(a)

The ordinance codified in this article is adopted pursuant to the California Surface Mining and Reclamation Act of 1975, Chapter 9, Public Resources Code.

(b)

The Council hereby finds and declares that the extraction of minerals is essential to the continued economic well-being of the City and to the needs of society, and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety.

(c)

The Council further finds that the reclamation of mined lands as provided in this article will permit the continued mining of minerals and will provide for the protection and subsequent beneficial use of the mined and reclaimed land.

(d)

The Council further finds that surface mining takes place in diverse areas where the geologic, topographic, climatic, biological and social conditions are significantly different and that reclamation operations and the specifications therefore may vary accordingly.

(e)

The Council further finds that lands utilized for mining will be compatible with surrounding industrial land uses and not interfere with non-mining uses due to being buffered by major roadway industrial uses and/or open space between lands available for mining and non-mining lands.

(Ord. 1019 § 1 (Exh. A (part)), 2000; Ord. 1018 § 2 (Exh. A (part)), 2000)

For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:

"Exploration" or "prospecting" means the search for minerals by geological, geophysical, geochemical, or other techniques, including but not limited to, sampling, assaying, drilling, or any surface or underground works needed to determine the type, extent, or quantity of minerals present.

"Mined lands" includes the surface, subsurface, and groundwater of an area in which surface mining operations will be, are being, or have been conducted, including private ways and roads appurtenant to any such area, land excavations, workings, mining waste, and areas in which structures, facilities, equipment, machines, tools, or other materials or property which result from, or are used in, surface mining operations are located.

"Minerals" means any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances, including, but not limited to, coal, peat, and bituminous rock, aggregate minerals, but excluding geothermal resources, natural gas, and petroleum.

"Mining waste" includes the residual of soil, rock, mineral, liquid, vegetation, equipment, machines, tools, or other materials or property directly resulting from or displaced by, surface mining operations.

"Operator" means any person who is engaged in surface mining operations, himself, or who contracts with others to conduct operations on his behalf.

"Overburden" means soil, rock, or other materials that lie above a natural mineral deposit or in between deposits, before or after their removal, by surface mining operations.

"Permit" means any formal authorization from, or approved by, the City, the absence of which would preclude surface mining operations.

"Person" means any individual, firm, association, corporation, organization, or partnership, or any city, county, district or the state or any department or agency thereof.

"Reclamation" means the process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and create no danger to public health or safety. The process may extend to affected lands surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization, or other measures.

"State Board" means the State Mining and Geology Board, in the Department of Conservation, State of California.

"Surface Mining and Reclamation Act" or "Act" means the Surface Mining and Reclamation Act of 1975, at Public Resources Code section 2710 and following.

"Surface mining operations" means all or any part of the process involved in the mining of minerals on mined lands by removing over burden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations shall include, but are not limited to: (1) in place distillation, retorting or leaching; (2) the production and disposal of mining waste; (3) prospecting and exploratory activities.

(Ord. 1019 § 1 (Exh. A (part)), 2000; Ord. 1018 § 2 (Exh. A (part)), 2000)

(a)

The provisions of this chapter shall apply to the incorporated areas of the City where consistent with the City General Plan and permitted by zoning.

(b)

The provisions of this chapter are not applicable to any activity that is excepted from the requirements of the California Surface Mining and Reclamation Act of 1975 under Public Resources Code section 2714.

(Ord. 1019 § 1 (Exh. A (part)), 2000; Ord. 1018 § 2 (Exh. A (part)), 2000)

(a)

Any person who proposes to engage in surface mining operations as defined in this chapter shall, prior to the commencement of such operations, obtain from the City, (1) a permit to mine, and (2) approval of a reclamation plan, in accordance with the provisions set forth in the chapter and as further provided in article 5, California Surface Mining and Reclamation Act of 1975. A fee as established for applications by Resolution of the City Council shall be paid to the City at the time of filing. All applications for a reclamation plan for surface mining operations shall be made on forms provided by the City and as called for by section 2772 of California Surface Mining and Reclamation Act of 1975.

(b)

Reserved.

(c)

The Director, Department of Conservation shall be notified of the filing of a permit applications within thirty (30) days after the application is accepted as complete.

(d)

The ordinance codified in this article shall be continuously reviewed and revised, as necessary, in order to ensure that it is in accordance with the state policy for mined lands reclamation.

(e)

The reclamation plan shall be filed with the Director of Development and Engineering Services on a form provided by the City by any person who owns, leases, or otherwise controls or operates on all, or any portion of any, mined lands, and who plans to conduct surface mining operations thereon. The reclamation plan shall include the following information and documents:

(1)

The names and addresses of the operator and the names and addresses of any persons designated by him as his agents for the service of process;

(2)

The anticipated quality and type of minerals for which the surface mining operation is to be conducted;

(3)

The proposed dates for the initiation and termination of such operation;

(4)

The maximum anticipated depth of the surface mining operation;

(5)

The size and legal description of the lands that will be affected by such operation, a map that includes the boundaries and topographic details of such lands, a description of the general geology of the area, a detailed description of the geology of the area in which surface mining is to be conducted, the location of all streams, roads, railroads, and utility facilities within, or adjacent to, such lands, the location of all proposed access roads to be constructed in conducting such operation, and the names and addresses of the owners of all surface and mineral interests of such lands;

(6)

A description of and plan for the type of surface mining to be employed and a time schedule that will provide for the completion of surface mining on each segment of the mined lands so that reclamation can be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance by the surface mining operation;

(7)

A description of the proposed use or potential uses of the land after reclamation and evidence that all owners of a possessor interest in the land have been notified of the proposed use or potential uses;

(8)

A description of the manner in which reclamation, adequate for the proposed use or potential uses will be accomplished including:

(i)

A description of the manner in which contaminates will be controlled, monitor and mining waste will be disposed,

(ii)

A description of the manner in which rehabilitation of affected streamed channels and streambanks to a condition minimizing erosion and sedimentation will occur,

(iii)

A time schedule that will provide for the completion of the reclamation plan on each segment of the mined lands;

(9)

An assessment of the effect of implementation of the reclamation plan on future mining in the area;

(10)

A statement that the person submitting the plan accepts responsibility for reclaiming the mined lands in accordance with the reclamation plan;

(11)

Any other information which the City may require by ordinance.

(f)

The reclamation plan shall be applicable to a specific piece of property or properties, and shall be based upon the character of the surrounding area and such characteristics of the property as type of overburden, soil stability, topography, geology, climate, stream characteristics, and principal mineral commodities.

(Ord. 1019 § 1 (Exh. A (part)), 2000; Ord. 1018 § 2 (Exh. A (part)), 2000)

(a)

After receiving an application for a permit and reclamation plan required by section 10.08.4730(a) and forwarding that application to the Director of the Department of Conservation, the Director of Development and Engineering Services shall forward the proposed reclamation plan to the City Engineer. The City Engineer shall then select a consultant and/or qualified government agency to review the reclamation plan. The applicant is responsible for the costs, and the review may not occur until the applicant has paid all the City's expenses for conducting the review.

(b)

The Department of Development and Engineering Services shall process the application for the mining permit and reclamation plan including environmental review pursuant to the California Environmental Quality Act.

(c)

Based upon the review under subsection (a), the City Engineer shall determine whether the proposed reclamation plan complies with the regulations of the State Mining and Geology Board (article 1 of chapter 8 of division 2 of Title 14 of the California Code of Regulations) effective at the time the proposed reclamation plan was submitted. If a proposed reclamation plan does not comply with all the State Mining and Geology Board regulations, the City Engineer may amend the reclamation plan or add conditions to ensure its compliance. When the City Engineer has determined that the proposed reclamation plan complies with all the State Mining and Geology Board regulations, or would comply with all the regulations as amended, the City Engineer shall forward the reclamation plan and any amendments to the Director of Development and Engineering Services with a statement that the proposed reclamation plan is satisfactory and a recommendation that it be forwarded to the Planning Commission for approval.

(d)

After the City Engineer has determined that the proposed reclamation plan is satisfactory, the Planning Commission shall hold a public hearing within a reasonable time. At the conclusion of the hearing, the Planning Commission shall determine whether the proposed reclamation plan complies with the regulations of the State Mining and Geology Board and whether the applicant has provided adequate financial assurances pursuant to section 10.48.4750.

(e)

If, at the conclusion of the hearing required by subsection (d) of this section, the Planning Commission determines that a proposed reclamation plan complies with the regulations of the State Mines and Geology Board and that the applicant has provided adequate financial assurances, the Planning Commission shall submit the reclamation plan, financial assurances, and any other documents required by Public Resources Code section 2774(c) to the Director, Department of Conservation. The Planning Commission shall also certify to the Director that the proposed reclamation plan complies with the regulations of the State Mining and Geology Board effective at the time the proposed reclamation plan was submitted. The Commission may conceptually approve the reclamation plan.

(f)

After the Director of the Department of Conservation has completed the required review under Public Resources Code section 2774(d), or, if necessary, the Planning Commission has responded to the Director of Conservation's review under that section, the Planning Commission shall hold a public hearing to consider final approval of the proposed permit and reclamation plan. At the conclusion of the hearing, the Planning Commission may approve the permit and reclamation plan only if it finds that:

(1)

The reclamation plan complies with the regulations of the State Mining and Geology Board (article 1 of chapter 8 of division 2 of Title 14 of the California Code of Regulations) effective at the time the proposed reclamation plan was submitted;

(2)

The permit and reclamation plan have been reviewed pursuant to the California Environmental Quality Act;

(3)

Where mining of the specific piece of property or properties is a permitted use under the zoning ordinance, the reclamation plan minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion and other adverse effects of the mining and that the reclamation of the site is compatible with the ultimate use of the land;

(4)

Where mining is a conditional use under the zoning ordinance, the findings for a use permit are met. (See sections 10.08.4880 and 10.08.4860(b).)

(Ord. 1019 § 1 (Exh. A (part)), 2000; Ord. 1018 § 2 (Exh. A (part)), 2000)

(a)

The Planning Commission may not approve an application for a permit and reclamation plan unless it determines that the applicant has provided financial assurances that will ensure reclamation in accord with the proposed reclamation plan.

(b)

Financial assurances are subject to the following requirements:

(1)

The financial assurances may take the form of a surety bond executed by an admitted surety, an irrevocable letter of credit from an accredited financial institution, or other method acceptable to the City and the State Mining and Geology Board as specified in the state regulations.

(2)

The financial assurances shall remain in effect for the duration of the surface mining operation and any additional period until reclamation is completed.

(3)

The amount of financial assurances shall be adjusted annually to account for new lands disturbed by surface mining operations, inflation, and reclamation of lands accomplished in accordance with the approved reclamation plan.

(4)

The financial assurances shall be made payable to the lead agency and the Department of Conservation.

(Ord. 1019 § 1 (Exh. A (part)), 2000; Ord. 1018 § 2 (Exh. A (part)), 2000)

Reclamation plans, reports, applications, and other documents submitted pursuant to this chapter are public records unless it can be demonstrated to the satisfaction of the City that the release of such information, or part thereof, would reveal production, reserves, in and termed propriety information, entitled to protection as propriety information. The City shall identify such proprietary information as a separate part of each application. A copy of all permits, reclamation plans, reports, applications, and other documents submitted pursuant to this chapter, including proprietary information, shall be furnished to the Director, Department of Conservation by the City.

Proprietary information shall be made available to persons other than the Director, Department of Conservation only when authorized by the mine operator and by the mine owner in accordance with section 2778, California Surface Mining and Reclamation Act of 1975.

Approved reclamation plans shall be recorded with the County as part of the title to the land.

(Ord. 1019 § 1 (Exh. A (part)), 2000; Ord. 1018 § 2 (Exh. A (part)), 2000)

(a)

Surface mining operators shall forward an annual surface mining report to the State Department of Conservation and to the City Department of Development and Engineering Services on a date established by the Department of Conservation, upon forms furnished by the State Mining and Geology Board. New mining operations shall file an initial surface mining report and any applicable filing fees with the State Department of Conservation within thirty (30) days of permit approval, or before commencement of operations, whichever is sooner. Any applicable fees, together with a copy of the annual inspection report, shall be forwarded to the State Department of Conservation at the time of filing the annual surface mining report.

(b)

The Department of Development and Engineering Services shall arrange for inspection of a surface mining operation within six months of receipt of the Annual Report required in subsection (a) of this section to determine whether the surface mining operation is in compliance with the approved reclamation plan, approved financial assurances, and state regulations. At least one inspection shall be conducted in each calendar year. The inspection may be made by a state-registered geologist, state-registered civil engineer, state-licensed landscape architect, or state-registered forester, who is experienced in land reclamation and who has not been employed by the mining operation in any capacity during the previous twelve (12) months, or other qualified specialists, as selected by the Director of Development and Engineering Services. All inspections shall be conducted using a form approved and provided by the State Mining and Geology Board.

(Ord. 1019 § 1 (Exh. A (part)), 2000; Ord. 1018 § 2 (Exh. A (part)), 2000)

Amendments to an approved reclamation plan may be submitted to the City at any time, detailing proposed changes from the original plan. Substantial deviations from the original plan shall not be undertaken until such amendment has been filed with and approved by the City.

Amendments to an approved reclamation plan shall be approved by the same procedure as is prescribed for approval of a reclamation plan.

If determined to be insignificant by the Director of Development and Engineering Services the amendment may be granted by the Director and the reclamation and/or mining permit so amended. If determined to be significant by the Director of Development and Engineering Services the amendment must be reviewed by the Planning Commission.

Within ninety (90) days of a surface mining operation becoming idle, the operator shall submit to the Department of Development and Engineering Services a proposed Interim Management Plan (IMP). The proposed IMP shall fully comply with the requirements of the Surface Mining and Reclamation Act, particularly Public Resources Code section 2770(h). The City shall review and approve the plan in compliance with that section.

(Ord. 1019 § 1 (Exh. A (part)), 2000; Ord. 1018 § 2 (Exh. A (part)), 2000)

Lands designated and/or classified for mineral resources by the State Mining and Geology Board shall be placed in an Aggregate Minerals Overlay Zone, under article 38 of this chapter 10.08.

Permitted uses for lands within the Aggregate Minerals Overlay Zone are described by section 10.08.4860, Permitted uses of the aggregate minerals overlay zone of the Tracy Municipal Code.

(Ord. 1019 § 1 (Exh. A (part)), 2000; Ord. 1018 § 2 (Exh. A (part)), 2000)

The provision of this chapter shall be enforced by the Director of Development and Engineering Services or his or her designee.

(Ord. 1019 § 1 (Exh. A (part)), 2000; Ord. 1018 § 2 (Exh. A (part)), 2000)

Any person aggrieved by an act or determination of the Director of Development and Engineering Services or City Engineer in the exercise of the authority granted herein shall have the right to appeal to the Planning Commission. A decision of the Planning Commission may be appealed to the City Council under section 10.08.4330. Any appeal must be filed on forms provided within fifteen (15) days after the rendition, in writing, of the decision.

(Ord. 1019 § 1 (Exh. A (part)), 2000; Ord. 1018 § 2 (Exh. A (part)), 2000)

Exploration is any activity whose primary purpose is to discover, or verify the existence of, resources which may be mined at a future time. Such activity is subject to the permit and reclamation plan requirements of subsection (a) of section 10.08.4730 if it will cover more than one acre of land or disturb more than 1,000 cubic yards of earth.

An administrative permit is required for exploration if the bore and core operations create a hollow greater than seven inches in diameter or below the water table.

For an administrative permit, a person shall first file with the City the following information on a form provided by the City:

(a)

The location of the proposed exploration activity;

(b)

A description of the manner or method of exploration, including a calendar of the exploration work from a start date to a completion date;

(c)

The number of yards of earth which are likely to be disturbed;

(d)

A description of the method(s) proposed to restore the earth to a condition that is similar to the preexploration condition;

(e)

Obtain an exploration permit from the City Engineer;

(f)

Post financial assurances in favor and in an amount satisfactory to the City and the Department of Conservation, to be used as security for restoring the earth following exploration activity.

After exploration, the person conducting the exploration shall, within fifteen (15) days, restore the earth to a condition as similar to that which existed prior to exploration activities and shall notify the City of the completion of such restoration so as to schedule the site of exploration for inspection by the City. The inspection shall be paid for by the applicant.

The location of exploratory activities permitted by the City shall be proprietary information and not released by the City without the applicant's consent.

(Ord. 1019 § 1 (Exh. A (part)), 2000; Ord. 1018 § 2 (Exh. A (part)), 2000)

If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of this chapter.

(Ord. 1019 § 1 (Exh. A (part)), 2000; Ord. 1018 § 2 (Exh. A (part)), 2000)