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Division's 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. (Develop mentTitle Section 9-1415.3[r]) q. 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. (DevelopmentTitle Section 9-1415.3[t]) r. GROUNDWATER CONDITIONS: An evaluation of the impact of resource extraction on groundwater conditions shall be required.(Development Title Section 9-1415.3[u]) s. CULTURAL RESOURCES: If, in the course of development, concentrations of prehistoric or historic-period materials are encountered, all work in the vicinity of the find shall halt until an archaeologist can evaluate the materials and make recommendations for further action. If human remains are encountered,all work shall halt in the vicinity,and the County Coroner shall be notified immediately. At the same time, a qualified archaeologist shall be contacted to evaluate the finds. If human burials are found to be of Native American origin, steps shall be taken pursuant to Section 15064.5(e)of Guidelines for California Environmental Quality Act. t. SWAINSON'S HAWK AND BURROWING OWL MITIGATION: The following mitigation measures shall be required: (1) Pre-construction survey for nesting Swainson's hawks within 0.25 miles of the project site boundaries shall be conducted prior to construction if construction is scheduled to occur between March 1 through September 15. In the event that nesting Swainson's hawks are located, take avoidance measures shall be undertaken as described in CDFG's Staff Report regarding Mitigation for Impacts to Swainson's Hawks (CDFG, 1995). QX-00-1\Roorda San Joaquin County Page 9 Community Development