Article 18 — SURFACE MINING AND RECLAMATIONS

ARTICLE 18 - SURFACE MINING AND RECLAMATIONS[[1]]

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Note— Added by Ordinance 04-12, adopted September 28, 2004.

SEC. 10-18.01 - DEFINITIONS.

The definitions set forth below shall govern the construction of this Article.

"Area of Regional Significance." An area designated by the State Mining and Geology Board which is known to contain a deposit of minerals, the extraction of which is judged to be of prime importance in meeting future needs for minerals in a particular region of the State within which the minerals are located and which, if prematurely developed for alternate incompatible land uses, could result in the premature loss of minerals that are of more than local significance.

"Area of Statewide Significance." An area designated by the Board which is known to contain a deposit of minerals, the extraction of which is judged to be of prime importance in meeting future needs for minerals in the State and which, if prematurely developed for alternate incompatible land uses, could result in the permanent loss of minerals that are of more than local or regional significance.

"Borrow Pits." Excavations created by the surface mining of rock, unconsolidated geologic deposits or soil to provide material (borrow) for fill elsewhere.

"Compatible Land Uses." Land uses inherently compatible with mining and/or that require a minimum public or private investment in structures, land improvements, and which may allow mining because of the relative economic value of the land and its improvements. Examples of such uses may include, but shall not be limited to, very low density residential, geographically extensive but low impact industrial, recreational, agricultural, silvicultural, grazing, and open space.

"Exploration" or "Prospecting." 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 mineral present.

"Haul Road." A road along which material is transported from the area of excavation to the processing plant or stock pile area of the surface mining operation.

"Idle." Surface mining operations curtailed for a period of one year or more, by more than 90 percent of the operation's previous maximum annual mineral production, with the intent to resume those surface mining operations at a future date.

"Incompatible Land Uses." Land uses inherently incompatible with mining and/or that require public or private investment in structures, land improvements, and landscaping and that may prevent mining because of the greater economic value of the land and its improvements. Examples of such uses may include, but shall not be limited to, high density residential, low density residential with high unit value, public facilities, geographically limited but impact intensive industrial, and commercial.

or private investment in structures, land improvements, and landscaping and that may prevent mining because of the greater economic value of the land and its improvements. Examples of such uses may include, but shall not be limited to, high density residential, low density residential with high unit value, public facilities, geographically limited but impact intensive industrial, and commercial.

"Mine." All mineral bearing properties of whatever kind or character, whether underground, or in a quarry or pit, or any other source from which any mineral substance is or may be obtained.

"Mined Lands." The surface, subsurface, and ground water 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." 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, but excluding geothermal resources, natural gas, and petroleum.

"Mining waste" or "mine waste." 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." Any person who is engaged in surface mining operations, or who contracts with others to conduct operations on his/her behalf, except a person who is engaged in surface mining operations as an employee with wages as his/her sole compensation.

"Overburden." 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.

"Permittee." Any person or operator who possesses a valid permit to operate a surface mine in the City of Hayward that meets the requirements of this Article and SMARA. When the operator and the permittee are not the same person, the operator shall identify the permittee to the City.

"Reclamation." The combined process of land treatment that minimizes disruption or alteration of groundwater movement, water quality degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, sedimentation, 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 that is readily adaptable for alternate land uses and so that adverse impacts on groundwater resources are mitigated and no danger to public health or safety is created. The process may extend to affected lands under the control of the operator surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compaction, erosion and sediment control, stabilization, restoration of groundwater recharge areas, or other measures.

that adverse impacts on groundwater resources are mitigated and no danger to public health or safety is created. The process may extend to affected lands under the control of the operator surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compaction, erosion and sediment control, stabilization, restoration of groundwater recharge areas, or other measures.

"Stream Bed Skimming." Excavation of sand and gravel from stream bed deposits above the mean summer water level or stream bottom, whichever is higher.

"Surface Mining Operations." All, or any part of, the process involved in the mining of minerals on mined lands by removing overburden 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 include, but are not limited to, in-place distillation, retorting or leaching, the production and disposal of mining waste, the removal of overburden, prospecting and exploratory activities, borrow pit activity, streambed skimming, and segregation and stockpiling of mined materials (and recovery of same).

The provisions of SMARA (PRC Sections 2710 et seq.), PRC Section 2207, and State regulations CCR Sections 3500 et seq., as those provisions and regulations may be amended from time to time, are made a part of this article by reference with the same force and effect as if the provisions therein were specifically and fully set out herein, excepting that when the provisions of this Article are more restrictive than correlative State provisions, this Article shall prevail.

Except as provided in sections 10-18.04 and 10-18.05 of this Article, no person shall conduct surface mining operations unless a conditional use permit, reclamation plan and financial assurances for reclamation have first been approved by the City of Hayward. Any applicable exemption from this requirement does not automatically exempt or limit a project or activity from the application of other regulations, ordinances or policies of the City, including but not limited to, the application of CEQA, the requirements of conditional use permits or other permits, the payment of development impact fees, or the imposition of other dedications and exactions as may be permitted under the law. The provisions of this Article shall apply to all lands within the City, public and private.

The provisions of this Article shall not apply to the following activities, subject to the above-referenced exceptions:

(a)

Excavations or grading conducted for farming or on-site construction or for the purpose of restoring land following a flood or natural disaster.

(b)

Onsite excavation and onsite earthmoving activities that are an integral and necessary part of an approved construction project that are undertaken to prepare a site for construction of structures, landscaping, or other land improvements, including the related excavation, grading, compaction, or the creation of fills, road cuts, and embankments, whether or not surplus materials are exported from the site, if all of the following conditions are met:

(1)

All required permits for the construction, landscaping, or related land improvements have been approved by a public agency or agencies in accordance with applicable provisions of state law and locally adopted plans and ordinances, including, but not limited to, the California Environmental Quality Act ("CEQA", Public Resources Code, Division 13, Sections 21000 et seq.).

(2)

The City's approval and CEQA review (if applicable) of the construction project included the onsite excavation and onsite earthmoving activities.

(3)

The approved construction project is consistent with the General Plan and zoning of the site.

(4)

Surplus materials shall not be exported from the site unless and until actual construction work has commenced and shall cease if the City determines, in its discretion, that construction activities have terminated, have been indefinitely suspended, or are no longer being actively pursued.

(c)

Permitted operation of a plant site used for mineral processing, including associated onsite structures, equipment, machines, tools, or other materials, including the onsite stockpiling and onsite recovery of mined materials, if all of the following conditions are met:

(1)

The plant site is located on lands designated for industrial or commercial uses in the City's general plan.

(2)

The plant site is located on lands zoned industrial or commercial, or is contained within a zoning district intended exclusively for industrial activities by the City.

(3)

None of the minerals being processed are being extracted onsite.

(4)

All reclamation work has been completed pursuant to the approved reclamation plan for any mineral extraction activities that occurred onsite after January 1, 1976.

(d)

Prospecting for, or the extraction of, minerals for commercial purposes or the removal of overburden in total amounts of less than 1,000 cubic yards on any property of one acre or less shown as a unit on the latest county assessment roll.

(e)

Surface mining operations that are required by federal law in order to protect a mining claim, if such operations are conducted solely for that purpose.

(f)

Any other surface mining operations that the State Mining and Geology Board determines to be of an infrequent nature and which involve only minor surface disturbances.

(g)

The solar evaporation of sea water or bay water for the production of salt and related minerals.

(h)

Emergency excavations or grading conducted by the Department of Water Resources or the Reclamation Board for the purpose of averting, alleviating, repairing, or restoring damage to property due to imminent or recent floods, disasters, or other emergencies.

(a)

Vested Rights. No person who obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall be required to secure a conditional use permit to mine, so long as the vested right continues and as long as no substantial changes have been made in the mining operation except in accordance with SMARA, State regulations, this article and any other applicable requirements. Where a person with vested rights has continued surface mining in the same area subsequent to January 1, 1976, City approval of a reclamation plan covering the mined lands disturbed by such subsequent surface mining shall be obtained. In those cases where an overlap exists (in the horizontal and/or vertical sense) between pre- and post-Act mining, the reclamation plan shall call for reclamation proportional to that disturbance caused by the mining after the effective date of the Act (January 1, 1976). All other requirements of State law and this article shall apply to vested mining operations.

(b)

Existing Operations approved by another lead agency. Any surface mining operation authorized to operate under a permit, reclamation plan and financial assurances approved by another agency serving as lead agency pursuant to SMARA, shall not be required to obtain a conditional use permit and approval of a reclamation plan from the City so long as such permit remains in effect and surface mining is conducted in accordance with regulations and the approved reclamation plan in effect at the time the permit was issued, including any permit conditions imposed.

The City Council shall serve as the approving authority for any reviews required under the terms of such permit as hereinafter set forth, and the City shall conduct inspections, review financial assurances and perform other duties required of a lead agency as indicated in this Article and SMARA.

(a)

Submittal Requirements. Applications for a conditional use permit or approval of a reclamation plan for surface mining or land reclamation projects shall be made on forms provided by the Planning Division. Said applications shall be filed in accord with this Article and procedures established by the Planning Director. The reclamation plan shall be filed concurrently with the conditional use permit application, along with all required environmental review forms and information prescribed by the Planning Director.

The forms for reclamation plan applications shall require, at a minimum, each of the elements required by SMARA (Sections 2772-2773) and State regulations, and any other requirements deemed necessary to facilitate an expeditious and fair evaluation of the proposed reclamation plan, to be established at the discretion of the Planning Director. All documentation for the reclamation plan shall be submitted to the City at one time.

For surface mining operations that are exempt from a conditional use permit pursuant to this article, the reclamation plan application shall include information concerning the mining operation as needed to process the reclamation plan.

(b)

Notice of Filing to State. Within thirty (30) days of acceptance of an application for a conditional use permit for surface mining operations and/or a reclamation plan as complete, the Planning Division shall notify the State Department of Conservation of the filing of the application(s). Whenever mining operations are proposed in the 100-year flood plain of any stream, as shown in Zone A of the Flood Insurance Rate Maps issued by the Federal Emergency Management Agency ("FEMA"), and within one mile, upstream or downstream, of any state highway bridge, the Planning Division shall also notify the State Department of Transportation ("Caltrans") that the application has been received.

(c)

Environmental Review. The Planning Division shall process the application(s) in accordance with the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.) and the City's environmental review guidelines.

(d)

Public Hearings Required. Upon completion of the environmental review procedure and filing of all documents required by the Planning Director, consideration of the conditional use permit and/or reclamation plan for the proposed or existing surface mining operation shall be conducted pursuant to Chapter 10, Article 1, Section 101.3200 of the Hayward Municipal Code at public hearings before the Planning Commission and City Council, and pursuant to Section 2774 of the Public Resources Code, excepting the Planning Commission shall serve as the recommending body to the City Council and the City Council shall serve as the approving authority. Subsequent to the appropriate environmental review, the Planning Division shall prepare a staff report with recommendations for consideration by the Planning Commission and City Council.

, and pursuant to Section 2774 of the Public Resources Code, excepting the Planning Commission shall serve as the recommending body to the City Council and the City Council shall serve as the approving authority. Subsequent to the appropriate environmental review, the Planning Division shall prepare a staff report with recommendations for consideration by the Planning Commission and City Council.

The Planning Commission and City Council shall each hold at least one noticed public hearing on the conditional use permit and/or reclamation plan. Notice for each hearing shall be given by mail or delivery to the operator/applicant, to all persons shown on the last available equalized assessment role as owning real property within three hundred feet (300 feet) of the property involved and to other individuals who have expressed an interest in receiving such notifications. All such notices shall be given not less than ten days prior to the dates set for the hearings.

(e)

Certification to State of Reclamation Plan and Financial Assurances. Prior to final approval by the City Council of a reclamation plan, financial assurances (as provided in this Article) or any amendments to a reclamation plan and/or existing financial assurances, the Planning Director shall certify to the State Department of Conservation that the reclamation plan and/or financial assurance complies with the applicable requirements of State law, and submit the plan, assurance, or amendments to the State Department of Conservation for review. The City Council may conceptually approve the reclamation plan and financial assurance before submittal to the State Department of Conservation. If a conditional use permit is being processed concurrently with the reclamation plan, the City Council may simultaneously also conceptually approve the conditional use permit. However, the City Council may defer action on the conditional use permit until taking final action on the reclamation plan and financial assurances. If necessary to comply with permit processing deadlines, the City Council may approve the conditional use permit upon the condition that the conditional use permit for the mining operations shall not take effect until cost estimates for financial assurances have been reviewed by the State Department of Conservation and final action has been taken on the reclamation plan and financial assurances.

If necessary to comply with permit processing deadlines, the City Council may approve the conditional use permit upon the condition that the conditional use permit for the mining operations shall not take effect until cost estimates for financial assurances have been reviewed by the State Department of Conservation and final action has been taken on the reclamation plan and financial assurances.

Pursuant to PRC Section 2774(d), the State Department of Conservation shall be given 30 days to review and comment on the reclamation plan and 45 days to review and comment on the financial assurance. The Planning Division shall evaluate written comments received, if any, from the State Department of Conservation during the comment periods. Staff shall prepare a response describing the disposition of the major issues raised by the State for the City Council's approval. In particular, when the City Council's position is at variance with the recommendations and objections raised in the State's comments, staff's written response shall address, in detail, why specific comments and suggestions were not accepted. Copies of any written comments received and responses prepared by the Planning Division staff shall be promptly forwarded to the operator/applicant.

(f)

Final Action. The City Council shall then take action to approve, conditionally approve, or deny the conditional use permit and/or reclamation plan, and to approve the financial assurances pursuant to PRC Section 2770(d).

(g)

Routing to State. The Planning Division shall forward a copy of each approved conditional use permit for mining operations, and/or approved reclamation plan, and a copy of the approved financial assurances to the State Department of Conservation. By July 1 of each year, the Planning Division shall submit to the State Department of Conservation for each active or idle mining operation a copy of the approved conditional use permit or reclamation plan amendments, as applicable, or a statement that there have been no changes during the previous year.

(a)

All reclamation plans shall comply with the provisions of SMARA (Sections 2772 and 2773) and State regulations (California Code of Regulations Sections 3500-3505). Reclamation plans approved after January 15, 1993, reclamation plans for proposed new mining operations, and any substantial amendments to previously approved reclamation plans, shall also comply with the requirements for reclamation performance standards (CCR Sections 3700-3713).

(b)

In approving a reclamation plan, the City may impose additional performance standards either in review of individual projects, as warranted, or through the formulation and adoption of City-wide performance standards.

(c)

Reclamation activities shall be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance. Interim reclamation may also be required for mined lands that have been disturbed and that may be disturbed again in future operations. Reclamation may be done on an annual basis, in stages compatible with continuing operations, or on completion of all excavation, removal, or fill, as approved by the City. Each phase of reclamation shall be specifically described in the reclamation plan and shall include (a) the beginning and expected ending dates for each phase; (b) all reclamation activities required; (c) criteria for measuring completion of specific reclamation activities; and (d) estimated costs for completion of each phase of reclamation.

(d)

The information, analysis and other specifications submitted as part of the reclamation plan shall demonstrate that the improvements and financial assurances are sufficient to reclaim the site in a condition that meets all applicable State and City standards, and that is appropriate for the proposed reuse of the site and consistent with the land use and other applicable policies of the General Plan.

The permittee and/or operator for which a reclamation plan has been approved shall sign a statement accepting responsibility for reclaiming the mined lands in accordance with the reclamation plan. Prior to sale or transfer of the operation, the new permittee and/or operator shall submit a signed statement of responsibility as well as evidence required to demonstrate the financial assurance requirement set forth in this article to the Planning Division for placement in the permanent record.

(a)

Conditional Use Permits. In addition to any findings required by the Hayward Municipal Code for conditional use permits, a conditional use permit for surface mining operations shall include a finding that the project complies with the provisions of SMARA and State regulations.

(b)

Reclamation Plans. For reclamation plans, the following findings shall be required:

(1)

That the reclamation plan complies with SMARA and any other applicable provisions;

(2)

That the reclamation plan complies with the requirements of all applicable State regulations.

(3)

That the reclamation plan and potential use of reclaimed land pursuant to the plan are consistent with this article, the City's General Plan and any applicable resource plan or element.

(4)

That the reclamation plan has been reviewed pursuant to CEQA and the City's environmental review guidelines, and all significant adverse impacts from reclamation of the surface mining operations are mitigated to the maximum extent feasible.

(5)

That the land and/or resources such as water bodies to be reclaimed will be restored to a condition that is compatible with, and blends in with, the surrounding natural environment, topography, and other resources, or that suitable off-site development will compensate for related disturbance to resource values.

(6)

That the reclamation plan will restore the mined lands to a safe, stable and usable condition that is readily adaptable for alternative land uses consistent with the General Plan and applicable resource plan.

(7)

That a written response to the State Department of Conservation has been prepared, describing the disposition of any major issue raised by that Department. Where the City's position is at variance with the recommendations and objections raised by the State Department of Conservation, said response shall address, in detail, why specific comments and suggestions were not accepted.

(a)

To ensure that reclamation will proceed in accordance with the approved reclamation plan, the City shall require as a condition of approval security which will be released upon satisfactory performance. The applicant may pose security in the form of a surety bond, trust fund, 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 State regulations and which the City reasonably determines are adequate to perform reclamation in accordance with the surface mining operation's approved reclamation plan. Financial assurances shall be made payable to the City of Hayward and the State Department of Conservation.

(b)

Financial assurances shall be required to ensure compliance with elements of the reclamation plan, including but not limited to, revegetation and landscaping requirements, restoration of aquatic or wildlife habitat, restoration of water bodies and water quality, slope stability and erosion and drainage control, disposal of hazardous materials, and other measures, if determined necessary by the Planning Director to comply with the requirements of a conditional use permit/reclamation plan.

(c)

Cost estimates for the financial assurance shall be submitted to the Planning Division for review and approval prior to the operator securing financial assurances. The Planning Director shall forward a copy of the cost estimates, together with any documentation received supporting the amount of the cost estimates, to the State Department of Conservation for review. If the State Department of Conservation does not comment within 45 days of receipt of these estimates, it shall be assumed that the cost estimates are adequate, unless the City has reason to determine that additional costs may be incurred. The Planning Director shall have the discretion to approve the financial assurance if it meets the requirements of this Article, SMARA and State regulations.

(d)

The amount of the financial assurance shall be based upon the estimated costs of reclamation for the years or phases stipulated in the approved reclamation plan, including any maintenance of reclaimed areas as may be required, subject to adjustment for the actual amount required to reclaim lands disturbed by surface mining activities since January 1, 1976, and new lands to be disturbed by surface mining activities in the upcoming year. Cost estimates shall be prepared by a California registered Professional Engineer and/or other similarly licensed and qualified professionals retained by the operator. The estimated amount of the financial assurance shall be based on an analysis of physical activities necessary to implement the approved reclamation plan, the unit costs for each of these activities, the number of units of each of these activities, and the actual administrative costs. Financial assurances to ensure compliance with revegetation, restoration of water bodies, restoration of aquatic or wildlife habitat, and any other applicable element of the approved reclamation plan shall be based upon cost estimates that include, but may not be limited to labor, equipment, materials, mobilization of equipment, administration, monitoring, inspections and reasonable profit by a commercial operator other than the permittee. A maximum contingency factor of ten percent (10%) shall be added to the cost of financial assurances.

(e)

In projecting the costs of financial assurances, it shall be assumed without prejudice or insinuation that the surface mining operation could be abandoned by the operator and/or permittee and, consequently, the City or State Department of Conservation may need to contract with a third party commercial company for reclamation of the site.

(f)

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

(g)

The amount of financial assurances required of a surface mining operation for any one year 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. The financial assurances shall include estimates to cover reclamation for existing conditions and anticipated activities during the upcoming year, excepting that the permittee and/or operator may not claim credit for reclamation scheduled for completion during the coming year.

(h)

Revisions to financial assurances shall be submitted to the Planning Director each year prior to the anniversary date for approval of the financial assurances. The financial assurance shall cover the cost of existing disturbance

and anticipated activities for the next calendar year, including any required interim reclamation. If revisions to the financial assurances are not required, the operator shall explain, in writing, why revisions are not required.

(a)

Within 90 days of a surface mining operation becoming idle, the operator shall submit to the Planning Division a proposed Interim Management Plan (IMP). The proposed IMP shall fully comply with the requirements of SMARA and all conditional use permit conditions, and shall provide measures the operator will implement to maintain the site in a stable condition, taking into consideration public health and safety. The proposed IMP shall be submitted on forms provided by the Planning Division, and shall be processed as an amendment to the reclamation plan, as hereinafter provided. IMPs shall not be considered a project for the purposes of environmental review.

(b)

Financial assurances for idle operations shall be maintained as though the operation were active, or as otherwise approved through the idle mine's IMP.

(c)

Upon receipt of a complete proposed IMP, the Planning Division shall forward the IMP to the State Department of Conservation for review. The IMP shall be submitted to the State Department of Conservation at least 30 days prior to review by the Planning Commission.

(d)

Within 60 days of receipt of the proposed IMP, or a longer period mutually agreed upon by the Planning Director and the operator, the Planning Commission shall review and recommend approval or denial to the City Council of the IMP in accordance with this Article. The operator shall have thirty (30) days, or a longer period mutually agreed upon by the operator and the Planning Director, to submit a revised IMP. The Planning Commission shall recommend approval or denial of the revised IMP within sixty (60) days of receipt. The City Council shall consider the recommendation of the Planning Commission and approve or deny the IMP.

(e)

The IMP may remain in effect for a period not to exceed five years, at which time the City Council may renew the IMP for another period not to exceed five years, or require the surface mining operator to commence reclamation in accordance with its approved reclamation plan.

Surface mining operators shall forward an annual surface mining report to the State Department of Conservation and to the Planning Division on a date established by the State 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 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.

SEC. 10-18.13 - INSPECTIONS.

The Planning Division shall arrange for inspection of a surface mining operation within six months of receipt of the annual report required in section 10-18.12, to determine whether the surface mining operation is in compliance with the approved conditional use permit and/or reclamation plan, approved financial assurances, and State regulations. In no event shall less than one inspection be conducted in any calendar year. Said inspections may be made by a state-registered geologist, state-registered civil engineer, state-licensed landscape architect, or stateregistered forester, who is experienced in land reclamation and who has not been employed by the mining operation in any capacity during the previous 12 months, or other qualified specialists, as selected by the Planning Director. All inspections shall be conducted using a form approved and provided by the State Mining and Geology Board.

The Planning Division shall notify the State Department of Conservation within thirty (30) days of completion of the inspection that said inspection has been conducted, and shall forward a copy of said inspection notice and any supporting documentation to the mining operator. The operator shall be solely responsible for the reasonable cost of such inspections.

If the Planning Director, based upon an annual inspection or otherwise confirmed by an inspection of the mining operation, determines that a surface mining operation is not in compliance with this Article, the conditional use permit, any required permit and/or the reclamation plan, the City shall follow the procedures set forth in Public Resources Code, Sections 2774.1 and 2774.2 concerning violations and penalties, as well as those in Chapter 10, Article 1, Sections 10-1.3255 and 10-1.3260 of the Hayward Municipal Code, related to revocation and/or abandonment of a conditional use permit, that are not preempted by SMARA.

Any person aggrieved by an act or determination of the Planning Director or Planning Commission in the exercise of the authority granted herein, shall have the right to appeal as provided in Chapter 10, Article 1, Section 101.3245 of the Hayward Municipal Code.

The City shall establish such fees as it deems necessary to cover the reasonable costs incurred in implementing this Article and the State regulations, including but not limited to, processing of applications, annual reports, inspections, monitoring, enforcement and compliance. Such fees shall be paid by the operator, as required by the City, at the time of filing of the conditional use permit, reclamation plan application, and at such other times as are determined by the City to be appropriate in order to ensure that all reasonable costs of implementing this article are borne by the mining operator.

Each operator of a permitted surface mine in the City of Hayward shall pay an administrative fee of $0.045 per ton beginning January 1, 2003, $0.06 per ton beginning January 1, 2004, and $0.075 per ton beginning January 1, 2005, for aggregate material sold, including gravel, sorted and/or crushed rock, sand, crushed shale or dirt, and also including any component mass of asphalt and concrete products consisting of these materials, to the Planning Division to help cover the Division's costs in administering Hayward's surface mining, reclamation and associated programs. This administrative fee shall be paid into an account annually on January 31 of each year, beginning 2003. The quantity of aggregate on which the administrative fee is based shall be the total tonnage of material sold from January 1 through December 31 of the previous year. The amount of the administrative fee may be reconsidered every five years commencing in 2008.

Mine development is encouraged in compatible areas before encroachment of conflicting uses. Mineral resource areas that have been classified by the State Department of Conservation's California Geologic Survey or designated by the State Mining and Geology Board, as well as existing surface mining operations that remain in compliance with the provisions of this Article, shall be protected from intrusion by incompatible land uses that may impede or preclude mineral extraction or processing, to the extent possible for consistency with the City's General Plan. In accordance with PRC Section 2762, the City's General Plan and resource maps will be prepared to reflect mineral information (classification and/or designation reports) within 12 months of receipt from the State Mining and Geology Board of such information. Land use decisions within the City will be guided by information provided on the location of identified mineral resources of regional significance. Conservation and potential development of identified mineral resource areas will be considered and encouraged. Recordation on property titles of the presence of important mineral resources within the identified mineral resource areas may be encouraged as a condition of approval of any development project in the impacted area. Prior to approving a use that would otherwise be incompatible with mineral resource protection, conditions of approval may be applied to encroaching development projects to minimize potential conflicts.