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q. PERFORMANCE GUARANTEE: In order to ensure reclamation of the site, compliance with conditions of approval, and compliance with County and state mining regulations, the applicant shall provide performance guarantees as a condition of the issuance of the Quarry Excavation Permit. The amount and form of the guarantee shall be subject to 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 the amount of disturbed land plus the amount of land estimated to be disturbed 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[r]) 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. REGIONAL WATER QUALITY CONTROL BOARD: The applicant shall contact the Regional Water Quality Control Board and obtain all required permits should excavation encounter ground water and prior to pumping of excess storm water to the Mokelumne River, if required. t. RIPARIAN HABITAT: Parallel to the Mokelumne River, a natural open space area for riparian habitat and waterway protection shall be maintained to provide nesting and foraging habitat and the protection of waterway quality. The minimum width of said open space shall be one-hundred (100) feet, measured from the mean high water level of the natural bank or fifty (50) feet back from the existing riparian habitat, whichever is greater. Water-dependent uses may be permitted in this buffer. The mean high water level and the edge of the riparian habitat shall be shown on the Site Plan. The open space buffer required above shall be shown on the Site Plans with the following note: Conditions of Approval - 4 - OX-99-2