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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]) t. 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]) u. GROUNDWATER CONDITIONS: The excavation shall not extend below the groundwater. (Development Title Section 9-1415.3[u]) 2. DEPARTMENT OF PUBLIC WORKS(Staff Contact: Gabe Karam, 468-3000) a. The excavation plan shall be prepared by a Registered Civil Engineer or Land Surveyor and include the following: (1) Stockpile area for topsoil. (No excavation or stockpile shall be allowed within 25 feet of the property boundary or the County right-of-way.) (2) 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. c. Loads on all public roads shall be required to be legal loads only. (Street and Highway Title Section 10-2350) d. An encroachment permit shall be required for work within the road right-of-way. (Development Title Sections 9-1145.4 and 9-1145.5) e. A cash deposit or security, adjusted every five years, in the amount and form acceptable to the Department of Public Works, shall be filed with the Department with a guarantee that if the permittee fails, refuses, or neglects to repair, under permit, any damages to any County roads along the access route which may result from the permittee's operation, Public Works may do the work necessary to restore County roads along the access route to equal or better than original condition, using the funds from said cash deposit or security. (Development Title Section 9-854.3) f. A Maintenance Agreement to ensure that the haul route along the County maintained roads are maintained to a condition acceptable to San Joaquin County shall be executed by the applicant. The Maintenance Agreement shall be renewed every five years. g. The Traffic Impact Mitigation Fee may be required for this development. The fee is due and payable at the time of building permit application. The fee currently is$164.86 per trip-end in the Lockeford area. The fee shall be automatically adjusted July 1 of each year by the Engineering Construction Cost Index as published by the Engineering News Record. The number of trip-ends may be determined by a proportion to the length in time of the excavation operation. (Resolution R- 00-433) San Joaquin County PA-02-1821Reed Community Development Page 9