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4) There arises an occurrence or circumstance which, in the opinion of the County or State, <br /> jeopardizes the site reclamation; or <br /> 5) The State makes one or more of the findings specified in Section 2774.4(a) of the State Public <br /> Resources Code. <br /> 6) In any instance that the County or State makes the demand for partial or full tender of the <br /> financial guarantee of performance, the County and/or state may use all or any portion of the <br /> financial guarantee to reclaim the site and to recover its administrative costs associated <br /> therewith. (Development Title Section 9-1415.3[r]) <br /> t. ENFORCEMENT: Except as otherwise provided in State Mining Regulations, the County shall have <br /> authority to enforce provisions of the Surface Mining and Reclamation Act. The County may <br /> exercise all enforcement regulations available under the County Development Title and the State <br /> Public Resources Code. Such enforcement measures include charging the applicant the costs of <br /> administering an enforcement action. The basis for charging fees for an enforcement action shall be <br /> a time and materials compensation. (Development Title Section 9-1415.3[t]) <br /> u. HAUL ROUTES: Haul Routes for the project are defined in Section 3, Project Description, of the <br /> Final Environmental Impact Report (SCH#2008012057). Brandt Road between Clements Road and <br /> State Route Highway 12/88 shall not be used as a haul route to avoid truck related impacts to land <br /> uses along this portion of Brandt Road. The project applicant shall also supply the truck operators <br /> with a notice of the designated haul routes and include additional on-site signage at the entrance/exit <br /> of the project site informing the truck operators of the haul access routes excluding Brandt Road <br /> between Clements Road and State Route Highway 12/88. <br /> v. MITIGATION MONITORING PROGRAM: The applicant shall comply with the attached <br /> Mitigation Monitoring and Reporting Program dated November 5, 2013 for the duration of mining <br /> in the expansion area. All other Mitigation Measures and Monitoring for RMA 1 through 5 <br /> identified in Final Environmental Impact Report (SCH# 94102007) shall apply until Final <br /> Reclamation is completed for these areas. Also, the applicant shall comply with following <br /> 1) Not less than 30 days nor more than 60 days prior to the first anniversary date of this <br /> approval, and each anniversary date thereafter, the applicant shall submit to the Community <br /> Development Department a letter setting forth the applicant's good faith compliance with the <br /> terms and conditions of the Mitigation Monitoring and Reporting Program dated November 5, <br /> 2013. <br /> 2) Community Development Department staff will visit the site annually and all costs incurred by <br /> the Community Development Department for the annual monitoring and the annual review <br /> shall be borne by the applicant. The costs may include costs of Community Development <br /> Department staff and administrative time and direct out-of-pocket costs and expenses, <br /> including costs of consultants and non-department personnel. Community Development <br /> Department staff time may include overhead costs and will be consistent with Department <br /> policy. <br /> w. QX-94-0002 TREE REPLACEMENT: The operator shall compensate for the loss of Native Oaks <br /> and Heritage Oaks pursuant to Development Title Section 9-1505.4 and subject to the guidelines <br /> and requirements specified in Chapter 4.2 of the Final Environmental Impact Report (SCH# <br /> 94102007) for RMA 1 through 5. This condition shall apply until Final Reclamation is completed <br /> for these areas. <br />