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during the next 12 months, less the amount of land previously determined by Development Services Division 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 the 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. 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[s]) q. GROUNDWATER CONDITIONS: The excavation shall not extend below the groundwater. (Development Title Section 9-1415.3[u]) r. 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]) s. NOISE MITIGATION:The applicant shall comply with following: (1) Retain a 300 foot setback from all property lines nearest to residential receptors for all loading and central activities related to excavation as shown on the site plan dated September 23, 2004 prepared by D.E.E.M Shiningtree Environmental Services and Earth Sciences. (2) Construct a 8 foot earthen berm along the northern, northeastern, and southeastern property lines as shown on the site plan dated September 23, 2004, prepared by D.E.E.M Shiningtree Environmental Services and Earth Sciences. t. RECLAMATION: The site shall be reclaimed to an agricultural use as required by the approved reclamation plan dated September 2004. Conditions of Approval -4 - PA-0400250