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i. SETBACKS: No excavation shall take place within twenty-five(25)feet of any property line or right- of-way (nor within the allowed slopes adjacent to said twenty-five (25) foot setback), unless the elevation prior to excavation is more than that of the abutting property, in which case the elevation within said twenty-five(25) foot setback shall at no time be less than that of the abutting property at the property line. (Development Title Section 9-1415.3[j]) j. SLOPES: The following provisions do not apply to temporary interior cut slopes(i.e.,working slopes that do not fall within any of the criteria listed below). Temporary interior cut slopes shall comply with the Cal OSHA Code of Regulations and/or the Federal OSHA Code of Regulations, as applicable. (Development Title Section 9-1415.3[k]) (1) Temporary Cut Slopes at Setback Lines. Temporary cut slopes(i.e., for limited periods of time, slopes that are in the process of extraction prior to being back-filled)at setback lines shall not exceed two(2)feet horizontal to one(1)foot vertical. (2) Final Slopes. Final cut and/or fill slopes shall not exceed two (2) feet horizontal to one (1) foot vertical. k. FENCING: Fencing four(4)feet in height consisting of not less than three(3)strands of barbed wire, or an approved equivalent, shall be placed around the excavation area where slopes steeper than two(2)feet horizontal to one(1)foot vertical are maintained. I. EXCAVATION/RECLAMATION SCHEDULE: The reclamation plan shall show the phases of excavation. Reclamation on one phase of an excavation shall be initiated prior to the start of the next excavation phase. The final reclamation of any phase of excavation shall be completed within two years of the commencement of the reclamation process. Excavation shall be limited so that at any point of time a maximum of one phase is being reclaimed while one phase is being excavated. (Development Title Section 9-1415.3[0]) m. TIME LIMITATION: The Quarry Excavation Permit shall remain in effect as long as the excavation continues in compliance with the approved Permit. (Development Title Section 9-1415.3(p)) n. ANNUAL INSPECTION REPORTS: Annual inspections of the excavation shall be conducted by the County to ensure compliance with the conditions of the permit and the reclamation plan. The County may use professional services as provided for in Section 9-240.11. San Joaquin County shall select the consultant. Upon completion of the annual inspection, the person in charge of the mining operation shall submit to the State Geologist and the County a report which shall contain all the information as required by Section 2207 of the Public Resources Code. The cost of the inspection shall be paid by the mine operator. Additional inspections may be conducted, but the cost of additional inspections shall be paid for by the mine operator only if non-compliance with the conditions of the Quarry Excavation Permit or the reclamation plan is found. (Development Title Section 9-1415.3[q]) o. 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's annual inspection to have been reclaimed. The performance guarantee shall be in the Conditions of Approval -2 - QX-99-3