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1 x - guarantee includes the amount of disturbed land plus the amount of land estimated to be disturbed during the ne, d 12 months, less the amount of land previously determined by Development Services Division ann6al inspection to have been reclaimed. The performance guarantee shall be in the form of either: 1)?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 account. The financial guarantee shall be payable to°Stan 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: E y' (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)—T ee eranses ccurre --r-ci-rh;irF-thf--opirvion—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. (6) In any in that the County or State makes the demand for partial orJull 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 L to recover its administrative'costs associated therewith;; (Development Title Section 9-1410.3[p]) p. ENFORCEMENT: Except as otherwise provided in State Mining .Regulations, the-county shall have authority to jnforce 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 administeringan enforcement action. The basis for charging fees for an enforcement action shall be a time and m4terials compensation. (Development Title Section 9-1410.3[q]) 2. DEPARTMENT OF PUBLIC WORKS (Staff contact: Alex Chetley, 209-468-3000) 3. ENVIRONMENI6L HEALTH DEPARTMENT(Staff contact Michael F. Escotto, 209-468-3441) INFORMATIONAL ONLY: Reclamation District No. 684 (Staff contact: Dante John Nomellini, 209-465-5883) I i 4 Conditions of Approvpl -3- PA0 000095 - i I