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g. HOURS OF OPERATION: Excavation operations shall not be carried on during the hours from 9:00 p.m. through 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 rights-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[fJ) 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 9-1410.3[j]) m. CERTIFICATION OF COMPLIANCE: At the completion of the grading of the project site, the applicant shall have a registered civil engineer or licensed surveyor compare the excavation's final elevations with the approved Improvement Plan. 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 Improvement Plan. If the project conforms with the approved Improvement Plan, the Review Authority shall accept the certification and either notify the applicant that the stockpiled material may be removed or release the required performance guarantee. (Development Title Section 9-1410.3[k]) 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. 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 inspection shall be paid by the operator. Additional inspections may be conducted, but the cost of additional inspections shall be paid for by the operator only if non-compliance with the conditions of the Agricultural Excavation Permit or the reclamation plan is found. (Development Title Section 9-1410.3[o]) 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 Agricultural 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 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 account. The financial guarantee shall be payable to "San Joaquin County and 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;