State Policy for the Reclamation of Mined Lands
Cal. PRC § 2764
California Statutes
(
a) Upon the request of an operator or other interested person and payment by the requesting person of the estimated cost of processing the request, the lead agency having jurisdiction shall amend its general plan, or prepare a new specific plan or amend any applicable specific plan, that shall, with respect to the continuation of the existing surface mining operation for which the request is made, plan for future land uses in the vicinity of, and access routes serving, the surface mining operation in light of the importance of the minerals to their market region as a whole, and not just their importance to the lead agency’s area of jurisdiction. (
b) In adopting amendments to the general plan, or adopting or amending a specific plan, the lead agency shall make written legislative findings as to whether the future land uses and particular access routes will be compatible or incompatible with the continuation of the surface mining operation, and if they are found to be incompatible, the findings shall include a statement of the reasons why they are to be provided for, notwithstanding the importance of the minerals to their market region as a whole or their previous designation by the board, as the case may be. (
c) Any evaluation of a mineral deposit prepared by a lead agency for the purpose of carrying out this
section shall be transmitted to the State Geologist and the board. (
d) The procedure provided for in this
section shall not be undertaken in any area that has been designated pursuant to
Article 6 (commencing with
Section 2790) if mineral resource management policies have been established and incorporated in the lead agency’s general plan in conformance with