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(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[r]) 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 the 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 earthern 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 March 16, 2017. 2. DEPARTMENT OF PUBLIC WORKS (Staff Contact: Alex Chetley, [209]468-3000) a. The excavation plan shall be prepared by a Registered Civil Engineer or Land Surveyor and include the following: (1) Detail of access road (first 100 feet from Santa Fe Road shall be paved (2) A plan of the haul route for County roads. (3) Stockpile area for top soil (no excavation or stockpile shall be allowed within 25 feet of the property boundary or the County planned right-of-way). (4) Public roads shall be kept free from mud, dirt, and gravel resulting from quarry operations. b. All private roads involved in an excavation shall be maintained so as to control dust. PA-0400250 Conditions of Approval 4