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coordinated with the annual inspection and approval of successive reclamation security so that the <br /> guarantee includes the amount of disturbed land plus the amount of land estimated to be disturbed <br /> during the next 12 months, less the amount of land previously determined by Development Services <br /> Division annual inspection to have been reclaimed. The performance guarantee shall be in the form <br /> of either (1) a surety bond, (2) a trust fund with the lead agency, or (3) an irrevocable letter of credit. <br /> Any interest accrued in a trust fund shall stay with the trust fund account. The financial guarantee <br /> shall be payable to "San Joaquin County" or the "Department of Conservation" under the applicable <br /> provisions of the County and the state mining regulations. The financial guarantee shall be callable <br /> by the County or the State under the following circumstances: <br /> (1) The applicant causes the excavation to become idle (as defined in Section 9-110 of the <br /> Development Title)without an approved interim management plan,- <br /> (2) The applicant files for bankruptcy-, <br /> (3) The County or State determines on the basis of annual inspections and reports that the applicant <br /> has not maintained substantial compliance with the approved Permit-, <br /> (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(x) of the State Public <br /> Resources Code. <br /> 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 /> r. 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 /> s. REGIONAL WATER QUALITY CONTROL BOARD: The applicant shall contact the Regional <br /> Water Quality Control Board and obtain all required permits should excavation encounter ground <br /> water and prior to pumping of excess storm water to the Mokelumne River, if required. <br /> t. RIPARIAN HABITAT: Parallel to the Mokelumne River, a natural open space area for riparian <br /> habitat and waterway protection shall be maintained to provide nesting and foraging habitat and the <br /> protection of waterway quality. The minimum width of said open space shall be one-hundred (100) <br /> feet, measured from the mean high water level of the natural bank or fifty (50) feet back from the <br /> existing riparian habitat, whichever is greater. Water-dependent uses may be permitted in this <br /> buffer. The mean high water level and the edge of the riparian habitat shall be shown on the Site <br /> Plan. The open space buffer required above shall be shown on the Site Plans with the following <br /> note: <br /> (1) Pursuant to Section 9-1510.5 of the San Joaquin County Development Title, this area is <br /> designated as a natural open space for riparian habitat and waterway protection. No <br /> development other than water dependent uses shall be permitted in this space. <br /> 4 <br />