SU0012814 - Laserfiche WebLink

Home Browse Search

b y annual review and approval by the County and the State, and the amount shall be adequate to ensure reclamation of disturbed land and/or land to be disturbed during a given phase. The annual review of the financial guarantee shall be coordinated with the annual inspection and approval of successive reclamation security so that the guarantee includes that amount of disturbed land plus the amount of land estimated to be disturbed during the next 12 months, less that amount of land previously determined by the Development Services Division's annual inspection -to have been reclaimed. The performance guarantee shall be in the form of either (1) a surety bond, (2) a trust fund with the lead agency, or(3) an irrevocable letter of credit. Any interest accrued in a trust fund shall stay with the trust fund account. The financial guarantee shall be payable to "San Joaquin County or the Department of Conservation" under the applicable provisions of the County and State mining regulations. The financial guarantee shall be callable by the County or the State under the following circumstances: (1) The applicant causes the excavation to become idle (as defined in Section 9-110 of the Development Title) without an approved interim management plan; (2) The applicant files for bankruptcy; (3) The County or State determines on the•basis of annual inspections and reports that the applicant has not maintained substantial compliance with the approved Permit; (4) There arises an occurrence or circumstance which, in the opinion of the County or State,jeopardizes the site reclamation; or (5) The State makes one or more of the findings specified in Section 2774.4(a) of the State Public Resources Code. i In any instance that the County or State makes the demand for partial or full tender of the financial guarantee of performance, the County and/or State may use all or any portion of the financial guarantee to reclaim the site and to recover its administrative costs associated therewith. (Development Title Section 9-1415.3(r]) i q.. ENFORCEMENT: Except as otherwise provided in State Mining Regulations, the County shall have authority to enforce provisions of the Surface Mining and Reclamation Act. The County may exercise all enforcement regulations available under the County Development Title and the State Public Resources Code. Such enforcement measures include charging the applicant the costs of administering an enforcement action. The basis for charging fees for an enforcement action shall be a time and materials compensation. (Development Title Section 9-1415.3(t]) r. HOSPITAL CREEK: The levee system parallel to Hospital Creek on the southern side of the creek shall be maintained by the mine operator in good repair and at sufficient height to contain the flood waters of Hospital Creek flowing southerly until reclamation of the southern mining area is complete as defined by the replacement of earth materials in all mining areas to the south of the course of Hospital Creek being returned to original grade. The levee system parallel to Hospital Creek on the northern side of the creek shall be modified as necessary, prior to mining operations being undertaken to the north of the ;l r