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( 2 ) The applicant files for bankruptcy ; <br /> ( 3 ) The County or State determines on the basis of annual inspections and reports that the applicant <br /> has not maintained substantial compliance with the approved Permit ; <br /> ( 4 ) There arises an occurrence or circumstance which , in the opinion of the County or State , <br /> jeopardizes the site reclamation ; or <br /> ( 5 ) The State makes one or more of the findings specified in Section 2774 . 4 ( a ) of the State Public <br /> Resources Code <br /> In any instance that the County or State makes the demand for partial or full tender of the financial <br /> guarantee of performance , the County and /or State may use all or any portion of the financial <br /> guarantee to reclaim the site and to recover its administrative costs associated therewith . <br /> ( Development Title Section 9 - 1415 . 3 [ r] ) <br /> q . GROUNDWATER CONDITIONS : The excavation shall not extend below the groundwater . <br /> ( Development Title Section 9 - 1415 . 3 [ u ] ) <br /> r . ENFORCEMENT : Except as otherwise provided in State Mining Regulations , the County shall have <br /> authority to enforce provisions of the Surface Mining and Reclamation Act . The County may exercise <br /> all enforcement regulations available under the County Development Title and the State Public <br /> Resources Code . Such enforcement measures include charging the applicant the costs of <br /> administering an enforcement action . The basis for charging fees for an enforcement action shall be <br /> a time and materials compensation . ( Development Title Section 9 - 1415 . 3 [t] ) <br /> s . NOISE MITIGATION : The applicant shall comply with the following : <br /> ( 1 ) Retain a 300 foot setback from all property lines nearest to residential receptors for all loading <br /> and central activities related to excavation as shown on the site plan dated September 23 , 2004 <br /> prepared by D . E . E . M . Shiningtree Environmental Services and Earth Sciences <br /> ( 2 ) Construct a 8 foot earthern berm along the northern , northeastern , and southeastern property <br /> lines as shown on the site plan dated September 23 , 2004 , prepared by D . E . E . M . Shiningtree <br /> Environmental Services and Earth Sciences . <br /> t . RECLAMATION : The Site shall be reclaimed to an agricultural use as required by the approved <br /> reclamation plan dated March 16 , 2017 . <br /> 2 . DEPARTMENT OF PUBLIC WORKS ( Staff Contact : [209 ] 468 - 3000 ) <br /> a . The excavation plan shall be prepared by a Registered Civil Engineer or Land Surveyor and include <br /> the following : <br /> ( 1 ) Detail of access road ( first 100 feet from Santa Fe Road shall be paved <br /> ( 2 ) A plan of the haul route for County roads . <br /> ( 3 ) Stockpile area for top soil ( no excavation or stockpile shall be allowed within 25 feet of the property <br /> boundary or the County planned right- of - way ) . <br /> ( 4 ) Public roads shall be kept free from mud , dirt , and gravel resulting from quarry operations . <br /> b . All private roads involved in an excavation shall be maintained so as to control dust . <br /> PA - 0400250 — Conditions of Approval 4 <br />