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(1) The applicant causes the excavation to become idle (as defined in Section 9- <br /> 110 of the Development Title) without an approved interim management plan, <br /> (2) The applicant files for bankruptcy, <br /> (3) The County or State determines on the basis of annual inspections and reports <br /> that the applicant has not maintained substantial compliance with the approved <br /> Permit; <br /> (4) There arises an occurrence or circumstance which, in the opinion of the County <br /> or State, jeopardizes the site reclamation; or <br /> (5) The State makes one or more of the findings specified in Section 2774.4(a) of <br /> the State Public Resources Code. <br /> In any instance that the County or State makes the demand for partial or full tender <br /> of the financial guarantee of performance, the County and/or state may use all or <br /> any portion of the financial guarantee to reclaim the site and to recover its <br /> administrative costs associated therewith. (Development Title Section 9-1415.3[s]) <br /> q. GROUNDWATER CONDITIONS: The excavation shall not extend below the <br /> groundwater. (Development Title Section 9-1415.3[u]) <br /> r. ENFORCEMENT: Except as otherwise provided in State Mining Regulations, the <br /> County shall have authority to enforce provisions of the Surface Mining and <br /> Reclamation Act. The County may exercise all enforcement regulations available <br /> under the County Development Title and the State Public Resources Code. Such <br /> enforcement measures include charging the applicant the costs of administering an <br /> 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 following: <br /> (1) Retain a 300 foot setback from all property lines nearest to residential <br /> receptors for all loading and central activities related to excavation as shown <br /> on the site plan dated September 23, 2004 prepared by D.E.E.M Shiningtree <br /> Environmental Services and Earth Sciences. <br /> (2) Construct a 8 foot earthen berm along the northern, north eastern and south <br /> eastern property lines as shown on the site plan dated September 23, 2004 <br /> prepared by D.E.E.M Shiningtree Environmental Services and Earth <br /> Sciences. <br /> t. RECLAMATION: The site shall be reclaimed to an agricultural use. <br /> JF:vb <br /> PA-0400250(QX)dgf052505 <br /> Attachments <br /> C: David J. Hendrick, Trust, Etal <br /> George Reed, Inc. <br /> 6 <br />