General Provisions
Cal. PRC § 2715.5
California Statutes
(
a) The Cache Creek Resource Management Plan, in conjunction with a site specific plan deemed consistent by the lead agency with the Cache Creek Resource Management Plan, shall be considered to be a functional equivalent of a reclamation plan for the purposes of this chapter.
No other reclamation plan shall be required to be reviewed and approved for any excavation project subject to the Cache Creek Resource Management Plan that is conducted in conformance with an approved site specific plan that is consistent with the Cache Creek Resource Management Plan and the standards specified in that plan governing erosion control, channel stabilization, habitat restoration, flood control, or infrastructure maintenance, if that plan is reviewed and approved by a lead agency pursuant to this chapter. (
b) For the purposes of this section, the board of supervisors of the county in which the Cache Creek Resource Management Plan is to be implemented shall prepare and file an annual report required to be prepared pursuant to
Section 2207, indicating the quantity of minerals produced. The board of supervisors of the county in which the Cache Creek Resource Management Plan is to be implemented shall be exempt from the payment of annual reporting fees imposed pursuant to paragraph (1) of subdivision (
d) of
Section 2207. An operator, acting under the authority of the Cache Creek Resource Management Plan, shall include in the operator’s annual report required pursuant to
Section the quantity of materials produced and shall be responsible for payment of annual fees associated with the quantity of minerals produced. (
c) Nothing in this
section precludes an enforcement action by the board or the Division of Mine Reclamation brought pursuant to this
chapter or
Section if the lead agency or the supervisor determines that an operator, acting under the authority of the Cache Creek Resource Management Plan, is not in compliance with the requirements of this
chapter or
Section 2207. (
d) For purposes of this section, “site specific plan” means an individual project plan approved by the lead agency that is consistent with the Cache Creek Resource Management Plan. Site specific plans prepared in conformance with the Cache Creek Resource Management Plan shall include, at a minimum, the information required pursuant to subdivision (
c) of
Section 2772, shall comply with the requirements of
Article 9 (commencing with
Section 3700) of Subchapter of
Chapter of Division of Title of the California Code of Regulations, and shall be provided along with a financial assurance cost estimate to the Division of Mine Reclamation for review and comment pursuant to
Section 2772.1 or 2773.4, as applicable. Notwithstanding the number of days authorized by subdivision (
b) of
Section 2772.1 or subdivision (
c) of
Section 2773.4, the Division of Mine Reclamation shall review the site specific plan and the financial assurance cost estimate and prepare any written comments within days from the date of receipt of the plan and the estimate. (
e) Prior to engaging in an excavation activity in conformance with the Cache Creek Resource Management Plan, a surface mining operation shall be required to obtain financial assurances that meet the requirements of