes of 1993) to
require the Board to adopt financial assurance, guidelines by March 1, 1993 to assist lead agencies and
mining operators in complying with the financial assurance requirement. The Board's Financial
Assurances Subcommittee, chaired by Board Member ' Raymond Krauss' has been working with
industry, public agencies, and other interested parties to develop these financial assurance guidelines.
Enclosed is a draft of the guidelines for your review and, comment. We would appreciate receiving
your written comments no later than.Friday, January .8, 1993. Please mail your comments to the
Board at 801 K Street; MS 09-05, Sacramento, California, 95814-3500.
Please note that the financial assurance guidelines serve to clarify the .financial assurance requirement
and may not :include information not specified in existing law. The Board is also drafting regulations
to allow for additional acceptable financial assurance mechanisms which will be made available for
public comment at a later. date.
'We appreciate your assistance in this matter. The Board is tentatively scheduled to adopt the
guidelines at its January 29; 1993 regular business meeting in Sacramento. If you have any questions
regarding the draft financial assurance guidelines,'please contact me or Ms. Alice M. Singh, the
Board's Staff Analyst, at (916) 322-1082.
Sincerel
I4 ons
xecutive Officer
n,
December 16, 1992 * DISCUSSION DRAFT
SURFACE MINING AND RECLAMATION ACT
FINANCIAL ASSURANCE GUIDELINES
WHY ARE FINANCIAL'ASSURANCES REQUIRED?
The State Legislature amended .the Surface Mining and Reclamation Act (SMARA, Public
Resources Code Section 2710 et seq.) in 1991 to require surface* mining operators to obtain lead agency
(city or county) approved financial assurances for the reclamation of mined lands so that the public will
not bear the cost of reclaiming abandoned or bankrupt surface mining operations. In the event of such
abandonment or bankruptcy, the funds will be used by the lead agency or the Department of Conservation
(the State) to reclaim the mined site.
WHAT IS THE PURPOSE OF FINANCIAL ASSURANCES?
Financial assurances serve as a guarantee that a surface mining operation will be reclaimed in
accordance with its lead agency y approved -reclamation plan.
WHAT DO FINANCIAL- ASSURANCES GUARANTEE?
Financial assurances guarantee the I reclamation of those portions of a surface mining operations
where: (1) surface disturbances occurred after January 1,1976; (2)'surface disturbances will occur in the
next year; and (3) reclamation is not, successfully completed pursuant to they lead- agency approved.
reclamation plan.
DOES THE STATE REVIEW FINANCIAL ASSURANCES?
SMARA states that the lead agency must approve all financial assurances, and any amendments
thereto; however, the State must have'the opportunityto review all financial assurances, and any changes
to financial assurances, 45 days prior to lead agency 'approval.- The financial assurance should be
forwarded to the, State for review -:.after the lead"agency's- review and preliminary approval of the
assurance. Should the lead agency, choose to take a position different from in the State's position regarding
the financial assurance, or any amendments thereto, the lead agency must submit to the State a statement
of findings specifying the reasons for such 'action.
WHAT IS THE LEAD AGENCY'S .REVIEW PROCESS FOR FINANCIAL ASSURANCES?,
The lead agency should develop a time schedule for the review and approval of the financial
assurance and provide 'it to the mine, operator uponsubinittal of the proposed financial assurance. The
schedule should indicate- (1) the amount of time the lead agency and the State have to review and
comment on the proposed financial assurance; (2) when the operator can expect to receive approval/denial
of the proposed financial, assurance. The lead agency should provide to the mine operator notice of the
FA Discussion Draft
December 16, 1992 y
Page 2
I
s
i
i
following: (1) approval of the financial assurance, and for what amount; or (2) denial of the financial
assurance, for what reasons, and a course of action available to the mine operator.
s
WHAT IS THE AMOUNT OF THE FINANCIAL ASSURANCE?
The amount of the financial assurance must be adequate to ensure that the lead agency or the State
can reclaim, pursuant to the approved reclamation plan, for the mined lands (as defined by SMARA
Section 2729) subject to the guarantee as described above.
WHEN SHOULD THE AMOUNT OF THE FINANCIAL ASSURANCE BE ADJUSTED?
The amount of the financial assurance must be reviewed annually and, if necessary: (1) adjusted
to reflect changes in the cost of reclamation (as reflected in the Construction Cost Index or other
generally used index), pursuant to the approved reclamation plan, of lands disturbed since January 1,
i
1976; (2) decreased for lands reclaimed in the previous year to the satisfaction of the lead agency; and
(3) increased for,lands to be disturbed in the next year. When an approved reclamation plan is.amended,
and the amendment is reviewed by the State and approved by the lead agency, financial assurances should
be adjusted accordingly. Any changes to an existing financial assurance must be submitted to the State
i�
for review and then approved. by the lead agency.
HOW SHOULD THE AMOUNT OF THE FINANCIAL ASSURANCE BE CALCULATED?
A. The amount of the financial assurance should be calculated by the mine operator, a licensed
engineer, or other professional experienced in the reclamation of mined lands, and based on: (1) an
analysis of the physical activities necessary to implement the approved reclamation plan; (2) the unit costs
for each of these activities; and (3) the number of units of each of these activities. In ''addition, the
calculated amount should include an amount to cover contingency costs and reasonable' lead agency
administrative costs. The calculated amount should not include the cost of completing the mining of the
site.
Documentation of the calculation should be made available for lead agency and State review.
An example of an acceptable procedure for the calculation of the amount of financial assurances is
presented in appendix A.
. U
B. In the event that the approved reclamation plan lacks specific details for implementation, the unit
activities necessary to reclaim the mined site should be detailed in a manner that provides for the
a�
'i
FA Discussion Draft
December 16, 1992
Page 3
approved end use, and the unit costs and number of units should be calculated. Documentation of the
calculation should be made available for lead agency and State review.
WHEN SHOULD FINANCIAL ASSURANCES FOR A NEW SURFACE MINING OPERATION
BE PROVIDED?
The financial assurance may be submitted after lead agency approval of the reclamation plan.
However, the financial assurance must be submitted to the State for review .and approved by' the lead
agency prior to the commencement of any mining activities., The mine operator should offer to the lead
agency a financial assurance for its approval and the State must have the opportunity to review the
financial assurance 45 days prior to such approval. The financial assurance should provide for the
performance of the approved reclamation plan for the land that will be disturbed in the next year.
WHAT IS THE PERIOD OF LIABILITY FOR THE OPERATOR?
The mine operator is responsible for maintenance of financial assurances continuously throughout
the life of the mining operation, including idle periods and during any extended monitoring periods, until
the reclamation is completed, pursuant to the approved reclamation plan and the lead agency has approved
the release of the financial assurances. The term of the financial assurance mechanism need not be for
the life of the mine; or for the period to complete reclamation and obtain lead agency release of the
financial assurances, so long as a sequence of mechanisms is maintained which provide continuous
coverage.
ARE FINANCIAL ASSURANCES REQUIRED FOR "IDLE" MINES?
Financial assurances are required for idle mines in an amount sufficient to reclaim, pursuant to
the lead agency approved reclamation plan, lands disturbed since January 1, 1976, lands to be disturbed
in the next year, and. lands not reclaimed successfully pursuant to the approved reclamation plan.
Financial assurances for idle mines must be calculated, reviewed and approved in the same manner as
financial assurances for active mining operations.
WHEN SHOULD A FINANCIAL ASSURANCE BE RELEASED?
The financial assurance should be released. upon completion of the following: (1) notice by the
operator to the lead agency that reclamation has been completed pursuant to the approved reclamation
plan. Upon the lead 'agency's receipt of . such a notice, the lead agency should satisfy itself that
FA Discussion Draft
December 16, 1992
Page 4
reclamation of the site has been completed pursuant to the approved reclamation plan; (2) any required
extended monitoring periods have expired; (3) reclamation standards as specified in � the approved
reclamation plan have been met. The lead agency should conduct an inspection of the mining operation
and, if necessary, a review of pertinent records.
If the lead agency determines that reclamation has not been successfully completed, it should
provide the operator, within a reasonable time, written notification of its determination along with a list
of the specific actions required to successfully complete implementation of the approved reclamation plan
and obtain release of the financial assurance. Upon determining that reclamation has been successfully
completed pursuant to the approved reclamation plan, the lead agency should give notice, within a
reasonable time, to the operator, the State, and any other co -assignees, that reclamation has been
completed pursuant to the approved reclamation plan and the date financial assurances are proposed to
be released. This notice should allow a reasonable time to the State to comment on the proposed release.
WHAT MUST BE DONE WHEN WITH THE FINANCIAL ASSURANCE WHEN A MINING
OPERATION IS SOLD OR OWNERSHIP IS OTHERWISE TRANSFERRED?
When a mining operation is sold, or ownership is otherwise transferred, the original owner's
financial assurance must remain in effect until the State has had an opportunity to review, and the lead
agency has approved, the replacement assurances. The prior owner's financial assurance should be
released upon the approval by the lead agency of the replacement financial assurance. A replacement
financial assurance must be approved in the same manner as the existing financial assurance.
WHAT TYPES OF FINANCIAL ASSURANCE MECHANISMS ARE ACCEPTABLE?
Currently, there are three acceptable forms of financial assurances:
1. Surety Bonds. Asurety bond is an indemnity agreement in an amount certain executed
by either (1) both the mine operator as principal and surety(ies) or (2) executed by the
surety(ies) alone.
Surety bonds must meet the applicable requirements of the California Code of Civil
Procedures, Part 2, Title 14, commencing with section 995.010 (see appendix B).
Surety bonds should be issued for a specific period of time and should not" be cancelable
by the mining operator until new financial assurances are reviewed by the State and
FA Discussion Draft
December 16, -1992
Page 5
approved by the lead agency. In addition, bonds should have a 120 day cancellation
notice clause to ensure the mining operator provides sufficient notice to the lead agency.
2. Trust Funds. Trust funds are,:cash or, cash certain financial devices put. up by the mine
operator. .They may take the form of:
a. a cash account deposited in one or more federally insured accounts,
b, negotiable bonds of the United States, a state, county, or municipality
endorsed by the mine operator, and rated "A" or better by a nationally
recognized bond rating organizations,
c. negotiable certificates of ,deposit in one or more federally insured.
depositories.
The lead agency; the State -and the bank holding the funds should maintain a record of
the lead agency approved trust fund. Cash accounts and certificates of deposit should not
exceed the applicable. FDIC,; FSLIC or insured account limits. Jnterest earned is not part
of the financial assurance and -should. be payable to the mining operator at his/her
discretion.
3. Irrevocable Letters of Credit. A letter of credit is a letter from any bank authorized
to do business in the State of California granting credit,on behalf of the mine operator.
Letters of credit should be for a specific period of time and must not be revocable by the
mining.operator until reclamation is completed pursuant to the approved reclamationplan,
and the lead agency issues a noticeof release to the operator.
**NOTE** The Board is developing regulations to allow for additional financial assurance
mechanisms, in particular liens for real property. When the Board adopts such regulations, these
guidelines will be amended as appropriate.
The choice of the type of financial assurance mechanism should be that of the mine operator as
long as the lead agency determines the. financial assurance- is ,adequate to perform reclamation in
accordance with the approved reclamation plan. The mining operator may exchange one acceptable
financial assurance mechanism with another acceptable mechanism of equivalent coverage so long as there
FA Discussion Draft
December 16, 1992
Page 6
y�
s
is no lapse in coverage and is approved by the lead agency: Salvage value or the sale of materials from
the mined site are not acceptable financial assurance mechanisms.
WHAT TERM IS ACCEPTABLE FOR THE FINANCIAL ASSURANCE MECHANISM?
The term of a financial assurance mechanism can be for the life of the mine or a lesser period
!t
of at least one year so long as the mechanism remains .in effect for the specified term of coverage plus
an additional 120 days, during which time the lead agency can take the necessary steps' to collect the
financial assurance, or a period of less than 120 days if a subsequent mechanism has been offered to and
d
approved by the lead agency.
TO WHOM MUST THE FINANCIAL ASSURANCE MECHANISM BE MADE PAYABLE?
The financial assurance must be made payable to the "Lead Agency and in the alternative to the
Department of Conservation". See appendix C for an example of the appropriate wordage. The financial
assurance may also be made payable to additional public agencies, including federal agencies responsible
for enforcing reclamation requirements over the mining operation. The financial assurance mechanism
may not be made payable to or assigned to the surface mining operator subject to the financial assurance
requirement, and the operator .may not be named as a beneficiary on the financial assurance.
WHAT FORMAT SHOULD BE USED FOR THE FINANCIAL ASSURANCE? +
Examples of acceptable formats for financial assurances are presented in appendix D. The lead
agency may accept these or other equivalent formats. Bonds must be in a format approved by the
Attorney General.
0 APPENDIX A *
RiitiAMTION BOND CAL.CUL.ATION/EVALUATION GUIDE
RLs 9/b9
The objective of reclamation associated with mineral activity is to reclaim
and stabilize areas disturbed by mineral operations by taking such measures
that will prevent and/or control onsite and off-site damage to the environment
and forest surface,. resources (36 CFR 228.8(g)). These measures include:
1) the control of erosion and landslides;
2) the control of surface water runoff;
3) the isolation, removal & control of toxic materials;
4) reshaping and revegetating disturbed areas, where reasonably
practicable; and .
5) the rehabilitation of fisheries and wildlife habitat.
Regulations (36 CFR 228.8(f)) require roads constructed as part of a mineral
operating plan. which are no longer needed for operations and unless otherwise
approved by the authorized officer. to:
1) be closed to normal vehicular traffic;
2) have all bridges & culverts removed;
3) have cross.drains. dips. or water bars installed. if necessary. and'
4) have the road surface shaped to as near'a natural contour as
practicable and stabilized.
Adequate reclamation measures taken during and after completion of mineral
activities will increase the recovery of disturbed areas by speeding up the
natural processes. While the overall reclamation objectives of the mineral
operator and the land manager should be the same, this is not always the case.
It is therefore necessary for the operator to develop a reclamation plan to
guide the operator and administrator toward the expected future condition of
the disturbed lands. In developing the reclamation objectives and reclamation
plan. the economics of the operation, including reclamation. must be taken
into account. - To assist in assessing the economics of reclamation for mineral
operations. use the attached Reclamation Bond Determination Worksheet as a
guide to ensure adequate reclamation without placing unreasonable demands on
the operator:
A thorough knowledge and understanding of a proposal, together with the
desired reclamation objective(s) is needed before any attempt is made at
completing the worksheet. Issues and concerns identified in the environmental
analysis will help the preparer gain background knowledge of what currently
exists and what is expected when operations cease. The preparer is cautioned
to examine the final proposed plan of operations and reclamation plan to
assure that the reclamation measures identified in the enviuui►mental analysis
have been brought over to the plan. Because each operating plan proposal has
different site-specific concerns, all available background information must be
reviewed prior to preparing a reclamation bond estimate. Depending upon the
* This document was prepared by the United States Forest Service. While it is very useful, it does not
recognize the wide variety of end uses allowed under the flexibility of the Surface Mining and Reclamation
Act. This limitation should be considered when using this documentation.
12
complexity of the proposed operation, the authorized officer may require the
assistance of a Mining Engineer or Geologist. For complex mining and milling
operations, authorized officers should request assistance in analyzing
reclamation costs and setting bond requirements.
To ensure the bond amount is commensurate with the work being proposed or
performed, the Reclamation Bond Determination Worksheet compiled for an
operation should be reviewed annually to determine if the bond amount is
adequate. The total amount will be adjusted either up or down to reflect the
reclamation accomplished or additional reclamation needs as a result of
modified or amended plans.
The Worksheet is divided into six main headings.:
I. Road Closure & Rehabilitation;
II. Mine & Exploration Site(s) Contouring;
III. Stabilization of Tailing Ponds. Waste Dumps. Leach Pads. etc.;
IV. Removal of Structures;
V. Exploration Activities; and
VI. Administration.
Under each heading a job description narrative should be prepared. The
narrative should include what reclamation measures are to be applied,
including the specific location and reclamation objective. If "off-site"
activities are involved, a seperate narrative should be prepared to address
the reclamation measures needed in these areas. This allows the authorized
officer or administrator to refer to the tasks involved and the costs
associated with each task. This is extremely helpful for the person charged
with closing out an operation and releasing the bond when he/she is not the
individual who calculated the bond or the initial administrator. In cases
where some bonds need periodic updating or where the operator has a specific
question about the needed reclamation, the job description portion under each
heading would be helpful. If the space provided for the narrative is
inadequate to identify the task. additional pages should be attached.. It is a
good idea to include a map of sufficient scale to show where the reclamation
is planned or corresponds to operating plan activities.
In calculating costs for the various items on the Worksheet, it is necessary
to consider such things as cubic yards of material to be moved, acres to be
ripped or scarified, seed.bed preparation and pounds of seed needed per acre.
as well as move-in/move-out (mobilization) costs. Costs of equipment. labor,
seed and materials as well as the type and capacity of the available equipment
vary from area to area and should be based on local conditions and sources
prevailing at or near the area of operation.
Mobilization costs need to be included in all equipment calculations, involving
earth -moving equipment. If the operator completes the reclamation himself. he.
will use the equipment onsite. However. if he/she fails defaults or abandons
the project before reclamation is completed. the agency holding the bond must
complete the reclamation and the mobilization costs may amount to a large
portion of the reclamation costs.
0 3
r
'J
Administrative costs are included as a separate heading for bond calculation.
This is because many times these costs are forgotten or deemed not important,
but they too can amount to quite a sum. especially for large bonds. These
costs include supervision and inspection costs. Experience has shown these
costs to range between 10 and 18 percent of the total reclamation costs.
depending on the size of bond. the location of the operation and the extent of
operations.
Since mining a deposit may start and stop perodically because of fluctuating
mineral markets and/or inclement weather., interim bonding covering seasonal
operations may be necessary in.addition to final reclamation bonding. Interim
or seasonal reclamation may prevent short-term problems that arise from
unforseen weather or unstable ground conditions. Interim bonding could be
made available to the operator if continual amendments or modifications to the
final reclamation bond is expected. This option could ease the operator's
capital expense burden.
------------------------------------------------------------------------------
The following references are recommended for use in calculating reclamation
bond estimates:
1. The Cost Estimating Guide for Road Construction. 1988, USDA Forest
Service, Intermountain Region, 324 25th Street. Ogden, UT 84401
This publication contains information on road obliteration. earth
moving. equipment rental. and wage rates. Remember, equipment
rental.and wage rates vary, both geographically and with time.
Therefore. in determining labor rates and heavy equipment costs,
local rates or rates crevailine in the area of the nearnat anurc
2. The Cost.Reference Guide for Construction Equipment, 1988.'Tile
Equipment Guide Book Company (commonly referred to as "THE BLUE
BOOK").
This lists guidelines for calculating equipment performance and
costs per unit of material removed. (check Engineering staff for
copies).
3. The Mining Cost Service. 1989. Western Mine Engineering, P.O. Box
9008. Spokane. Washington 99209
This publication lists prices and costs for labor, equipment,
supplies. transportation, etc. used in the mining industry. Most
Regional Office Mineral Staffs and Mineral Examiners have copies
and are available to assist in providing helpful information and
data for mineral operation. costs.
4. The Mineral Industry Costs; 1977 L 1981, Northwest Mining
Association, 633 Peyton'Building. Spokane, Washington 99201
These publications provide data on TIME, RISK FACTORS. COSTS,
ASSESSING COSTS. and ESTIMATING VARIOUS PROJECT COSTS. The costs
are in 1980 dollars and an adjustment of 1980 dollars to current
dollars must be made. Most Mining Engineers and Geologists can
supply the factor needed to make the conversion.
4--3
■tCLAMATIOM 0051D OtTttlIRATIOM IttK i
�I
{i
Operating Plan 0 Operator/Clalisant:
Date:
i
u
I. ROAD CLOSURE L REHABILITATION: (Acres )
Brief description:
u
u
(Costs) On Claims Off Claims TOTAL
Earth Moving
Mobilisation
Re -contouring
Culvert removal
Bridge removal
Erosion Control
Drainage Structures.
Mulch. sediment dams.
etc.
Scarification:
Ripping.etc
Revegetation:
Seed Sed Prep.
Seed.
Seed Application.
Fertilization(?)
Labor
Other:
TOTAL (Road Closure)
a
I1. MINE i EXPLORATION SITES) (CONTOURING): (Acres: )
Brief description:
1
On Claims Off Claims TOTAL
Earth Moving
Mobilisation li
Reshaping I
On Claims ff Claims TOTAL
Erosion,Control:
Drainage Structures.
mulch. etc.'
Scarification]
Ripping. etc
Reveg*tation: _
geed sed Prep.
Seed
Seed Application
Fertiliser
Labor
Other:
TOTAL (Mine/exploration
contouring)
II1. STABILIZATION Or TAILING FONDS, WASTE DUMPS, LEACH PADS CTC
TAILING PONDS: (Acres: )
Brief description:
On Claims Off Claims TOTAL
Disposal of hazardous/toxic materials
Transportatlon i
Handling
Disposal fee
Earth moving:
Mobilization
filling
recontouring
4
Erosion Control:
Drainage structures r
mulch.yhydroaeeding
etc.
Scarification(!)
Revegetation:
seed sed Prep.
geed
Seed Application
labor
Other:
TOTAL (Tailing Pond)
vASTC DUMPS: (Aeres7 )
Brief description:
On Claims Off Claims ` TOTAL
Acid rima neutralisation l
testing
tk
supplies
Barth Moving: (j to 1 slope faces) '
R
Mobilisation
Contouring S
stabilisation
Crosion Controls•
Drainage,
sediment dams.ete
scarification:
surface
Revegetations
good bed prop.
good
good application
la►or
Other:
I
TOTAL (Vast• Dumps)
a
LEACH PADS (Acres: ) +
v
v
Brief description:
t
Neutralisation
1
supplies.
labor, ate
1IiI
Vp
I)
Garth moving:
a
mobilisation
5'f
Contouring (!)
liner removal
pond closure
a
sj
;t
G
Jk
On Claims
4 '
Off Claims -
TOTAL
Iranian Central:
• ` Drainage
dine! perforation'
•eee - .
Rwegstbtien:
preparation
seed
w seed application
labor
Other:
TOTAL (Leach laeilitis*)
"V. RCNOVAL Of sraUCTURCs i COU1lsiCRT: (Acres: )
crier deseriptien:
On Claims
Off Claims
TOTAL
Buildings:
squipeents
Trailers:
foundations:
Pipelines
Power lines
Telephone lines
Fuel storage
-
Garth roving:
nobilisation
contouring
'
trosion Control
Revegetatlon
prepa,eation -
seed
seed application
labor
Other:
TOTAL (structures)
r
V. EXPLORATION ACTIVITIES: 1 1
+II /
Brief description: j
On Claims Off Claims , TOTAL
Drill •!test
Trcaobcst
►!tot
other:
goad etc
TOTAL (Exploration altos)
VI. ADMINISTRATION: (359 OF TOTAL AMOUNT)
Total reclamation amount (S ) i (0.15) a
i
ii
i (Admin Costs).
II
TOTAL RECLAMATION DORM NEEDED: town of I. thru •I.) S I
1�
c
'.i
ii
PREPARED BY:
DATE:
tV
REVIEWED BY: DATEt
II�Reurks: +,
t
iE
i
—LJ
P!
a
•••
Reffretaefe Used IN Celsulstiews (Crest Appropriate so:(s))
[j
is
Caterpillar Psrferoanfe Randkeek
[j
2.
Cost Refereass Guide for Construction squiMsnt (-The slue Seek")
()
3.
Mining cost service (notebook) '
O
A..
eUnersl laduatry, Costs books
Ll
S•
cost setimstor dupe for Read Coestruetien (2-4)
Local Operator's quote
U
7.
Other (specify)
a
0PPENDIX B'0
This attachment contains selected provisions from the California Bond and.
Undertaking Law which may be applicable. Other provisions of statutory
and case law may also be applicable. Consult a lawyer for legal advice
if needed.
THE CALIFORNIA CODE OF CIVIL PROCEDURE
PART 2. Civil Actions
TITLE 14. Miscellaneous Provisions
CHAPTER -2.1 Bonds -and Undertakings
§ 995.010 (1992)
This chapter shall be known and may be cited as the Bond and
Undertaking:Law.
§ 995.020.
(a).The provisions of..this..chapter apply to a bond or.
undertaking executed, filed, posted, furnished, or otherwise
given as security pursuant to any statute of this state, except
to the extent the statute prescribes a different rule or is
inconsistent.
(b) The provisions of.this chapter apply to a bond or
undertaking given at any of the following times:
(1) On or after January' 1, 1983...
'(2) Before January 1, 1983, to the extent another surety is
substituted for the original surety on or after January 1, 1983,
or to the .extent the principal gives a new,.additional, or
supplemental bond or undertaking on or after January 1, 1983.
Except to the extent provided in this section, the law
governing a bond or undertaking given before January 1, 1983, is
the law applicable to the bond or undertaking immediately before
January 1, 1983, pursuant to Section 414 of -Chapter 517 of the
Statutes of 1982.
(c) The provisions of this chapter do not apply to a bail bond
or an undertaking of bail.
§ 995.030. Manner of service
If service of a notice, paper, or other document is required
under this chapter, service shall be made in the same manner as
service of process in civil actions generally.
§ 995.040. Affidavits
An affidavit,made under this chapter shall conform to the
standards prescribed for an affidavit made pursuant to Section
437c.
$-1
ti
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§ 995.050. Extensions of time
a
The times provided in this chapter, or in any other statute
relating to a bond given in an action or proceeding, may be
extended pursuant to Sections 1054 and 1054.1.
I�
§ 995.120. "Admitted surety insurer" 7
(a) "Admitted surety insurer" means a corporate insurer or a
reciprocal or interinsurance exchange to which the Insurance's
Commissioner has issued a certificate of authority to transact
surety insurance in this state, as defined in Section 105 of the
Insurance Code.
(b) For the purpose of application of this chapter to a bond
given pursuant to any statute of this state, the phrases
"admitted surety insurer," "authorized surety company," "bonding
company," "corporate surety," and comparable phrases used in the
statute mean "admitted surety insurer" as defined in this
section.
y
u
§ 995.130. "Beneficiary"
(a) "Beneficiary" means the person for whose benefit a bond is
given, whether executed to, in favor of, in the name of, or
payable to the person as an obligee.
(b) If a bond is given for the benefit of the State of
California or the people of the state, "beneficiary" means the
court, officer, or other person required to determine the
sufficiency of the sureties or to approve the bond.
�s
(c) For the purpose of application of this chapter to a bond
given pursuant to any statute of this state, the terms
"beneficiary," "obligee," and comparable terms used in the it
statute mean "beneficiary" as defined in this section.
§ 995.140. "Bond"
(a) "Bond" includes both of the following:
y
(1) A surety, indemnity, fiduciary, or like bond executed by
both the principal and sureties.
(2) A surety, indemnity, fiduciary, or like undertaking
executed by the sureties alone.
(b) A bond provided for or given "in an action or proceeding"
does not include a bond provided for, or given as, a condition of
3
a license or permit.
§ 995.160. "Officer"
"Officer" means the .sheriff, marshal,, constable, clerk of
court, -judge or magistrate (if there is no clerk), board,
commission, department, .or other public official or entity to
whom the bond is given -or with whom a copy of the bond is filed
or who is required to determine the sufficiency of the sureties
or to approve the bond.
§ 995.170. "Principal"
(a) "Principal" means the person who gives a bond.
(b) For the purpose of application of this chapter to a bond
given pursuant to any statute of this.state, the terms "obligor,"
"principal," and .comparable terms used'in°the statute mean
"Principal" as.defined in this section.'
§ 995.180. "Statute"
"Statute" includes administrative regulation promulgated
pursuant to statute.
§ 995.'185. "Surety".
(a) "Surety";has the meaning provided"in-Section 2787 of the
Civil Code and includes personal surety and admitted surety
insurer.-
(b) For the.purpose of application of this chapter to a bond
given pursuant to any statute of this state,. the terms "bail,"
"guarantor," "bondsman," "'surety," and comparable terms used in
the.statute mean "surety" as defined in this section.
§ 995.190. "Undertaking -P....
"Undertaking" means'a surety,.indemnity,,fiduciary, or like
undertaking executed by the,sureties alone.
§ 995.210. Bond's and undertakings interchangeable
Unless the provision or.context otherwise requires:
(a) If -.a statute provides for a bond, ,an undertaking that
otherwise "satisfies: the requirements for the'bond-may be given in
"its place with„the same effect as if :a bond"were given, and
raw
IJ �
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y
II �
references in the statute to the bond shall be deemed to bei
references to the undertaking.
(b) If a statute provides for an undertaking, a bond that
otherwise satisfies the requirements for the undertaking may,.be
given in its place with the same effect as if an undertaking were
given, and references in the statute to the undertaking shall be
deemed to be references to the bond.
I
§ 995.310. Sureties on bond
�i
Unless the statute providing for the bond requires execution
by an admitted surety insurer, a bond shall be executed by two or
more sufficient personal sureties or by one sufficient admitted
surety insurer or by any combination of -sufficient -personal
sureties and admitted surety insurers. ti
§ 995.320. Contents of bond
(a) A bond shall be in writing signed by the sureties under
oath and shall include all of the following: i
(1) A statement that the sureties are jointly and severally
liable on the obligations of the statute providing for the bond.
(2) The address at which the principal and sureties may be
served with notices, papers, and other documents under this
chapter.
(3) If the amount of the bond is based upon the value of
property or an interest in property, a description of the
property or interest, and the principal's estimate of the value
of the property or interest, or if given pursuant to the estimate
of the beneficiary or court, the value as so estimated.
(b) The sureties signing the bond are jointly and severally
liable on the obligations of the bond, the provisions of thisf
chapter, and the statute providing for the bond.
�i
§ 995.370.
Service of copy of bond
�M
the principal shall serve a copy
An affidavit of service shall be
At the time a bond is given,
of the bond on the beneficiary.
given and filed with the bond.
§ 995.380. Defect in bond
(a) If a bond does not contain the substantial matter or
conditions required by this chapter or by -the statute providing
for the bond, or if there are any defects in the giving or filing
of the bond, the bond is not void so as to release the principal
and sureties from liability.
(b) The beneficiary may, in proceedings to enforce the
liability on the bond, suggest the defect in the bond, or its
giving or filing, and enforce the liability against the principal
and the persons who intended to become and were included as
sureties on the bond.
§ 995.410. Approval of bond
(a) A bond becomes effective without approval unless the
statute providing for the bond requires that the bond be approved
by.the court or officer.. .
(b) If the statute providing for a bond requires that the bond
be approved, the court or officer may approve or disapprove the
bond on.the basis of the affidavit or certificate of the sureties
or may require the attendance of witnesses and the production of
evidence and may examine the sureties under oath touching their
qualifications.
(c)'Nothing shall be construed to preclude approval of a bond
in an amount greater than that required by statute.
§ 995.420. Time bond becomes effective
(a) Unless the statute providing.for..a bond provides that the
bond becomes effective at a different time, a bond is effective
at the time it is given or, if the statute requires that the bond
be approved, at the time it is approved.
(b) If the statute providing for a bond provides that the bond
becomes effective at a time.other than the time it is given or
approved, the bond is effective at the time provided unless an
objection is made to the bond before that time. If an objection
is made to a bond before the time provided, the bond becomes
effective when the court makes an order determining the
sufficiency of the bond.
§ 995.430. Term of bond
A bond remains in force and effect until the earliest of the
following events:
(a) The sureties withdraw from or cancel the bond or a new
bond is given in place of .the original bond.
(b) The purpose for which the bond was given is satisfied or
the purpose is abandoned without any liability having been
incurred.
(c) A judgment of liability on the bond that exhausts the
amount of the bond is satisfi.ed.
(d) The term of the bond expires. Unless the statute providing,
for the bond prescribes a fixed term, the bond is continuous.
§ 995.440. Term of license or permit bond
A bond given as a condition of a license or permit shall be
continuous in form, remain in full force and effect, and run';
concurrently with the license or permit period and any and all
renewals, or until cancellation or withdrawal of the surety from
the bond.
r
§•995.510. Qualifications of 'surety
(a) A personal surety on a bond is sufficient if all of the
following conditions are satisfied:
(1) The surety is a person other than the principal. No
officer of the court or member of the State Bar shall act as a
surety.
(2) The surety is a resident, and either an owner of real`,
property or householder, within the state.
(3) The surety is worth the amount of the bond in real or
personal property, or both, situated in this state, -over and
above all debts and liabilities, exclusive of property exempt
from enforcement of a money judgment.
(b) If the amount of a bond exceeds ten thousand dollars ($
10,000) and is executed by more than two personal sureties, the
worth of a personal surety may be less than the amount of the
bond, so long as the aggregate worth of all sureties executing
the bond is twice the amount of the bond.
§ 995.520. Affidavit of surety
(a) A bond executed by personal sureties shall be accompanied
by an affidavit of qualifications of each surety.
(b) The affidavit shall,contain all of the following
information:
(1) The name, occupation, residence address, and business
address (if any) of the surety.
(2) A statement that the surety is a resident, and either an
owner of real property or householder, within the state.
(3) A statement that the surety is worth the amount of the
bond in real or personal property, or both, situated in this
state, over and above all.debts and liabilities, exclusive of
property exempt from enforcement of•a money judgment.
(c) If the amount of the bond exceeds five thousand dollars ($
5,000), the affidavit shall contain, in addition to the
information required by subdivision (b), all of the following
information:
(1) A"description sufficient for identification of real and
personal property of the surety situated in this state and the
nature of the surety's interest therein that qualifies the surety
on the bond.
(2) The surety's best estimate of the fair market value of
each item of property.
(3) A statement of any charge or lien and its amount, known to
the surety, whether of public record or not, against any item of
property.
(4) Any other impediment or cloud known to the surety on the
free right of possession, use, benefit, or enjoyment of the
property.
(d) If the.amount of the bond exceeds ten thousand dollars ($
10,000) and is executed by more than two sureties, the affidavit
may state that the surety is worthless than the amount of the
bond and the bond may stipulate.that.the liability of the surety
is limited to the worth -of -the surety stated in the affidavit, so
long as the aggregate worth°of all sureties executing the bond is
twice the amount of the bond.
§ 995.610. Admitted surety insurer in lieu of personal sureties
(a) If a statute provides for a bond with any number of
sureties, one sufficient admitted surety insurer may become and
shall be accepted as sole surety on the bond.
(b) The admitted surety insurer isosubject to all the
liabilities and entitled to all the rights of personal sureties.
§ 995.620. More than one surety
Two or more admitted surety insurers may be sureties on a bond
by executing the same or separate .bonds for amounts aggregating
the required amount of the bond. Each admitted surety insurer is
jointly and severally liable to the extent of the amount of the
liability assumed by it.
§ 995.630. Authentication of bond
An admitted surety insurer shall not be accepted or approved
by the court or officer as surety on a bond unless, and shall be
accepted or approved by the court or officer without further;
acknowledgment if, all of the following conditions are satisfied:
(a) A copy of the transcript or record of the unrevoked
appointment, power of attorney, bylaws, or other instrument, duly
certified by the proper authority and attested by the seal of the
insurer entitling or authorizing the person who executed the
bond to do so for and in behalf of the insurer, is filed in the
office of the clerk of the county in which the court or officer
is located.
(b) The bond is executed in the name of the insurer under'
penalty of perjury or the fact of execution of the bond is duly
acknowledged before an officer authorized to take and certify
acknowledgments.
§ 995.640. Certificate of authority
The county clerk of any county shall, upon request of any',
person, do any of the following: 4
(a) Issue a certificate stating whether the certificate of
authority of an admitted surety issuer issued by the Insurance
Commissioner authorizing the insurer to transact surety
insurance, has been surrendered,..revoked, canceled, annulled,'or
suspended, and in the event that it has, whether renewed
authority has been granted. The county clerk in issuing the
certificate shall rely solely upon the information furnished by
the Insurance Commissioner pursuant to Article 2 (commencing with
Section 12070) of Chapter 1 of Part 4 of Division 2 of the
Insurance Code.
(b) Issue a certificate stating whether a copy of the
transcript or record of the unrevoked appointment, power of
attorney, bylaws, or other instrument, duly certified by the'
proper authority and attested by the seal of an admitted surety
insurer entitling or authorizing -the -person who executed a bond
to do so for and in behalf of the insurer, is filed in the office
of the clerk.
§ 995.650. Objection to sufficiency of surety
If an objection is made to the sufficiency of an admitted '
surety insurer, the person making the objection shall attach to
and incorporate in the objection one or both of the following:
(a) The certificate of the county clerk of the county in which
the court is located stating that the insurer has not been
W6
certified to the county clerk by the Insurance Commissioner as an
admitted surety insurer or that the certificate of authority of
the insurer has been surrendered, revoked, canceled, annulled, or
suspended and has not been renewed.
(b) An affidavit stating facts that establish the
insufficiency of the insurer.
§ 995.660. Determination of sufficiency of surety
(a) If an objection is made to the sufficiency of an admitted
surety insurer on.a bond or if the bond is required to be
approved, the insurer shall submit to the court or officer the
following documents:
(1) The original,. or a certified copy, of the unrevoked
appointment, power of attorney, bylaws, or other instrument
entitling or authorizing the.person who executed the bond to do
SO.
(2) A certified copy of the certificate of authority of the
insurer issued by the Insurance Commissioner.
(3) A certificate -from the county clerk of the county in which
the court or officer is located. that the certificate of authority
of the insurer has not been surrendered, revoked, canceled,
annulled, or suspended or, in the event .that it has, that
renewed authority has been granted.
(4) A financial statement of the assets and liabilities of the
insurer at the end of the quarter calendar year prior to 30 days
next preceding the date of the execution of the bond. The
financial statement shall;be made by an officers' certificate as
defined in Section 173 of the Corporations Code. In the case of a
foreign insurer the financial statement may, instead of an
officers' certificate, be verified by the oath of the principal
officer or manager residing within the United States.
(b) .If the admitted surety insurer complies with subdivision
(a) and if..it appears that the bond was duly executed, that the
insurer is authorized.to transact -surety -insurance in the state,
and that its assets exceed its liabilities in an amount equal to
or in excess of the amount of the bond, the insurer is sufficient
and shall be accepted*or approved as surety on the bond, subject
to Section 12090 of the -Insurance Code.
§ 995.710. Deposit of money, certificates, accounts, bonds, or
notes
(a) Except to the extent the statute providing for a bond
precludes a deposit in lieu of bond,.or limits the form of
deposit, the principal may, instead of giving a bond, deposit
Wif
with the officer any of the following:
(1) Lawful money of the United States. The money shall be!'
maintained by the officer in an interest-bearing trust account.
(2) Bearer bonds or bearer notes of the United States or the
State of California.
(3) Certificates of deposit payable to the officer, not
exceeding the federally insured amount, issued by banks
authorized to do business in this state and insured by the
Federal Deposit Insurance Corporation or by savings and loan
associations authorized to do business in this state and insured
by the Federal Savings and Loan Insurance Corporation. }
(4) Savings accounts assigned to the officer, not exceeding
the federally insured amount, together with evidence of the i
deposit in the savings accounts with banks authorized to do
business in this state and insured by the Federal Deposit
Insurance Corporation.
(5) Investment certificates or share accounts assigned to,the
officer, not exceeding the federally insured amount, issued by
savings and loan associations authorized to do business in this
state and insured by the. Federal Savings and Loan Insurance
Corporation.
(6) Certificates for funds or share accounts assigned to the
officer, not exceeding the guaranteed amount, issued by a credit
union, as defined in Section 14002 of the Financial Code, whose
share deposits are guaranteed by the National Credit Union
Administration or guaranteed by any other agency approved by the
Department of. Corporations.
(b) The deposit shall be in an amount or have a face value; or
in the case of bearer bonds or bearer notes have a market value,
equal to or in excess of the amount that would be required to be
secured by the bond if the bond were given:by an admitted surety
insurer. Notwithstanding any other provision of this chapter, in
the case of a deposit of bearer bonds or bearer notes other than
in an action or proceeding, the officer may, in the officer's
discretion, require that..the.amount.of.the deposit be determined
not by the market value of the bonds or notes but by a formula
based on the principal amount of the bonds or notes.
(c) The deposit shall be accompanied by an agreement executed
by the principal authorizing the officer to collect, sell, or!
otherwise apply the deposit to enforce the liability of the
principal on the deposit. The agreement shall include the
address at which the principal may be served with notices,
papers, and other documents under this chapter.
(d) The officer may prescribe terms and conditions to
implement this section.
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§ 995.720. Valuation of bearer bonds or notes
•
(a) The market value of bearer bonds or bearer notes shall be
agreed upon by stipulation of the principal and beneficiary or,
if the bonds or notes.are given in an action or proceeding and
the principal and beneficiary are unable to agree, the market
value shall be determined by court order in the manner prescribed
in this section. A certified copy of the stipulation or court
order shall be delivered to the officer at the time of the
deposit of the bonds or notes.
(b) If the bonds or notes are given in an action or
proceeding, the principal may file a written application with the
court to determine the market value of the bonds or notes. The
application shall be served upon the beneficiary and proof of
service shall be filed with the application. The application
shall contain all of the following:
(1) A specific -description of the bonds or notes.
(2) A statement of the current market value of the bonds or
notes as of the date of the filing of the application.
(3) A statement of the amount of the bonds or notes that the
principal believes would be equal to the required amount of the
deposit.
(c) The application pursuant to subdivision (b) shall -be heard
by the court not less than five days.or more than 10 days after
service of the application. If at the time of the hearing no
objection is made to the current market value of the bonds or
notes alleged in the application, the court shall fix the amount
of the bonds ornotes on the basis of the market value alleged in
the application. If -the beneficiary contends that the.current
market value of the bonds or notes is less than alleged in the
application, the principal shall offer evidence in support of the'
application, and the beneficiary may offer evidence in
opposition. At the conclusion of the hearing, the court shall
make an order determining the market value of the bonds or notes
and shall fix and determine the amount of the bonds or notes to
be deposited by the principal.
§ 995.730. Effect of deposit
A deposit given instead of a bond has the same force and
effect, is treated the same, and is subject to the same
conditions, liability, and statutory provisions, including
provisions for increase and decrease of amount, as the bond.
§ 995.740. Interest'on deposit
If no proceedings are pending to enforce the liability of the
6-11
i
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principal on the deposit, the officer shall:
(a) Pay quarterly, on demand, any interest on the deposit';
when earned in accordance with the terms of the account or
certificate, to the principal.
9
(b) Deliver to the principal, on demand, any interest coupons
attached to bearer bonds or bearer notes as the interest coupons
become due and payable, or pay annually any interest payable on
the bonds or notes.
i
§ 995.750. Obligation of principal
(a) The principal shall pay the amount of the liability on the
deposit within 30 days after the date on which -the judgment of
liability becomes final. i
P
(b) If the deposit was given to stay enforcement of a judgment
on appeal, the principal shall pay the amount of the liability on
the deposit, including damages and costs awarded against the
principal on appeal, within 30 days after the filing of the
remittitur from the appellate court in the court from which the
appeal is taken.
§ 995.760. Enforcement against deposit
u
(a) If the principal does not pay the amount of the liability
on the deposit within the time prescribed in Section 995.750,
the deposit shall be collected, sold, or otherwise applied to,the
liability upon order of the court that entered the judgment of
liability, made upon five days' notice to the parties.
(b) Bearer bonds or bearer notes without a prevailing market
price shall be sold at public auction. Notice of sale 'shall be
served on the principal. Bearer bonds or bearer notes having a
prevailing market price may be sold at private sale at a price
not lower than the prevailing market price.
(c) The deposit shall be distributed in the following order:
(1) First, to pay the cost of collection, sale, or other
application of the deposit.
r,
(2) Second, to pay the judgment of liability of the principal
on the deposit.
(3) Third, the remainder, if'any, shall be returned to the +;
principal.
§ 995.770. Return of deposit
t
h,
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I
A deposit given pursuant to this article shall be returned to
the principal at -the earliest of the following times:
(a) Upon substitution of a sufficient bond for the .deposit.
The bond shall be in full force and effect for all liabilities
incurred, and_for acts, omissions, or causes existing or which
arose, during the period the deposit was in.effect.
(b) The time provided by Section 995.360 -for return of a bond.
(c) The time provided,by statute for return of the deposit.
§ 995.810. Application of article
The provisions of this article apply to a bond executed to, in
favor of, in the name of, or payable to the State of California
or the people of the state, including but not limited to an
official bond:
§ 995.820. Bond.by officer of court
Except as otherwise provided.by statute, a bond given by an
officer of the court for the faithful discharge of the officer's.
duties and obedience to the orders of the court shall be to the
State of California.
§ 995.850. Enforcement by or for benefit of persons damaged
(a) The liability.on a bond,under this article may be enforced
by or,for the" benefit -of, and:in the name of, any and all
persons for whose benefit the bond is_given who are damaged by
breach of the condition of the bond.
(b), A person'described in subdivision (a) may, in addition to
any other remedythe person has, enforce the liability on.the
bond in the person's.own name, without assignment of the bond.
§ 996.020. Bond other than in action or proceeding
(a), If a bond is given other than in an action or proceeding
and it is shown by affidavit of a credible witness or it
otherwise comes to the attention of the officer that the bond is
or has from„any cause become insufficient because the sureties
are insufficient or'because.the amount of the,bond is
insufficient, the officer may serve an order on the principal to
appear and show cause why the officer should not make a
determination that the bond is insufficient. The order shall name
a day not less than three or more than 10 days after service.
Iit
(b) If the principal fails to appear or show good cause on the
day named why a determination that the bond is insufficient,
should not be made, the officer may determine that the bond is
insufficient and order a sufficient new, additional, or
supplemental bond to be given.
(c) If a sufficient bond is not given within 10 days after the
order, the officer shall make an order vacating the rights
obtained by giving the original bond, including declaring vacant
any office and suspending or revoking any license or certificate
for which the bond was given. Any office vacated, license
suspended or revoked, or any other rights lost, for failure to
give a new, additional, or supplemental bond, shall not be 4
reinstated until a new, additional, or supplemental bond is
given.
§ 996.030. Reduced bond
(a) The court if a bond is given or ordered in an action or
proceeding, or the officer if a bond is given or ordered other
than in an action or proceeding, may determine that the .amount of
the bond is excessive and order the amount reduced to an amount
that in the discretion of the court or officer appears proper,
under the circumstances. The order is subject to any limitations
ih the statute providing for the bond.
(b) The determination shall be made upon motion or affidavit
of the principal in the same manner as a motion or affidavit for
a determination under this article that a bond is insufficient.
The notice of motion or the order to show cause made pursuant to
affidavit shall be served on the beneficiary. The determination
shall be made in the same manner and pursuant to the same
procedures as a determination under this article that the bond is
insufficient.
(c) The principal may give a new bond for the reduced amount.
The sureties may be the same sureties as on the original bond.
§ 996.210. When bond given
(a) The principal shall give a new, additional, or
supplemental bond if the court or officer orders that a new,
additional, or supplemental bond be given.
(b) The principal may give a new bond if a surety withdraws
from or cancels the original bond or.to obtain the release of',,!
sureties from liability on the original bond.
§ 996.220. Contents of bond
(a) A new, additional, or supplemental bond shall be in the
MVP
same form and have the'same'obligation as the original bond and
..shall be in all other respects the same as the original bond, and
shall be in such amount_as is necessary for the purpose for which
the new, additional, or supplemental bond is.given.
(b) A.supplemental bond shall,.in addition to any other
requirements, recite the names of the remaining -original
sureties, the name of.the new.surety,.and the amount for which
the new surety is liable. The supplemental- bond shall be for the'
amount for which the original surety was,liable on the original
bond.
§.996.230. Provisions applicable to bond
A new, additional, or supplemental bond -.is subject to all the
provisions applicable'to the original bond and to the provisions
of this chapter, including but not limited to the provisions
governing giving,and objecting to a bond and liabilities and
enforcement procedures.
§ 996.240. Effect of new.bond
If anew -bond -is .given in place of the original bond:
(a) .The original bond remains in full force and effect for all
liabilities incurred before, and for acts, omissions, or causes
existing or which arose before, the"new bond became effective.
(b) The sureties on the original bond are not liable for any
act, default, or misconduct of the principal or other breach of
the condition of'the bond that occurs; after or for any
.,liabilities on the.bond•that.arise.after, the new bond becomes
effective.
§ 996.250. Effect of addtionallor'supplemental bond
(a) An.additional or supplemental bond does not"discharge or
affect the original bond. The -original bond remains in full force
and effect as.if.,the additional or.supplemental.bond had not.been
given.
(b)'After an additional or supplemental bond is given, the
principal and sureties are liable upon either or both bonds for
injury.caused by breach of any condition of the bonds. -Subject to
subdivision (c),.the beneficiary may enforce the -liability on
either Ibond, or'may enforce the -liability separately on both
bonds and recover"separatejudgments of liability on both.
(c) If the beneficiary recovers separate judgments of
liability on both bonds for the same -cause of action, the
-beneficiary.may enforce -both judgments. The beneficiary may
g�5
+ ,2
collect, by execution or otherwise, the costs of both.proceedings
to enforce the liability and the amount actually awarded to the
beneficiary on the same cause of action in only one of the
proceedings, and no double recovery shall be allowed.
(d) If the sureties on either bond have been compelled to pay
any sum of money on account of the principal, they are entitled
to recover from the sureties on the remaining bond a distributive
part,of the sum paid, in the proportion the amounts of the bonds
bear one to the other and to the sums paid.
§ 996.310. Application of article
This article governs cancellation of or withdrawal of a surety
from a bond given other than in an action or proceeding.
§ 996.320. Notice of cancellation or withdrawal i
A surety may cancel or withdraw from a bond by giving a notice
of cancellation or withdrawal to the officer to whom the bond was
given in the same manner the bond was given, notwithstanding
Section 995.030. The surety shall at the same time mail or
deliver a copy of the notice of cancellation or withdrawal to the
principal.
§ 996.330. Effective date of cancellation or withdrawal
;c
Cancellation or withdrawal of a surety is effective at the,
earliest of the following times:
(a) Thirty days after notice of cancellation or withdrawal, is
given.
(b) If a new surety is substituted for the original surety'',
the date the substitution becomes effective.
(c) If a new bond is given, the date the new bond becomes
effective.
§ 996.350.' New bond not required
If the withdrawal of a surety does not reduce the amount of
the bond or the number of sureties below the minimum required;by
the statute providing for the bond, no new bond is required or
necessary to maintain the original bond in effect.
§ 996.360. Liability of surety
If a surety cancels or withdraws from a bond:
i
(a) The bond remains in full force and effect for all
liabilities incurred before, and for acts, omissions, or causes
existing or which arose before,'the cancellation or withdrawal.
Legal proceedings may be had therefor in all respects as though
there had been no,.cancellation or withdrawal.
(b) The surety isnot liable for any act, default, or
misconduct of the principal or .other breach of the-condition of
the bond that occurs after; or for any liabilities on the bond.
that arise after,,the cancellation or withdrawal_
(c) The cancellation or-withdrawal_does.not affect the bond as,
to the remaining,-sureties, or alter or change :their liability in
any.respect.
APPENDIX C
Examples of how financial assurances should be made payable.
"...made payable to Placer County or the Department of
Conservation...":.
"...made payable to the City of Jackson or the Department of
Conservation...".
"...made payable to San Diego County or the Department of
Conservation or the Bureau.of Land Management...".
0
APPENDIX D1
IRREVOCABLE LETTER OF -CREDIT
Irrevocable Letter of•Credit Number
,Expiration Date: As set out below '
Beneficiary(s):. (1) Lead Agency
Address:
(2) California Department of Conservation
office of Mine Reporting and
r
Reclamation ,& Compliance
801 K Street, MS 09-06
'Sacramento, CA 95814-3529
This will serve as notice and agreement that .Name of Bank-, a
Financial Institution subject to regulation by the State of
Regulating State and duly authorized to do business in
the State of California, -has -on, deposit -the necessary amount of
$ (United States. Dollars) -pledging and guaranteeing
these funds to the lead agency- and/or -the Department of
Conservation to.meet the obligations of Applicafit to
establish and perform a reclamation plan and mitigation measures
.pursuant to Mining/Reclamation Plan approved .by the
lead agency, on Approval Date
The $ will•be distributed.to the
Beneficiary.(ies) upon the authorization and direction of a duly
.authorized -representative of the lead aaencv or the
Department of Conservation, -which accompanied ' by the documents
hereafter described and subject to the following conditions.
(1) The lead agency may draw hereunder by
means of its draft(s), accompanied by this
original Letter of*Credit and the following
signed and dated -statement, appropriately
completed:.
x
The amount of our accompanying draft $
represents a sum due to the lead agency
pursuant to Public Resources Code Section 2773.1(b).
The lead agency has determined, following a
public hearing, that Applicant -is financially
incapable of performing reclamation in accordance with
its approved reclamation plan, or has abandoned its
surface mining operation without commencing
DI- I
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IS ti
• �I
reclamation, and Applicant has been provided
with notice and opportunity to cure (which cure period
has expired), all in accordance with the provisions P f
Public Resources Code Section 2773.1(b). The
individual signing below certifies that the foregoing
statements are true and correct and that the signatory
is authorized to sign and deliver this statement on
behalf of lead agency , and that a copy of this
statement has been forwarded by certified mail or
courier service to'the Department of Conservation. ";
LEAD AGENCY
r.
By:
'+
y:
Name:
Title:
(2) The Department of Conservation may draw ;E
hereunder by means of its draft(s),
accompanied by the following signed and dated
statement, appropriately completed (the
original Letter of Credit need not accompany j
the draft (s)
The amount of our accompanying draft $ "pis
due to the Department of Conservation pursuant to
Public Resources Code Section 2773.1(b). The
Department of Conservation, or the lead agency
has determined, following a public hearing,.that
ARplicant is financially incapable of
performing reclamation in accordance with its approved
reclamation plan, or has abandoned its surface mining
operation without commencing reclamation, and notice;;
and opportunity to cure have been given (with the cure
period having expired), all in accordance with Public
Resources Code Section 2773.1(b) and (d). The I
individual signing below certifies that the foregoing
statements are true and correct and that the signatory
is authorized to sign and deliver this statement on
behalf of the Department of Conservation, and that a4
copy of this statement has been forwarded by certified
mail or courier service to the lead a enc
California State Department of
Conservation
By:
i�
Name:
Title:
1)1-z
This.Letter of Credit shall be in full force and effect until
receipt of a written statement by a duly authorized
representative of the lead agency or the Department of
Conservation that all of the obligations secured hereby have been
performed or until disbursement of all funds pledged and
guaranteed hereunder pursuant to the preceding paragraphs or
until the Expiration Date hereunder. -
The Letter of Credit shall expire Expiration Date at
the counters of Financial Institution and Address or any
extended date as hereinafter provided. It is a condition of this
Letter of Credit that it shall be automatically extended for
additional periods, each of one year, unless.at least one hundred
twenty (120) days prior to the then relevant expiration date
Financial Institution has advised the lead agency
and the Department of Conservation by registered or certified
mail that Financial Institution elects not to extend. In
that event, the lead agency and/or the Department of
Conservation may draw hereunder on or prior to the then relevant
expiration date, up to the full amount available hereunder,
against the sight draft(s)' on Financial Institution ,
bearing the number of.this Letter of Credit.
The amount of this Letter of Credit may be reduced in accordance
to conditions set forth in the above -referenced
Mining/Reclamation Plan , provided that any such reduction
shall be made only with the written approval of a duly authorized
representative of the lead agency and/or the Department
of Conservation.
This Agreement shall be governed by and construed in accordance
with the laws of the State of California. This credit shall be
subject to the Uniform Customs and Practice for Documentary
Credits'(1983 Revision), International Chamber of Commerce -
Publication No. 400 notwithstanding Article 19 of said
publication. If this Letter of Credit expires during an
interruption of business as described in Article 19,
Financial Institution is hereby specifically authorized
and agree to effect payment if the letter is drawn within thirty
(30) .days after the resumption of business.
This shall constitute and irrevocable commitment of funds which
shall not be subject to recall by Financial Institution
before the Expiration Date hereunder.
Name of Financial Institution
(SEAL) By:
Name:
Title:
DI -3
APPENDIX D2
STATE OF CALIFORNIA
DEPARTMENT OF CONSERVATION
' BOND NO.
MINE RECLAMATION INDEMNITY BOND
Public Resources Code Sections 2770 and 2773.1
For Surface Mining Operations'
- The premium on the
bond is $
per annum.
KNOW ALL PERSONS BY THESE PRESENTS:
That
(or) (Partners or Corporation)
That I,
(Individual)
as principal, having an address for service of
and
(surety)
a corporation organized under the laws of the STATE of
and authorized.to transact surety business in the STATE OF CALIFORNIA, as
surety, having an address for service of
are held and firmly
bound to the STATE OF CALIFORNIA, Department of`Conservation,'or
(lead agency) or (federal
agency) in the sum of lawful money of the United States of
America, to be paid to the State of California, Department of Conservation,
or or' , for which payment we bind ourselves,
our heirs, executors, and. -successors, jointly and severally, firmly by
these presents.
WHEREAS, said principal is about to engage in surface mining in CALIFORNIA,
as defined by Division 2, Section -2735 of the Public Resources Code, and is
required to file a financial assurance to guarantee site reclamation in
accordance with Section 2773.1 of the.Public Resources Code;
NOW, THEREFORE, the conditions of the foregoing obligation are that if the
principal shall comply with --all the provisions'of Division.2, (commencing
with Section 2770)," California Code of Regulations 3500 et seq., any
conditions contained in the ordinances of (lead agency), and
any conditions or stipulations regarding site reclamation contained in the
lead agency -approved reclamation plan or mining permit, then this
obligation shall be void; otherwise, it shall remain in full force and
effect.
FURTHERMORE, the aggregate liability of the Surety hereunder on all claims
whatsoever shall not exceed the penal sum of this bond in any"event. This
bond may be terminated and cancelled only in accordance with the provisions
of Section 2773.1 of the Public Resources Code. This bond is executed by
the Surety to comply with the requirements of Division , Chapter of the
Public Resources Code, and of Chapter 2, Title 14, Part 2 of the Code of
Civil Procedure and the bond shall be subject to the terms and provisions
thereof.
This bond is to become effective on
[Principal]
d
19
Address:
i
Executed for Principal By:
(Signature) +
[SEAL]
(Printed or Typed Name)
(Title)
(Date)
I certify (or declare) under penalty of perjury under the laws of
the State of California that I have executed the foregoing bond under an
unrevoked power of attorney. a
�r
Executed at on , 19
(City and State) (Date)
i.
[Surety] "
Address:
[SEAL]
By:
(Signature of Attorney -in -Fact)
u
9
(Printed or Typed Name of
Attorney-in;Fact)
'W—z
0
APPENDIX D3
CERTIFICATE OF DEPOSIT
WRITTEN INSTRUCTIONS FOR THE ESTABLISHMENT AND ENCASHMENT OF
A CERTIFICATE OF DEPOSIT TO BE ISSUED FOR Applicant
The certificate of deposit (CD) -is to be established and encashed
through the following procedures:
Applicant's bank or financial institution will issue
a CD in the amount of $ which will be automatically
renewed each year through the year unless it is determined
pursuant to the terms of the California Surface Mining and
Reclamation Act (SMARA), Public Resources Code Section 2710 et
seq., that the financial assurance should be adjusted. Should
this occur, __ARRLigaMt will be required to make the
necessary adjustment and submit a new CD. The certificate itself
will bear a notation evidencing automatic renewal and will name
both the .lead agency and, in the alternative, the
Department of Conservation as payees.
The bank or financial institution shall be authorized to encash
the CD at any time at the request of the lead agency and/or the
Department of Conservation, and to deliver such funds to the lead
agency, or the Department of.Conservation upon written
certification from the lead agency and/or the Department of
Conservation that Applicant has failed to perform .any
applicable requirement of Reclamation Plan No.
Encashment of the CD by the lead agency or the Department of
Conservation is predicated upon the lead agency or the Department
of Conservation following the noticing and hearing procedures set
forth in SMARA Section 2773.1.
The bank or financial institution shall be authorized to encash
the CD at the instance and request of Applicant , and to
deliver such funds to Applicant , only upon receipt
of a written release from the -lead agency -and the'Department of
Conservation relinquishing their claim to the CD.
The bank or financial institution shall provide a letter (signed
by a duly authorized officer of the financial institution) to the
lead agency and the Department of Conservation verifying the CD
and the procedures by which the CD may be encashed.
- A i
INTER -DEPARTMENTAL MEMORANDUM
Department of Development Services
TO: Butte County Board. of Supervisors
COUNTY OF BUTTE
FROM: Bill Farrel, Director of Development Services SEPT. OF PUBLIC WORKS
Tom Last, Senior. Planner, Planning Division
APR 12 1993
SUBJECT: SURFACE MINING UPDATE
DATE: April 12, 1993
The Board recently received a letter from the Department of Conservation dated
February 23, 1993. The * letter outlined the compliance status of various mines
operating within the County and the potential sanction against those mines that are
not found to be in full conformance with SMARA. The letter was referred to the
Development Services department for response. The .purpose of this memo is to
update the Board on the status of compliance with the, state laws referenced in the
letter by each of the commercial mines in the County.
Staff has been in active communication with the mining operators'in the county prior to
and since the February 23rd letter from the state. All mining operations listed by the
state in the February 23rd letter; with the exception of two mines on federal property,.
and the Franklin Mine, have recently been inspected per the state's requirements. The
purpose of these physical inspections, was to ensure conformance with the applicable
mining permits and reclamation plans. All but one operation have now provided
updated financial assurances which, name the state in addition to the county. One has
not submitted a financial assurance to the county. The two, that have not yet provided
the financial assurances are fully aware of their requirements and are in the process of
complying. One operator with a county permit, Ohio -Dix Mine, never started
operations.
Two of the operations are located on lands under federal jurisdiction. These are the
Arlington -U.S. Placer Mining Claim #1 and the Hornet Mine. Until .the last few weeks,,
staff was unaware that the county is apparently obligated to regulate and monitor
permit compliance for these two mines.
We recently' received a package of information about each from the Department of
Conservation. Both mines were originally permitted by the Forest Service and the .
Forest Service still has some inspection responsibility. The state wants the county to
require these two operators to apply for permits from the county and then to have the
Butte County Board of Supervisors
April 12,1993
Page 2
county do the annual inspections. This -is yet another case of the state saddling local
jurisdictions with'unfunded responsibilities. Yet, in order to help protect these two
mine operators from possible ineligibility to sell their materials to -the state, we are in
the process of contacting them and requesting that they apply for mining, permits from
the county. Attached is a status update on,all mines on the state's list. With
exception of the few items just noted above, it is our belief that this list of operators is
in basic compliance with state laws, We are in contact with the state to confirm this.
There are. many other mines.. with county permits, that have not started operation and
not subject to the inspections.
A final update is that the Surface Mining Aggregate Operations Committee resumed
their meetings on March 18, .1993. The meeting was an overview and update for the
benefit of the -new members recently appointed by the Board. Two detailed meetings
were subsequently held to review the proposed ordinance changes. These meetings
held on March 25th and April,1 st were very productive.. The Committee anticipates
being able to submit recommendations to the Board within the next month or two.
BF:jl
Attachment:
Letter dated 2-23-93 from the Department of Conservation
ST. % E'OF' A IFORNIA - THE RESOURCE
r,G::. Fkk,:�'kT'�a PETE WILSON, Governor
DEPARTMENT OF CONSERVATIO I'iiN - 1993
DIVISION OF ADMINISTRATIVE SERVICES I
DIVISION OF MINES AND GEOLOGY
DIVISION OF OIL AND GAS
DIVISION OF RECYCLING
801 K Street, MS 09-06
Sacramento, CA 958143529
(916) 323-9198
February 23, 1993
Dwelopment Services
Honorable Mary Anne Houx; Chairperson MAR 0 5 1993
Butte County Board of Supervisors Oroville, Califomia
25 County Center Drive
Oroville, CA 95965
Dear Chairperson Houx:
As you may be aware, legislation was passed last year requiring
Caltrans and other State agencies to buy mineral materials, such
as sand and gravel, only from mining operations that appear on a
list prepared by the Department of Conservation showing
operations which meet requirements of the Surface Mining and
Reclamation Act (SMARA) and Public Resources Code Section 2207.
Specifically, an operation must have sent an annual report to the
Department, along with copies of reclamation plans and financial
assurances, approved by their lead agency, to be placed on the
list. The list, entitled "AB 3098 SMARA Compliance List", will
be published in the California Regulatory Notice Register in the
issue nearest July 1, 1993, and will be updated quarterly.
A DRAFT of the AB 3098 SMARA Compliance List,'identifying
"eligible" operations as of February 19, 1993, has been compiled.
This draft list is available for review in order to alert
interested parties to potential supply problems, to correct any
errors, and to rectify omissions. It was compiled and released
at this time to allow operators who are not on the list several
months to prepare and receive approvals on reclamation plans or
financial assurances in order to be on the first official list..
THIS IS NOT A FINAL LIST, and will be modified to include any
information we receive until June 1, 1993, which will he the
deadline for the July list.
Enclosed'is a list of operations in your County reporting to our
Office, and their current status regarding AB 3098 requirements.
In order to be shown as eligible on the first official list, and
to be reflected as eligible on the enclosed draft list, an
operation must have:
o An acceptable financial assurance, with proof of lead
agency approval;
o An approved reclamation plan, with proof of lead agency
approval. Please note that progress toward a
reclamation plan or demonstration of good faith does
not qualify under statute for inclusion on the list.
Honorable Mary Anne Houx, Chairperson
February 23, 1993
Page Two
o Sent the above, along with their annual report, to the
Office of Mine Reporting and Reclamation Compliance;
or
o A reclamation plan or financial assurance appeal
pending with the State Mining and Geology Board.
If operations in your jurisdiction have received reclamation plan
or financial assurance approvals, and are not shown as eligible
on the enclosed list, please urge them to forward the information
to our Office as soon as possible. If operations have not yet
obtained the necessary approvals, we recommend that you work with
the operators to comply with these requirements of SMARA. Please
keep in mind -that both reclamation plans and financial assurances
must be sent to the Department for review at least 45 days prior
to lead agency approval.
Please send additional information to:
Department of Conservation"
Office of Mine Reporting and Reclamation Compliance
801 K Street, MS 09-06
Sacramento, CA. 95814-3529
As may be inferred from -the above, if a county lacks sufficient
eligible operations, Caltrans could cease or reduce roadbuilding,
maintenance or safety activities in that jurisdiction. The
Department understands that the requirements of SMARA have been
new and difficult for both operators and lead agencies to deal
with. However, we strongly encourage all lead agencies to work
closely with their operators to help make the law work. We stand
ready to assist both operators and lead agencies in their efforts
toward meeting these requirements.
If we.can answer any questions on the list or on SMARA, please
contact our Office at (916) 323-9198.
Sincerely,
Dennis J. O'Bryant
Chief, Office of Mine Reporting
and Reclamation Compliance
DJO: efh
Enclosure
cc: County Planning Director
State Mining and Geology Board
1991'MINING OPERATION ANNUAL REPORTS-RECEIVED AS OF 02/19/93
I)kAFr
. Butte county
91-04-0001** --
Pentz,Pit (Baldwin Contracting Co.)
91-04-0002 --
Parker Quarry - Site B (Earl Parker, Jr.)
91-04-0003 --
Arlington & U.S. Placer Mining Claim 11.-(John A.
Perona),,
91-04-0004 --
Robinson Pit/ Oroville Wildlife.Area (Robinson
Construction Co.;-Inc,)
91-04-0005 --
Robinson Pit (Robinson Construction Co., Inc.)
91-04-0006- --
Parker Rock Quarry (Nordic Industries)
91-04-0007 --
Mathews-Readymix - Vance-Ave. Plant
91-04-0008 --
Mathews,.Readymix - State Land Pit
91-04-0009 --
Hornet Mine -(Leo J. & Roland E. Stromberg)
91-04-0010 -- -
Ohio-Dix-(Para - Butte Mining, Inc.)
_91-04-0011 =-
Green Rock Quarries (Roger Green)-
9i-04-0012 --
Franklin.Construction Co.
-
** Eligible'f.or
the AB 3098.SMARA Compliance List
MINE NAME
COUNTY NO.
STATE ID NO.
Pentz Pit -
79-99
91-04-0001
Baldwin
81-38
82-23
Bangor Park Quarries -
88-35•
91-04-0002,0006
Parker
Robinson Pit &
89-58
91-04-0004,0005
Oroville Wildlife Area Pit
91-04
Vance .Avenue Pit -
77-96
.91-04-0007
Mathews Readymix
State Lands Pit'- "'
86-38
'91 -04 -0008 -
91=04-0008-Mathews"Readymix
Mathews Readymix
Franklin Construction
91-04-0012
Green"Rock Quarries
83-40
91-04-0011
86-66
Ohio -Dix Mine -
83-33
91-04-0010
James Wilder
Arlington -'U.S.
91-04-0003
Placer Mining Claim #1
Hornet Mine
91-04-0009
REC. FINANCIAL
PLAN ASSURANCES INSP.
APPROVED APPROVED DATE
Yes Yes 3-10-93
Yes
Yes
Yes
Yes
No
Yes
Yes
NOTES
No* 2-16-93 Pit"B"
Never
activated
Yes 3-3-93
Yes 2-16-93
Yes 3-4-93
No
Yes** 3-16-93
Yes
* Financial assurance needed.
** Financial assurance needs to be amended to name State Department of Conservation.
*** - On federal land, no annual report filed or county mine permit or reclamation plan.
Idle mine
Application
incomplete
Never
activated
permit
***
GPI
r
5
STATE OF -CALIFORNIA - THE RESOURCE4ANCY PETE WILSON, Governor
DEPARTMENT OF CONSERVATION
DIVISION OF ADMINISTRATIVE SERVICES
DIVISION OF MINES AND GEOLOGY
DIVISION OF OIL AND GAS
DIVISION OF RECYCLING
801 K Street, MS 09-06
Sacramento, CA 95814-3529
(916) 323-9198
February 23, 1993
Honorable Mary Anne Houx, Chairperson
Butte County Board of Supervisors
25 County Center Drive
Oroville, CA 95965
Dear Chairperson.Houx:
As you may be aware, legislation was passed last year requiring
Caltrans and other State agencies to buy mineral materials, such
as sand and gravel, only from mining operations that appear on a
list prepared by the Department of Conservation showing
operations which meet requirements of the Surface Mining and
Reclamation Act (SMARA) and Public Resources Code Section 2207.
Specifically, an operation must have sent an annual report to the
Department, along with copies of reclamation plansand financial
assurances; approved by their.lead agency.,.to be placed on the
list. The list, entitled 'tAB 3098 SMARA Compliance List", will
be published in -the California Regulatory Notice Register in the
issue.nearest-July, 1, 1993,. and -will be updated quarterly-..
A DRAFT of the AB.3.098 SMARA Compliance List, identifying
"eligible" operations as of February 19, 1993, has been compiled.
This draft list is available -for review in order to alert.
interested parties -to potential supply problems, to correct any
errors, and to rectify omissions. It was compiled and released
at this time to allow operators who are not on the list several
months to prepare and receive approvals on reclamation plans or
financial assurances in order to be ori the first official list.
THIS IS NOT A FINAL LIST, and will be modified to include any
information we receive until June 1, 1993, which will be the
deadline for the July list.
Enclosed is a list of operations in your County reporting.to our
Office, and their current status regarding AB 3098 requirements.
In order to be shown as eligible on the first official list, and
to be'.reflected_ as -eligible on the enclosed draft list,, an'
oper.ation'.must have:
o ;An .acceptable financial: assurance,. with.. proof ..of . lead
agency approval; .
o- An approved reclamation plan*, with proof of lead agency
approval. Please note that progress toward a
reclamation plan or demonstration of good faith does
not qualify under statute for inclusion on the list.
Honorable Mary -Anne Houx, Chairperson
February 23, 1993
.Page Two
o Sent the above, along with their annual report, to the
Office of Mine Reporting and Reclamation Compliance;
or
o A reclamation plan or financial assurance appeal
pending with the State Mining and Geology Board.
If operations in your jurisdiction have received reclamation plan
or financial assurance approvals, and are not shown as eligible
on the enclosed list, please urge them to forward the information
to our Office as soon as possible. If operations have not yet
obtained the necessary approvals, we recommend that you'work with
the operators to'comply with these requirements of SMARA. Please
keep in mind that both reclamation plans and financial assurances
must be sent to the Department for review at least 45 days.prior
to lead agency approval.
Please send additional information to:
Department of Conservation
Office of Mine Reporting and Reclamation Compliance
801 K Street, MS 09-06
Sacramento, CA 95814-3529
As may be inferred from the above, if a county lacks sufficient
eligible operations, Caltrans could cease or reduce roadbuilding,
maintenance or safety activities in that jurisdiction. The
Department understands that the requirements of SMARA have been
new and difficult for both operators and lead agencies to deal
with. However, we strongly encourage all lead agencies to work
closely with their operators to help make the law work. We stand
ready to assist both operators and lead agencies in their efforts
toward meeting these requirements.
If we can answer any questions on the list or on SMARA, please
contact our Office at (916) 323-9198.
Sincerely,
Dennis J. O Bryant
Chief, Office of Mine Reporting
and Reclamation Compliance
DJO:efh
Enclosure
cc: County Planning Director
State Mining and Geology Board
1991 MINING OPERATION-ANNUAL`-REPORTS'`RECEIVED AS OF02/19/93
Butte County`
91-04-0001** +' -- Pentz Pit (Baldwin Contracting Co.)
91-04-0002 Parker Quarry -.Site B (Earl Parker, Jr,.).
91-04-0003 -- Arlington & U.S. Placer Mining'Claim.#1_:.(John A.
Perona)
91-04-0004 v - Robinson, Pit/ Oroville Wildlife Area (Robinson
Construction Co., Inc.)
91-04-0005 Robinson Pit (Robinson Construction Co`., Inc.)
91-04-0006 v -- Parker Rock Quarry (Nordic'Industries)
91-04-0007 -- Mathews Readymix - Vance Ave. Plant
91-04-0008 -- Mathews Readymix - State Land Pit
91-04-0009 v -- Hornet Mine (Leo J. & Roland E. Stromberg)
.,91-04-0010 4i -- Ohio -Dix (Para .Butte Mining, . Inc-..)
91-04-0011 -- Green Rock Quarries (Roger Green)
91-04-0012 ✓ -- Franklin Construction Co.
i .File No. .e-..•_•.: � �-
\' BUTTE COUNTY (For Action 1,2,3)
Public Works De artmen (For information ✓)
Director =
Deputy Director V
Secretary • .
Rd. & Br. Mtce.
Shop & Yard
Bldg. Insp. Admin.
Design Engineer t
Road Design
Bridge Engineer
Const. Engineer
Surveys C
Mapping
Solid Waste
''�� �' • ' `• � Transportation
. Permits
Addressing
**`Eligible for the AB -3098 SMARA--Compliance List
{ ties
California: State Association of Gun
January 26, 1993 ,
TO: Chairs, County Boards -of Supervisors
Directors, County Public Works Departments
Directors, County Planning Departments
FROM: Karen Keene, Associate Legislative Representative
• RE: ` Amendments to the Surface Mining and Reclamation Act (SMARM
Please find attached, the Department of Conservation's summary of recent amendments to.
• SMARA,, as enacted by AB 3098 (Sher, Ch. 1077) -and SB 1569 (Rogers, Ch. 1066). Under the +
provisions of AB' 3098,1,all state,- agencies are prohibited from purchasing or utilizing mineral -
resource materials ,from, a minig operation which does not have a lead agency approved
reclamation plan and appropriate financial assurances. Apparently, Caltrans purchasing activities
will be seriously impacted by`this new law since a large number of the mines they purchase.road
pavement materials from, are out.of compliance with'SMARA. .,Attachment 2 is`a 'list•of the
counties with mines qualifying to sell to Caltrans.' The list also'specifies which counties with a
few or no mines that qualify."The Department of Conservation has indicated that the reason many.
mines are •out,of compliance is either the fault of the lead agencies or the mine operators.
"
.'Whatever the case may be, there is a need generate some ideas for helping counties implement
r• SMARA.
If you have, any'questi1ons'or,sbgdestions please give me a call. The CSAC Agriculture and
Natural Resources Policy Committee will be discussing SMARA at their next meeting which is
scheduled for Thursday, March 4, 1993, at 10:30 •a.m. - 4:30 p.m., in the CSAC First Floor,
Conference Room: If you would like to' attend please -contact Sandi Reynolds. at, CSAC,-(916).
' 327-7512 ,b ...
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1100 K Street, Suite 101 / Sacramento, CA 95814-3941 / 916-327-7500 ' / FAX 916-441-5507
- . .%
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STATE OF. CALIFORNIA—THE RESOURCES AGENCY PETE WILSON, Governor
DEPARTMENT OF CONSERVATION
DIVISION OF ADMINISTRATION
DIVISION of MINES AND GEOLOGY •�
DIVISION OF OIL AND GAS
DIVISION OF RECYCLING
December 17 , 1992 801 K Street, MS 24-01
Sacramento, CA 958143528
Phone (916) 322-1080
FAX 1916) 445-0732
Amendments to the Surface Mining and Reclamation Act
and
Public Resources Code Section 2207
TO ALL INTERESTED PARTIES:
Recently, the Surface'Mining and Reclamation Act of 1975-(SMARA,
Public Resources Code Section 2710 et seq.; copy enclosed), and
Public Resources Code (PRC) Section 2207 (copy enclosed) were
amended with the enactment of AB 3098 (Sher, Chapter 1077,
Statutes of 1993) and SB 1569 (Rogers, Chapter 1066; Statutes of
1993). The following is a summary of the new requirements which
take effect January 1, 1993.
* Public agencies owning and/or operating surface mining
operations must pay annual reporting fees pursuant to PRC
Section 2207 (see SMARA Section 2719);
* The Department of Conservation must publish in the
California Regulatory -Notice Register a list.of mining
operations in compliance with existing statute. Commencing
on July 1, 1993, the list shall be published on a quarterly
basis and indicate: (1) mining operations with lead agency
approved reclamation plans and financial assurances; and (2)
mining operations with an appeal pending before the Board
pursuant'to SMARA Section 2770(e) (see SMARA Section
2717(b));
* Effective July 1, 1993, all state agencies are prohibited
from purchasing or utilizing mineral resource materials
unless the mining operation is identified on the above list
(see Public Contract Code Section 10295.5);
*. Requires the State Mining and Geology Board to adopt, by.
March 1, 1993, guidelines implementing SMARA's financial
assurance requirement (see SMARA Section 2773.1(f));
* Emergency excavations or grading conducted by the.Department
of Water Resources (DWR) or the Reclamation Board for flood
control purposes are exempt from SMARA and PRC Section 2207
requirements. DWR and the Reclamation Board are required to
adopt a reclamation plan for each of these operations, and
To All Interested Parties
December 17, 1992
Page 2
submit a report on.the activities to the Department of
Conservation on an annual basis'-(see-SMARA Section 2714(f)
F
and (g)) f.
* Grants interested persons the.right to participate in public
hearings conducted by the State Mining and Geology Board for
the purposes.of'determining lead agency compliance with
SMARA, or PRC Section 2207 (see SMARA Section 2774..4 (d). -(f)) ;
* Allows the State Mining and Geology Board to adopt
regulations specifying reclamation bond pool programs as an
acceptable financial assurance mechanism for reclamation
(see SMARA Section 2773.1 (e)).;
* Transfers specified duties; powers,'purposes,
responsibilities, and jurisdiction of the State Geologist to.-
theDirector of the Department of Conservation; -
Those financial assurances approved prior to January 1, 1993
-and made payable to.the State Geologist are considered
payable to.the Department of Conservation (see SMARA Section
2773.1 (a) (4))
We hope you find this information and the attached updates of DMG
eNote 26 and PRC Section 2207 useful. If you have any questions
regarding the new requirements, please contact the•State Mining
and Geology'Board at 801 K Street,` MS 09-05, Sacramento,
California, 95814-3500, telephone.(916).322-1082, or the.Office
of Mine Reporting and Reclamation Compliance at 801 K Street,
MS 09-06, Sacramento, California, 95814-3529,, telephone
(916) 323-9198.
Sincerely,
Dennis O' Bryant Denise M. Jones
Chief-, Office of Mine Reporting Executive Officer
and Reclamation Compliance Mining and Geology Board
Enclosures . -.
Counties with Mines
0ualifying to Sell
to Caltrans Under AB 3098
(as of 12/92)
.OR -
..
one
Alameda
Alpine
y Amador
Butte-
Calaveras`
Del Norte
- Fresno
E1 Dorado
Kern
..
Imperial
Merced",
_
Inyo
Monterey
Madera- '
-
- Napa.
Marin
4
Orange ^.
Mariposa
San Bernardino`.
Mono
,San Joaquin
':
P.lumas
Santa'Cruz..
,.
San.Benito.
Tulare
r ,
San Mateo
Ventura
Sierra
Sutter
Trinity .
Few.
-
Tuolumne .
Colusa.
Contra costa -
Glenn
Humboldt
.
•
Lake
' Lassen
j
t
Los Angeles
Mendocino
Modoc
Nevada
Placer
c
'
Sacramento
' 'San Diego
San Luis Obispo"...
'Santa. Clara
Shasta,
Sonoma
Stanislaus
Tehama
'+
Yolo
• Yuba
199.1' MINING
,OPERATION ANNUAL. REPORTS •RECEIVED AS. OF" 02/19/93. '
LVAF
Butte- countir
#'91-04-0001**-�
-- . Pentz.'Pit- (Baldwin Contracting Co.)
X91-04-0002.
-- Parker• Quarry -- Site B (Earl. Parker, Jr.)
91-04-0003
-- Arlington & U: S'. I Placer- Mining, Claim 11. (John A.
Peron) .
r 91-04-0004
-- Robinson- Pit/ Oroville� Wildlife: Area (Robinson
Construction Co.., 'Inc.)
v 91-04-0005
-- Robinson Pit (Robinson. Construction Co., Inc.)
91-04-0006
-- Parker. Rock. Quarry.(Nordic-Industries)
91-04-0007
-- " Mathews "Readymlx -Vance 'Ave. `Plant
191-44-0008
-- Mathews.Readymix - State'Land Pit
-91-04-0009
-- Hornet. Mine:- (Leo J. &.. Roland. E. Stromberg)
✓91-04-0010
-- Ohio-Dix.(Para - Butte.Mining, Inc.)
✓91-04-0011..
_
-- Green Rock Quarries..(Roger. Green)
✓91-04-0012:
-- Franklin.Construction Co.
DFPT OPPU rr-
LIC W
Oph�
APR 1.21993
**
Eligible; for_- the. AB 3098 SMARA Compliance List•
r
REC.
FINANCIAL
PLAN'
ASSURANCES INSP.
MINE NAME
COUNTY NO,
STATE ID NO,
APPROVED
APPROVED DATE
NOTES
Pentz Pit -
79-99
91-04-0001
Yee
Yes 3-10-93
Baldwin
81-38
82-23
a Bangor Park Quarries -
88-35
91-04-0002,0006
Yee
No* 2=16-93
Pit"B"
Parker
Never
activated
Robinson Pit &
89-58
91-04-0004,0005
Yee
Yes 3-3,-93
Oroville.Wiidlife Area Pit
91-04
;/ Vance Avenue Pit -
77-96
91-04-0007
Yee
Yee 2-16-93
Mathews Readymix .
State Lands Pit -
86-38
91-04-0008
Yee
Yes 3-4-93
Idle mine
Mathews Readymix
Franklin Construction
91-04-0012
No
No
Application
incomplete
Green Rock Quarries
83-40
91-04-0011.
Yes
Yee** 3=16-99
.:
86=66
Ohio -Dix Mine -
83-33
91-04-0010
Yee
Yes
Never
,r
James Wilder'
activated
permit
Arlington-U.S.
91-04-0003
CDI,?Lt r.vr" BUTTE
'
Placer Mining Claim 01
DEPT. OF�WJ3kJCWORK3
•
✓ Hornet Mine
91-04-0009
APR 1
2 '1119
.
* Financial assurance
** Financial assurance
needed.
needs to be amended to name State
Department of
'
Conservation.
*** on federal land, no
annual report
filed or county mine
permit or reclamation plan.
STATE OF CALIFORNIA - THE RESOURCES CY
DEPARTMENT OF CONSERVATION
DIVISION OF ADMINISTRATION
DIVISION OF MINES AND GEOLOGY
DIVISION OF OIL AND GAS
DIVISION OF RECYCLING
TO: SMARA Lead Agencies:
PETE WILSON,'Gov mor
801. K ,Sireet
SACRAMENTO, CA -95814-3514
` Phone�(9?16) 3.22-1080
c`
FAX(9) 6),445-0732
As you may know, the Office of Mine Reporting and
Reclamation Compliance "sent a letter dated November 1, 1993,
which has caused some confusion among the regulated community in
the mining industry. The letter stated that "salvage value of
buildings and equipment is not an allowable financial assurance
mechanism." -Notwithstanding, salvage value has frequently been
used by all parties as an offset against the cost of equipment
removal for calculation,of the amount of financial assurances
required for reclamation. That practice is supported bylaw and
we will continue to honor all financial assurances that include
this as part of their calculation until January 1, 1995.
In the interim, -I am directing staff of the Department of,
Conservation to work with representatives of the State Mining and
Geology Board, industry, and local lead agencies to develop a
regulatory package that will allow objective support for the cost
of removal of plant structures and equipment net of the salvage
value as an offset for -financial assurance calculations.
It is clear that regulations should be adopted to assist
lead agencies and operators who would benefit from the use of.
salvage value offsets.; The State Mining and Geology Board has
indicated .their full cooperation with this effort. I trust_.you
will assist with your best efforts as well. As with the actions
taken to clarify the use of prevailing wage rates in financial
assurance calculations,, my goal is to continue to provide relief
to industry while maintaining fidelity to environmental
protection.
.01
Edward G. Heidig
Director
-40
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File Nn. d
BUTTE COUNTY (For Action 1,2,3)
Public Works De artment ,.(For information ✓)
Director
Deputy Director
Secretary
Rd. & Br. Mtce.
Shop & Yard
Bldg. Insp. Admin.
Design Engineer
Road Design
Bridge Engineer
Const. Engineer `
Surveys
Mapping
Solid Waste
Transportation
Permits
Addressing
• .
State of California. .. Business, Transportation and Housing Agency
= Memorandum ,
To SPECIAL DISTRIBUTION Date : December 10, 1993
File " LPP 93-04
From DEPARTMENT 'OF TRANSPORTATION
Division of State and Local Project. Development -�
Subject LPP 93-04 =. Surface -Mining and Reclamation Act (SMARA)
41
-From discussions I have had with -,.'many of you, the issue of how
recent amendments to' SMARA affectlocal agency projects, on and off the
State highway, has been raised. The -attached LPP is intended to clarify
-this issue.
If y,�ou have any -questions about.this.manual update, please contact
Rick Gifford at (916) 653=3990 or 8453-3990.
'EVE ,Chief
Office of Local Pro ams'
} gr.
f. Attachment
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� O C
O O
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Local Programs Procedures
LPP 93 - 04
Surface Mining and Reclamation Act (SMARA)
Reference: Local Programs Manual, Volume II,
Special Funded Programs Procedure Manual
Effective Date: Approved
Chief, Offi
This UP clarifies procedures for dealing with SMARA on Local Programs projects.
BACKGROUND
SMARA was enacted in 1975 to ensure reclamation of mined land and to ensure
availability of an adequate supply of mineral aggregates for future mining. SMARA
prohibits mining operations unless a site has a permit, approved reclamation plan,
approved financial assurance, or an appeal on file (for an unapproved financial
assurance). The Act has been amended many times including recent legislation
that affects local programs. Beginning July 1, 1993, AB 3098 prohibits State Agencies
from purchasing or using mined materials unless the source is exempt from-
SMARA, or the material is from a surface mine on a list published by the
Department of Conservation (DOC).
NEW PROCEDURES
Based on a recent informal legal interpretation, the provisions bf SMARA apply
only to "State-sponsored" projects. As a general rule tprojects�that'+are funded
primarily (over 50%)' with State funds and/'or the State's apportionment of federal
funds would be considered "State-sponsored".
rte:
"Locally -sponsored" projects are not subject to the provisions of SMARA, since the
State is not the agency purchasing or using the material. As a general rule, projects
that are funded primarily (over 50%) with local funds or the local agency's
apportionment of.federal funds would be considered "locally -sponsored".
The above interpretation applies to projects either on or off the state highway
system and regardless of who is administering the project.
Caltrans _ Office of Local Programs
December 6, 1993
•
C,
417
STATE OF CALIFORNIA -.THE RESOURCES AL Y
PETE WILSON Governor
4 DEPARTMENT OF CONSERVATION
t+�p DIVISION OF ADMINISTRATION j
r DIVISION OF MINES AND GEOLOGY
DIVISION OF OIL AND GAS Q
DIVISION OF RECYCLING Dovelopmelt Services. 801 K Street
SACRAMENTO, CA 95814-3514
Phone (916) 322-1080
N 0 " Q ��"Q � " FAX"(916) 445-0732
' Onviiie, Caiifomia
f
November 24, 1993 f
TO:. LOCAL LEAD AGENCIES. 1 ri •` 3 >
MINE OPERATORS
'In.keeping with the Wilson Admin_strati.on's directive to -
provide regulatory relief to business while ensuring fidelity to
environmental protection,iI have asked staff to acquire .a legal
determination on the public works coverage status of surface
reclamation-work."for private mines pe_formed by th'e,California
Department of Conservation under the California Public Resources
Code. t
The Department'of Industrial Relations"has"-informed us'that
reclamation work paid`for with•forfei"ed financial assurances is
not a public works within the scope of Labor Code'section
1720(a),.and is not -subject to prevailing wage requirements-.
Therefore, the.prevailing wage estimate will no longer be
required in the -financial assurance calculations'.
I have°asked the State Mining and Geology Board to amend the
financial assurance guidelines to include this information.''It.
is my -understanding that they will take this action at their
December meeting. .I am certain that this will provide
significant relief to;operators in their continuing efforts to
comply•with the .Surface 4M-ining .and Reclamation Act.'
-a,:..Edward G. -Heidig
' Director
•. t *,�,•F .'; r <. "; ... - `PC a>;~ ���'' .tie,
_
. }
71
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gn
tf
i
'
File No. (For Action 1,2,3).
COUNT Yartme t (For infonnation✓)
}
fs
gUTTE
public Works DQ
i
•
Director
,k
Deputy Director
Secretary
'
Shop & Yard
S
Bldg. Insp• Admin.}
!r
Design Engineer
Cl
Road Design
-
Bridge Engineer
r
_
Const. Engineer
Surveys
Mapping
,!
Solid Waste
Transportation
Permits
Addressing
["
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o
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STATE OF CALIFORNIA - THE RESOURCES -VCY ' _ - l..' PETE WILSON, Governor
DEPARTMENT OF CONSERVATION y
OFFICE OF MINE REPORTING & RECLAMATION COMPLIANCE
801 K Street, MS 09-06
SACRAMENTO, CA 95814-3529
(916) 323-9198 r ,
Telecommunications
a . Device for the Deaf
(916) 324-2555
• •June'10, 1993 ;
NOTICE TO: ALL.SURFACE!MINING AND RECLAMATION ACT LEAD AGENCIES
As you may be aware, the California Code, -.of Regulations (CCR)
Section 3697 requires the owner or operator ofa newly -permitted
operation to submit an initial report' and reporting fee to the
Department of Conservation' no later than thirty (30)•days after
permit approval..
The Department of Conservation, Office of Mine Reporting and
Reclamation Compliance (OMRRC), has developed the enclosed New
Mining Operation Report'form`(MRRC-3) for operator'submittal
within 30 days of permit. approval. As indicated on the form and
the accompanying instrudtions, the reporting fee may vary.
Newly -permitted operators `should contact OMRRC at (916) 32.3-9198
regarding the current appropriate reporting fee.
Please make the'enclosed`form and instructions available to
operators as they are permitted. s
If you have uestions'or re uire additional forms
Y Q Q , ' .please •contact
OMRRC at (916) 323-9198.' ;
Sincerely,
s Tim Kustic.
' Principa]:Compliance Engineer
Office of Mine 'Reporting and
Reclamation Compliance
..,..-Enclosures
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STATE OF.CALIFORNIA - THE RESOURCES IY
DEPARTMENT OF CONSERVATIOW,>
OFFICE OF MINE REPORTING & RECLAMATION COMPLIANCE. '
.801 K. St., MS 09-08
SACRAMENTO, CA 95814-3529
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(916) 323-9198 )t
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June 11, .1993='
NOTI'CE TO:
PETE WILSON, Governor
Telecommunications'
Device for the Deaf -
(916) 324-2555
ALL SURFACE MINING AND RECLAMATION•'ACT,LEAD AGENCIES
As you -are -no doubt aware, the Surface Mining and -Reclamation Act
., (SMARA),obligates. Lead Agencies to require financial assurances
for..all mining operations and to determine thatthe financial
assura-nces'•are-adequate to perform reclamation -in -`accordance with
the approved Reclamation Plan. The Lead Agencies must then
submit -financial assurances to the Department_ of*Conservation
(DOC) for -a 45 -day review before Lead Agencyapproval of the ,
assurance. -Also' SMARA requires annual review or_adjustments to
the-financialas-urances which must be submitted to the -DOC for a
45 -day review prior to approval. In order for the Office of Mine
Reporting and Reclamation Compliance (OMRRC) to determine the
adequacy, of the financial assurance amount'Pcost estimates used-
by the Lead Agency in determining the"financial•assurance amount
must be submitter to OMRRC for the 45 -day review.
t
. To expedite•thei4.5-day DOC review, OMRRC hays'developed the
enclosed route sheet. The route sheet is designed -to serve as a
Lead Agency cover letter and a check sheet'for our review.
r
,Please feel free to make copies of the enclosed sheet for your
use. While -this form is not required to be used by your°Agency,
its use will facilitate'our review process, alleviate,potential
confusion, and•reduce the need for follow-up letters..
If you have `any questions, or need an additional copy, please
contact our office at (916) 323-9198.
. ,------• _._ ,-4.._ Sincerely,.
r" Tim Kustic
st
Principal Compliance Engineer
A:; 'Office of Mine'Reporting and
.Reclamation.Complance
Enclosure -r�,
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BUTTE COUNTY
(For Action 1,2,3)
Public Works De artrnent (For information V')
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Deputy Director r L�
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California Mine ID#
Lead Agency CUP# or RP# "
Route Sheet for Department of Conservation
Review of Financial Assurances
(For SMARA Lead Agency use only)
To expedite the 45 -day Financial. Assurance review by the State, this sheet should be used for Lead Agency
submittal of Financial. Assurance Cost Estimates to the Department .of Conservation. This checksheet should
be completed and submitted with Financial Assurance information to:
Department of Conservation (916) 323-9198
Office of Mine Reporting and Reclamation Cenmpliance
801 K Street, MS 09-06
Sacramento, CA 95814-3529 .
Submitted by: Date:
Lead Agency: v Phone:
Operator; _
is
Operator Contact: i •� Phone'.
1) Submitted for: initial review • ` # annual review
2) Mechanism(s) (or proposed mechanism) of Financial -Assurance:
(Note: Statute allows only the following,'types`of assurances:)
surety bond(s)*
trust fund(s)..
irrevocable letter(s) of credit
Total dollar amount of :Financial Assurance $ ,z -
3) Is financial assurance payable only to the Lead Agency and the Department of Conservation, worded
as "[lead agency] or The Department of Conservation"?'* yes. If not, please explain:
4) Are cost estimates attached? yes. if Rot, please explain:*"*
5)'. ., Comments:..
• Bonds must be written by a California admitted surety. company.
• • Financial Assurances written prior to 1 /1 W may be made out to "State. Geologist" indieu of "Department of Conservation."
••• Department of Conservation must be sent either current cost estimates or a statement that no substantial changes have.
occurred from previously submitted cost estimates.
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STATE OF CALIFORNIA—THE RESOURCES A „Y PETE WILSON, Governor
DEPARTMENT OF ,CONSERVATION
DIVISION OF ADMINISTRATION
DIVISION OF MINES AND GEOLOGY
DIVISION OF OIL AND GAS F
DIVISION OF RECYCLING
801 K Street, MS 24-01
Sacramento, CA 95814-3528
Phone (916) 322-1080
FAX (916) 445-0732
April 28, 1993
TO: ALL MINE OPERATORS:
Because of, the newness of the changes.made by AB 3551 to the
Surface Mining and Reclamation Act (SMARA), the Department of
Conservation (Department) has refrained from issuing
administrative penalties except for cases of severe noncompliance
with Public Resources Code. (:PRC). 2207, the annual reporting
requirement. As of January 1, 1993, the requirements of PRC
Section 2207 were two years old. Starting on June 1, 1993, t)1e,
Department will increase enforcement and begin to aggressivel'ya
issue administrative penalties for operations which are not'in
compliance with PRC Section 2207 and SMARA.
As required by statute, lead agencies will continue to have
the initial enforcement responsibilities. If these
responsibilities are not carried out,- however, the Department
will assume its -statutory role as enforcement backup.
To allow fairness, the.Department will hold off the issuance
of all administrative penalties until June 1, 1993.
.Additionally, those operations that have been issued administra-
tive penalties will have the penalties waived if all of the
conditions of the Order and.Notice Imposing Administrative
Penalties have been met by that date..
The Department and SMGB have expended considerable resources
towards the implementation and enforcement of SMARA and PRC
Section 2207. Continued noncompliance often results in lower
operating.costs for violators and higher annual fees for
compliers. This unfair market advantage cannot be.continued.
The Department is committed to the implementation and, if
necessary, the enforcement of SMARA.
The Department is:avail.able to assist operators in their
efforts to achieve compliance,. and we will -offer lead agencies
information and assistance. We strongly urge all operators to
address any outstanding SMARA deficiencies prior to June 1, and
for lead agencies to contact any nonreporting mines of which they
are aware.
To All Mine Operators
April 28, 1993
Page Two
If you have any questions on this letter, or on SMARA,
please contact the Office of Mine Reporting and Reclamation
Compliance at (916) 323-9198.
AF.Mich
Deputy Director
cc: SMARA Lead Agencies
State Mining and Geology Board
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Deputy Director )
Secretary
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Design Engineer
Road Design
Bridge Engineer
Const. Engineer
Surveys
Mapping
Solid Waste
Transportation
Permits
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STATE OF CALIFORNIA
DEPARTMENT OF CONSERVATION
OFFICE OF MINE REPORTING AND RECLAMATION COMPLIANCE
NEW MINING OPERATION REPORT
FORM MRRC-3 (New 4/93)
GENERAL INFORMATION
WHO MUST FILE? The owner, lessor, lessee, agent, manager, or other person in charge of any mining operation of whatever
kind or character within the State (including mines being operated on federal lands) must file a new mining operation report along
with an annual report to the State and their Surface Mining and Reclamation Act (SMARA) Lead Agency (Public Resources Code
[PRC] Section 2207), unless the operation qualifies as exempt under one of the following provisions (PRC Section 2714):
(a) Excavations or grading conducted for farming or onsite construction or for the purpose of restoring land following a
flood or natural disaster.
(b) Surface mining operations that do not involve either the removal of a total of more than 1,000 cubic yards of minerals,
ores, and overburden, or involve more than one acre in any one location.
(c) Surface mining operations that are required by federal law in order to protect a mining claim, if those operations are
conducted solely for that purpose.
(d) Such other surface mining operations. that the State Mining and Geology Board determines to be of an infrequent nature
and which in only minor surface disturbances.
(e) The solar evaporation of sea water or bay water for the production of salt and related minerals.
(f) Emergency excavations or grading conducted by the Department of Water Resources or the Reclamation Board for the
purpose of averting, alleviating, repairing, or restoring damage to property due to imminent or recent floods, disaster, or
other emergencies.
(g) Surface mining operations conducted on lands owned or leased, or upon which easements or rights-of-way have been
obtained, by (1) the Department of Water Resources for the purpose of the State Water Resources Development System,
or (2) the Department of Water Resources or the Reclamation Board for the purpose of flood control, if the Department
of Water Resources has met provisions specified in PRC Section 2714(g). .
WHEN MUST THE REPORT BE FILED? As required by California Code of Regulations (CCR) Section 3697, the reporting
fee for new mining operations, together with the initial report, is due and payable within 30 days of permit approval. The State
Mining and Geology Board, as required by PRC Section 2207, establishes a schedule of fees to be paid by mining operations; the
schedule of fees may vary annually.
WHO MUST PAY THE REPORTING FEE? All operators required to file a new mining operation report must also pay the
reporting fee (PRC Section 2207). NOTE: SB 1569 (Chapter 1066, Statutes of 1992) provides that neither the state nor any
county, city, district, or other political subdivision shall be exempt from any fee imposed upon a mining operation pursuant to
PRC Section 2207(d).
WHERE SHOULD I SEND THE REPORT AND FEE? Mail Form MRRC-3 and your reporting fee (check or money order
payable to Department of Conservation/OMRRO.�please write your ttune name on_�onr c)iec�ounoney�i�eZ�fo - _
Department of Conservation
Office of Mine Reporting and Reclamation Compliance
801 K Street, MS 09-06
Sacramento, CA 95814-3529
WHERE CAN I GET ADDITIONAL FORMS AND INFORMATION? If you have any questions, need further information,
or need additional forms, you may write to the above address or call the Office of Mine Reporting and Reclamation Compliance
(OMRRC) at (916) 323-9198.
HOW DO I COMPLETE THE NEW OPERATION REPORT FORM? Continue through the following pages for help in
completing your New Mining Operation Report form.
r- - 1
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INSTRUCTIONS FOR COMPLETING FORM MRRC-3
PLEASE TYPE OR PRINT ALL INFORMATION REQUESTED
► Submit one MRRC-3 form per reclamation plan; also, remit one reporting fee per reclamation plan.
► The item numbers in these instructions coincide with the item numbers on Form MRRC-3.
► If the mining operation involves separate plots of land which are subject to a single reclamation plan, information in
items 6-9 must be completed for each separate plot.
► Additional space is provided on Page 3 of the form, if needed to complete any item (please reference the item number
and use the same format of that item number).
1. MINING OPERATION: Indicate the name of the mine, the name of the operator, the name of the current site contact
person, and the street address, mailing address, and telephone number of the mining operation. The Site Contact Person
is (1) the person in authority at the site of the operation, and (2) normally the person with whom contact would be made
should the lead agency require immediate action to be taken.
2. LEGAL OWNER OF OPERATION: Indicate the name, mailing address, country (if other than U.S.A.), and
telephone number of the legal owner of the mining operation. The legal owner may be a person, corporation,
government agency, or other entity. If the operation is owned in partnership, supply this information for each partner.
Additional space is provided on Page 3 of the form, if needed (please use the same format). If the owner is the same as
the site contact person or operator, you may enter "same as site contact person" or "same as operator" and leave the rest
of this section blank. If the mining operation was purchased during the reporting year, indicate the date that the transfer
of ownership became final. If the mining operation was sold by you during the reporting year, indicate the date of sale.
3. DESIGNATED AGENT: Each operation must designate a person who resides in California as its legal agent (PRC
Section 2207). The designated agent is the person who will receive and accept legal documents for the mining operation
on behalf of the legal owner. Indicate the name, mailing address, and telephone number of the designated agent. .If the
designated agent is the same person as the owner or site contact person you may indicate "same as owner" or "same as
site contact person" and leave the rest of this section blank.
4. LANDOWNER/ASSESSOR'S PARCEL NUMBER INFORMATION: Indicate the name, mailing address, country
(if other than U.S.A.), and telephone number of the landowner(s), and the assessor's parcel number(s). The landowner
may be a governmental entity, such as the U.S. Forest Service, Bureau of Land Management, or State Lands
Commission. Additional space is provided on Page 3 of the form, if needed (please use the same format).
TION. PLAN STATUS:._ Indicate_ the SMARA Lead.Agencv which_hac..iurisdictinn_nver_vnur_.mini
NOTE: FEDERAL AGENCIES ARE NOT SMARA LEAD AGENCIES. Indicate the number of acres subject to your
reclamation plan. Indicate the date of approval of the reclamation plan by your lead agency, and attach a copy of your
reclamation plan with proof of approval. Current law requires that a copy of your approved reclamation plan and
any amendments or conditions of approval to any existing reclamation plan approved by the lead agency, be
included with Your initial report, and that subsequent annual reports include any revisions or changes to the
reclamation plan approved during the reporting year. Examples of "proof of approval" are: ,a copy of the lead
agency's minutes indicating that approval was granted, or an official city/county approved stamp on your document
indicating that approval was granted and the date of approval.
FA
6. LOCATION OF MINING OPERATION: Determine the point.as near the center as possible of the plot of land and
provide the following information:
• Latitude of the approximate central point, to the nearest second. For example: 33° 46' 42"
• Longitude of the approximate central point to the nearest second. For example: 116° 07' 12"
• Section, Township, Range, and Base Meridian. For example:
(1) S2, T3N, R5E, MD
(2) S29, T8S, R2W, H
(3) S3 & 9 in T6N, R3E, SB
• U.S. Geological Survey quadrangle' name.
• County.
PLEASE NOTE: Sections, townships, and ranges have not been surveyed in parts of California, particularly
within Spanish Land Grants. If your operation is within one of these areas, please help us by indicating the
name of the land grant (e.g., Rancho del Arroyo Chico) in place of section, township, and range.
Additional space is provided on Page 3 of the form, if needed (please use the same format). Also attach a copy of a
U.S. Geological Survey 7.5 -minute quadrangle map (use a 15 -minute quadrangle map for areas where a 7.5 -minute map
has not yet been published) and delineate the boundaries of your operation. NOTE. Many map dealers and survey
supply stores listed in your telephone directory "yellow pages" also stock local U.S. Geological Survey quadrangle maps.
7.. TYPE OF OPERATION: Type codes for operations are listed in EXHIBIT A of these instructions. Indicate, by
numeric code(s), the type(s) of your operation at this site.
8. SIZE OF OPERATION: Indicate the total acres approved and the permit number. Also, if applicable, indicate acreage
in operation on federal lands and the Federal Agency Permit or BLM ID Number.
9. ASSESSED VALUE OF OPERATION: Indicate the current total assessed value of the mining operation, as
established by the county in which your operation is located. (This may include any and all assessments, such as real
property, personal property, mineral value, reserves, etc.) This information is given on your county tax bill, or you
may call your county assessor's office.
10. FINANCIAL ASSURANCES: FINANCIAL ASSURANCES ARE NOW REQUIRED BY LAW, and may be in the form of
(1) surety bonds, (2) irrevocable letters of credit, or (3) trust funds. Tice financial assurances must be adequate to cover
the cost of reclaiming the total disturbed acreage at each mining location. Attach a copy of the financial assurances
approved by your lead agency, and proof of approval. If you have submitted your operation's financial assurances to
your lead agency but approval has not been obtained, so indicate with date and proof of submittal. If your financial
assurances are on appeal with the SMGB, pursuant to SMARA (PRC Section 2770[e]), so indicate with data and proof
of submittal
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11. COMMODITIES: State law requires that the list of commodities to -be produced be provided to lead agencies, as well
as to the State.
A. Indicate your primary commodity from EXHIBIT B. Your "primary" commodity is that which provides the
highest dollar value sales for your operation (California Code of Regulations, Title 14, Chapter 8, Section 3695
et seq.).
B. Indicate all other commodities from EXHIBIT B.
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12. REPORTING FEE: As required by Califomia Code of Regulations (CCR). erection 3697, the reporting fee for new
mining operations, together with the initial report, is due and payable within 30 days of permit approval. The State
Mining and Geology Board, as required by PRC Section 2207, establishes a schedule of fees to be paid by mining
operations; the schedule of fees may vary annually. To determine the current appropriate fee for your newly -permitted
mining operation, please contact the Office of Mine Reporting and Reclamation Compliance at (916) 323-9198.
NOTE: One reporting fee (and report) is due for each reclamation plan. In case of late
payment of the reporting fee, a penalty of not less than one hundred dollars ($100) or 10
percent of the amount due, whichever is greater, plus interest at -the rate of 1.5 percent per
month, computed from the delinquent date of the assessment until and including the date of
payment, shall be assessed (PRC Section 2207[d][51).
SUBMITTAL INFORMATION
The owner, lessor, lessee, agent, manager, or other person in charge of your mining operation shall submit this New Mining
Operation Report to the Department of Conservation's Office of Mine Reporting and Reclamation Compliance, and your SMARA
Lead, Agency. - The person submitting this information must provide his or her name, mailing address, and telephone number in
the space provided. Your relationship to the mining operation must be indicated: If "other person" is checked, you must specify
your relationship to the mining operation in the space provided.
► Sign and date your report.
► Review your initial report for completeness and accuracy. Failure to submit complete and accurate requisite
information may result in an administrative penalty as provided for in' SMARA (PRC Section 2774.1).
► Be certain that all required attachments are included with your report.
► Mail white copy (each page) of your report, the appropriate reporting fee, and all required atta11 chments to:
Department of Conservation
Office of Mine Reporting and Reclamation Compliance
801 K Street, MS 09-06
Sacramento, CA 95814-3529
► Mailey llow copy (each page) of your report to: your SMARA Lead Agency.
► Retain pink copy for your records.
4
EXHIBIT A
TYPES OF OPERATIONS
TYPE CODE DESCRIPTION
Brine Well:, A cased drill hole penetrating a salt formation through which water is
introduced and brine is pumped to the surface.
2
Dredge: Large floating contrivance utilized in underwater excavation for the purpose
of removing overburden from submerged ore bodies prior to open pit mining, -or to
recover subaqueous deposits having commercial value.
3
Evaporation System: Solar evaporation usually used for salt and brine operations.
4
Strearnbed or Gravel Bar Skimming and Pitting: Removal of alluvial (genellallY
sand and gravel) stream deposits during periods of low water flow.
5
Hydraulic: The extraction of desired earth material by means of strong jets of water.
6
Open Pit: Surficial mining, in which the valuable rock is exposed by removal of
overburden.
7
Plant or Mill: Mineral processing plant, or mill.
8
Prospect: An area that is a potential site of mineral deposits, based on preliminary
assessments.. A prospect is distinct from,a mine in that it is non -producing.
9
Quarry: Open workings, usually for the extraction of stone.
10
-Tailings Processing: Reprocessing of refuse material resulting from processing of
ore.
Underground: Situated, done, or operating beneath the surface of the ground;
therefore, adits, shafts, and tunnels.
12
Undetermined: Type cannot be determined from information.
5
CATEGORIES
EXHIBIT B
MINERAL PRODUCTS BY CATEGORIES
UNITS OF MEASURE
CATEGORY NO. 1 (AGGREGATE PRODUCTS AND INDUSTRIAL MINERALS):
Abrasives (type) ........................................... Short tons
Asbestos ................................................ Short tons
Barite ............................................... Short tons
Bituminous rock .................................... ..... Short tons
Borates ................................................ Short tons
Cinders (type) .......................................... Short tons
Clay (type) .................... Short tons
Decomposed granite (use) .... ............ ................ Short tons
Decorative rock (type) ...................................... Short tons
Diatomite ..:........................................... Short tons
Dimension stone (type) .................................... Short tons
Dolomite ............................. Short tons
Feldspar .. ..................................... .. Short tons
Fluorite ................................................ Short tons
Gemstones (type) ......................................... Short tons
Graphite ........................................... ... Short tons
Gypsum .. Short tons
Iron ore ............................................... Short tons
Kyanite . ........................... 6 ...... ....... Short tons
Lignite ... _ ............ .. Short tons
Lime .................................... Short tons
Limestone (use) ................................... ..... Short tons
Lithium . .... ............................................ Short tons
Magnesite ........................................... Short tons
Mica...........................................:.....Short tons
Olivine .......................................... Short tons
Peat Short tons
Perlite ............... ..................... ..... Short tons
Phosphate .............................................. Short tons
Potash ........................ ....................... Short tons
Pumice ... .............. ..................... ... Short tons
Pyrophyllite :................. ......................... Short tons
Quartz crystal ............................................ Short tons
Rare earth elements .......... ........... Short tons
Saline compounds (type) ..................................... Short tons
Salt ........... Short tons -
Sand and Gravel use :.... .
(use) : Sfiort tons..
Sea shells ............................................... Short tons,
Sericite ............................... .............. Short tons
Shale (use) ..... ........................................ Short tons
Silica (type) .............................................. Short tons
Slag ...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Short tons
Specialty sand (use) ........................................ Short tons
Stone (use) ............................................. Short tons
Sulfur ................................................ Short tons
Talc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Short tons,
Vermiculite ............................................. Short tons
Wollastonite Short tons
Zeolites ............................................... Short tons.
Zircon ............................................ Short tons
6
CATEGORY NO. 2 (GOLD.. SWR, AND: PRECIOUS METALS):
Gold (Lode) :..:. Troy ounces
Gold (Placer) .... Troy ounces
Platinum group metals' ...................... ... . ......: Troy. ounces
Silver :........... ..... .: ......... :..Troy ounces
CATEGORY NO. 3 (BASE METALS 'AND OTHER METALS):
Antimony ........ ..... ..... :. -
Pounds
Arsenic .......... ......Pounds
Chromite ....... . . ...... ... .... .......Pounds
Copper ........: ... ............. II. ... ....
Pounds
Lead ....... ... .... ' . ... .. . ..........
Pounds
Manganese ............... ...... . .. ... ...... ......
Pounds
Mercury.:........ ............................ .. .... .. ..
Pounds
Molybdenum ...............
Pounds
Nickel ............. ... _ .......
Pounds >
Pyrite . .... .... .... .... . ...
Pounds
Tin ... ................ ......... ... ....
Pounds
Titanium ...............
Pounds
Tungsten contained ..
Pounds
Uranium . .. .. ......
Pounds
Vanadium ........
Pounds
Zinc ..........: . ... . ..... ....
Pounds
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