Cal. Code Regs. Tit. 14, § 3706 - Performance Standards for Drainage, Diversion Structures, Waterways, and Erosion Control

Current through Register 2021 Notice, Register No. 40, October 1, 2021

(a) Surface mining and reclamation activities shall be conducted to protect on-site and downstream beneficial uses of water in accordance with the Porter-Cologne Water Quality Control Act, Water Code section 13000, et seq., and the Federal Clean Water Act, 33 U.S.C. section 1251, et seq.
(b) The quality of water, recharge potential, and storage capacity of ground water aquifers which are the source of water for domestic, agricultural, or other uses dependent on the water, shall not be diminished, except as allowed in the approved reclamation plan.
(c) Erosion and sedimentation shall be controlled during all phases of construction, operation, reclamation, and closure of a surface mining operation to minimize siltation of lakes and watercourses, as required by the Regional Water Quality Control Board or the State Water Resources Control Board.
(d) Surface runoff and drainage from surface mining activities shall be controlled by berms, silt fences, sediment ponds, revegetation, hay bales, or other erosion control measures, to ensure that surrounding land and water resources are protected from erosion, gullying, sedimentation and contamination. Erosion control methods shall be designed to handle runoff from not less than the 20 year/1 hour intensity storm event.
(e) Where natural drainages are covered, restricted, rerouted, or otherwise impacted by surface mining activities, mitigating alternatives shall be proposed and specifically approved in the reclamation plan to assure that runoff shall not cause increased erosion or sedimentation.
(f) When stream diversions are required, they shall be constructed in accordance with:
(1) the stream and lake alteration agreement between the operator and the Department of Fish and Game; and
(2) the requirements of the Federal Clean Water Act, Sections 301 ( 33 U.S.C. 1311 ) and Section 404 ( 33 U.S.C. 1344 ) and/or Section10 of the Rivers and Harbors Act of 1899 ( 33 U.S.C. 403 ).
(g) When no longer needed to achieve the purpose for which they were authorized, all temporary stream channel diversions shall be removed and the affected land reclaimed.


Cal. Code Regs. Tit. 14, § 3706

Note: Authority cited: Sections 2755, 2756 and 2773, Public Resources Code. Reference: Section 2773, Public Resources Code.

1. New section filed 12-16-92; operative 1-15-93 (Register 92, No. 51).

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