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12/02/2004 10:45 51B49G1266 VOLKER LAW OFFIOES P~GE 07/12 <br /> <br /> The argument fails to appreciate thc significance of a surface mining permit. <br />Surface mining is regulated under the state Surface Mining and Keclamation Act of 1975 <br />(SMARA) m~d associated state reguJations. (Pub. Resources Code, § 2710 et seq.; Cai.. <br />Code Rcgs-, tit. 14, § 3500 et seq.) SMARA devolves principal regulatory responsibility <br />over surface mining to local public agencies, and SMARA is implemented here by the <br />County as the lead agency. (Pub. Resources Code, §§ 2728, 2770, subd. (a), 2774, <br />2774.3; Alameda County Code, § 6.80.010 et seq.) With the limited exception of mining <br />operations ex/sting before SMARA's enactment, "no person shall conduct surface mining <br />operations unless a petrnff is obtained fi.om, a reclamation plan has been submitted to and <br />approved, by, and financial', assurances for reclamation have been approved by., the lead <br />agency." (Pub. Resources Code, § 2770, subd. (a).) <br /> Upon application for a surface mining permit, the County notifies the State <br /> Depa~. U',lent of Conservation of the filing, conducts an environmental review under <br /> CEQA, investigates the project and seeks in.put from other agencies as necessary, <br /> prepares an analysis o£the project, holds public hearings to consider the project, and <br /> issues a permit if the County concludes that the project complies with SMARA. <br /> (Alameda County Code, §§ 6.80.080, 6.g0.091-.g0.094, 6.80.110, 6.g0~140-6.80.170.) <br /> Periodic review of a surface mining permit is required, ~d a County-issued permit is <br /> conditioned upon compliance with that requirement. (Alameda County Code, <br /> § 680.190.) The County may also impose other conditions upon. the permit. (Alameda <br /> County Code, § 680.180.) A surface, mini,~g permit is subject tn revocation or suspension <br /> only "for cause," and only after notice and a hearing. (Alameda County Code, § 680.270; <br /> accord Pub. Resources Code, § 2774.1, subds. (a) & (b).) <br /> Plainly, the County "approves" a new quarry by issufiag a surface mining permit. <br /> A surface mining permit is the indispensable requisite for operation ora quarry, and is <br /> issued only aider extensive environmental review and policy considerations. Measure D <br /> provides that that "no new quan~.., may be approved by the County... ~nless <br /> {pproved by the voters of Alameda County." The contested Sunol Valley quarry was <br /> <br /> <br />