Chapter 13.28 — GEOPHYSICAL TESTING

• A. The purpose of these provisions is to control and regulate non-drilling oil and gas geophysical testing exploration, as herein in this code defined, in the unincorporated territory of the County of Merced on public rights of way in order to promote the following:

  1. Public health, safety, and general welfare.

  2. Preservation of the quality of the environment and its elements.

  3. To provide for the safety as related to vehicle, bicycle, and pedestrian circulation as well as the protection of the value of property, public facility, and improvements.

4. Provide for a permit application which will be uniform and protect the general public.

(Ord. 1179, 1985)

• A. The Director of Public Works shall have the authority to approve, conditionally approve, or deny geophysical testing permits upon the filing of a complete application, as required by this Chapter.

• B. A complete application filed in accordance with the requirements and performance standards outlined within this code shall be acted upon within 15 working days.

• C. The Director of Public Works may terminate or suspend any permit.

• D. Any person, firm, or corporation affected or aggrieved with the action of the Director may appeal the decision to the Board of Supervisors. The appeal shall be in the form of a letter stating briefly the facts of the matter and wherein there has been an abuse of discretion. Appeal letters to the Board shall be filed with the Clerk of the Board on or before 5:00 P.M. five working days following the decision of the Director. Board of Supervisors shall act on the appeal in a timely manner.

• (Ord. 1179, 1985)

Shot testing: The use of drill holes and explosives (dynamite, primacord, etc.) as a source to generate waves or to perform seismic evaluation of subsurface conditions.

Vibroseis testing: A seismic method which uses vibrating machines for the generation of seismic waves or a wave-train to evaluate the subsurface conditions.

Zone of impact: The distance within which certain performance and application requirements, standards, herein apply. For the purposes of these provisions, measured distances shall be the radius from the specific testing location.

Structure: A structure shall be defined as any dwelling or other facility such as a bridge, culvert, water well, irrigation system, etc., which could be damaged by vibroseis testing. (Ord. 1179, 1985)

• A. The following information and documents shall be submitted to the Road Division Office of the Department of Public Works for a complete application:

  1. Contact of all property owners on both sides of roadway requesting permission to test using standard letter furnished by the Department of Public Works.

  2. Contact of all recorded easement owners on both sides of roadway and within 300 feet of said roadway requesting permission to test using same letter described above.

  3. Provide a map and above described letter (Assessor's map acceptable) showing clearly which owners, described in 1 and 2 above, gave permission and which objected to the seismic survey. This map shall be submitted with notarized statement certifying as to the map's accuracy. It shall be presumed that any adjacent owner not signing the permission letter is opposed to the proposed testing.

  4. Proof of One Million Dollars ($1,000,000) liability insurance with County of Merced, unnamed public entities and John Doe adjacent landowner named as beneficiaries with a hold harmless, defense and indemnity clause for the County which includes a statement that the County will receive a 30 day written notice prior to cancellation.

  5. Pay permit fee of Three hundred dollars or as adjusted by Ordinance to cover administrative costs and deposit an additional Three hundred dollars for each estimated working day of each crew. This deposit will be used to pay the Three hundred dollars working day fee for each crew each day that the crew actually worked. If the deposit exceeds the cost determined from actual days worked, the excess will be returned. Should the actual cost exceed the deposit, the applicant will be billed the additional funds. "Working day" is defined as any active conduct by the applicant within the road right-of-way.

  6. Explanation of the test method, location, type of equipment and name, address, and telephone number of contact person.

• (Ord. 1179, 1985)

• A. Only vibroseis testing will be allowed within the road right-of-way and no shot testing will be permitted.

• B. It is the applicant's responsibility to notify the Department of Public Works when work is started and finished.

• C. No work will be performed on public right-of-way prior to issuance of an encroachment permit.

• D. Permit will be valid for 60 working days with possible time extension not to exceed 30 days.

• E. The daily working day fee will be charged continuously from the beginning of work to the completion unless the Department is notified by the applicant of any non-working days. Saturdays, Sundays and legal holidays will not be counted as working days.

• F. No vibroseis testing will be allowed on the paved surface.

• G. No vibroseis testing will be allowed within 300 feet of any structure unless the applicant has received written permission from the owner of that structure to test closer than 300 feet.

• H. No vibroseis testing will be allowed within the road right-of-way unless written permission from the adjacent owners is presented to the Department. If permission is not received from owners on one side of the roadway, cable can be laid through this area but actual testing must be done on private property and not within 300 feet of a structure when the owner of that structure has not given permission for testing. In addition, the adjacent owner, not giving permission, must be notified by the applicant that testing will be proceeding and how the work will progress.

• I. The permittee shall provide traffic control in conformance with the CALTRANS Manual of Traffic Controls.

• J. The applicant shall furnish or have on file a continuance bond in the amount of One hundred thousand dollars, naming the County of Merced as the beneficiary. The bond will be held for 12 months after completion of the last work by the applicant on public right-ofway in Merced County.

• K. The permit fee for laying cable only will be Fifty dollars or as adjusted by Ordinance to cover administrative cost. The daily fees for this type of permit will be $0.00 or as adjusted by Ordinance.

• L. The applicant shall only work within the road right-of-way during daylight hours. (Ord. 1179, 1985)

• A. Any persons, firm or corporation, whether as principal agent, employee or subcontractor, or otherwise violating the conditions of this section shall be guilty of an infraction with penalties as prescribed in Chapter 1.28 of the Merced County Code.

• B. Applicants who have violated permit requirements shall not be issued another permit for testing within Merced County for a period of 12 months from date of any violation. Any applicant which violates the permit provisions two or more times during a five year period may only be allowed permits upon approval by the Merced County Board of Supervisors.

• (Ord. 1179, 1985)