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(4) Have an average elevation of the natural of no less than the average elevation of the natural grade of the surrounding land. The average elevation of the natural or existing grade shall be the average elevation of all land 100 feet from the perimeter of the proposed excavation, excluding any portion of the perimeter adjacent to a river, river -bank, levee, public road, railroad, canal, pipeline, or other similar uses or rights-of-way. f. EROSION CONTROL: Protective vegetative planting, silt screen dams, or other approved methods shall be required where necessary for the control of erosion. An erosion and sediment control plan approved by Development Services Division shall be part of the reclamation plan. (Development Title Section 9-1410.3[m]) g. HOURS OF OPERATION: Excavation operations shall not be carried on during the hours from 9:00 p.m. and 5:00 a.m. (Development Title Section 9-1410.3(d)). h. LIGHTING: Any night lighting established on the property shall be arranged and controlled so as not to illuminate public right-of-way or adjacent properties. (Development Title Section 9-1410.3(e) i. EMISSIONS: All emissions shall be subject to the rules and regulations of the San Joaquin Valley Air Pollution Control District. (Development Title Section 9-1410.3 (f) j. WEED CONTROL: If noxious weeds are on the site, operations shall be in accordance with instructions from the Agricultural Commissioner of San Joaquin County. (Development Title Section 9-1410.3[h]) k. HEALTH CONSIDERATIONS: Excavations shall not cause health or sanitary hazards and shall not create conditions which will cause the breeding or increase of mosquito's, rodents, or other pests. (Development Title Section 9-1410.3(i) I. COMMENCEMENT OF WORK: A written notification of work schedules shall be provided to the County by the applicant prior to initiating any grading or excavation. (Development Title Section 9-1410,30) m. CERTIFICATION OF COMPLIANCE: At the completion of the grading, the applicant shall have a registered civil engineer or licensed surveyor compare the excavation's final elevations with the approved permit. The engineer or surveyor shall submit a certified, written finding to the Building Official which states and documents the compliance or noncompliance of the excavation with the approved permit. (Development Title Section 9-1410.3(k) n. 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 9-1410.3[n]) o. TIME LIMITATION: The Agricultural Excavation Permit shall expire 3 years from the date of approval as indicated on the reclamation plan dated March 11, 2007. p. 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. The consultant shall be selected by San Joaquin County. 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 Conditions of Approval - 2 - PA -0700113