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r. 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 operfion 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 mine operator. Additional inspections may be conducted, but the cost of additionalanspections shall be paid for by the mine operator only if non-compliance with the conditions of. he Quarry Excavation Permit or the reclamation plan is found. (Development Title Section 9-1415.3[q]) s. PERFORMANCE GUARANTEE: In order to ensure reclamation of the site, compliance with conditions of:opproval, and compliance with County and State mining regulations, the applicant shall provide perf6i.mance guarantees as a condition of the issuance of the Quarry 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 adequatile,to ensure reclamation of disturbed land and/or land to be disturb'd 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 inludes 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's 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 fund account. The financial guarantee s1ell be payable to"San 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: (1) The appl4eant causes the excavation to become idle(as defined in Section 9-1,10 of the Development Title)without an approved interim management plan; (2) The app" ant files for bankruptcy; (3) The County or State determines on the basis of annual inspections and reports that the applicant has not r> aintained substantial compliance with the approved Permit; (4) There a?h;es an occurrence or circumstance which, in the opinion 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 In any instance that the County or State makes the demand for partial or full tender of the financial guarantee of;performance, the County and/or State may use all or any portion of the financial guarantee t' reclaim the site and to recover its administrative costs associated therewith. (Development Title Section 9-1415.3[r]) t. ENFORCEMENT: Except as otherwise provided in State Mining Regulations, the County shall have authority to 'enforce 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 administerin%an enforcement action. The basis for charging fees for an enforcement action shall be a time and niiaterials compensation. (Development Title Section 9-1415.3[t]) San Joaquin County'.:;_ PA-0200182/Reed Community Development Page 9 �r W