Reclamation Plan appeals are provided pursuant to Public Resources Code, Article 5, Sections 2770(e), 2770(f) and 2770 (g). Reclamation Plan appeals are considered when any person who, based on the evidence of the record, can substantiate that a lead agency has either:
1. Failed to act according to due process or has relied on considerations not related to the specific applicable requirements of Sections 2772, 2773, and 2773.1, and the lead agency surface mining ordinance adopted pursuant to subdivision (a) of Section 2774, in reaching a decision to deny approval of a reclamation plan or financial assurances for reclamation; or
2. Failed to act within a reasonable time of receipt of a completed application; or
3. Failed to review and approve reclamation plans or financial assurances as required by subdivisions 2770(c) and 2770(d), may appeal that action or inaction to the board.
Administrative procedures for acceptance criteria and the conduct of appeals are provided in the State Mining & Geology Boards’s regulations pursuant to Article 5 PRC, Section 3650. Reclamation Plan appeals can only be considered within 15 days of exhausting his or her rights to appeal in accordance with the procedures of the lead agency. Failure to submit all the required, completed documents to the SMGB within the 15 days filing period will result in an incomplete filing of intent and an automatic rejection of the appeal.
