1. (a) The Division may file an appeal to the Board pursuant to section 2770 of the Public Resources Code concerning a financial assurance cost estimate, within 15 days of receiving a lead agency's final response to comments pursuant to Public Resources Code section 2773.4(c)(6)(B) or 2773.4(d)(5)(E) or, if the lead agency fails to provide a final response to comments, 45 days after approval of the financial assurance cost estimate. The notice of intent to appeal submitted by the Division shall include the following information:

   1. (1) A copy of the financial assurance cost estimate and all supporting documents which the lead agency submitted to the Division for comment pursuant to Public Resources Code section 2773.4.
   2. (2) A copy of the Division's comments submitted pursuant to Public Resources Code section 2773.4(c)(6)(B) or 2773.4(d)(6), and a written statement indicating the basis for the Division's challenge of the approval by the lead agency concerning the financial assurance cost estimate for reclamation.
2. (b) The Division shall serve a copy of the notice of intent to appeal to the lead agency at the time of the filing of the notice of intent.

Note: Authority cited: Sections 2755, 2759 and 2770, Public Resources Code. Reference: Section 2770, Public Resources Code.

History

1. New section filed 11-7-2019; operative 1-1-2020 (Register 2019, No. 45).