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U (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 to reclaim the site and to recover its administrative costs associated therewith. (Development Title Section 9-1415.3[r]) s. 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 administering an enforcement action. The basis for charging fees for an enforcement action shall be a time and materials compensation. (Development Title Section 9-1415.3[t]) t. REPORT OF WASTE DISCHARGE: submit a Report of Waste Discharge (RWD) to the California Regional Water Quality Control Board 180 days prior to the start of any activity on site. u. SEISMIC SAFETY: If strong seismic shaking is experienced at the project site as the result of a moderate to large earthquake (M 6 or greater) along the CRSBBZ, the project site shall be inspected by a qualified licensed civil or geotechnical engineer to determine if liquefaction or seismic subsidence has occurred and resulted in visible damage to reclaimed lands. A report, including recommendations to repair any damage that may have occurred, shall be submitted to the Development Services Division for review and approval. Upon approval by the Development i,Services Division, the proponent shall implement the recommendations set forth in the report. v. PROCESSING PONDS: Install two monitoring wells to a depth of ten feet below the invert elevation of the Delta-Mendota Canal. A registered engineer or geologist shall design the monitoring wells. The wells shall be located between the Phase 1 sedimentation ponds and the Delta-Mendota Canal for monitoring of any shallow perched groundwater. The applicant shall monitor water levels quarterly to ensure that if a zone of saturation forms beneath the canal, it does not rise to a level higher than the invert of the canal. The quarterly monitoring reports shall be sent annually to the Development Services Division of the County Community Development Department and recommended corrective actions, if necessary. Such monitoring wells are not required if sedimentation ponds are maintained below the invert elevation of the Delta-Mendota Canal or the California Aqueduct. w. SOIL RECONSTRUCTION PLAN: The applicant shall be required to submit a soil reconstruction plan prepared by a qualified soil scientist which establishes specific procedures for the amendment of soil used for agricultural reclamation at the project site. The plan shall present recommendations for suitable soil texture and the types and application rates of soil amendment products. At a minimum, the upper three feet reconstruction surface soils shall have an organic content of one percent. The plan shall demonstrate that potential migration of amendments to surface water or groundwater shall not result in reduction of water quality. In addition, the plan shall provide for procedures and specifications for a soil fertility and crop productivity monitoring program for test plots within the Phase I mining/reclamation area.