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h. REPLACEMENT OF TOPSOIL: The topsoil shall be set aside, and upon completion of an excavation, the topsoil shall be replaced and the site leveled in conformance with the excavation permit. (Development Title Section 9-1415.3[g]) 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 9-1415.3[h]) SETBACKS:, No excavation shall take place within twenty-five (25) feet of any property line or right- of-way (Development Title Section 9-1415.3[j]) k. TEMPORARY CUT SLOPES AT SETBACK LINES: The temporary cut slope shall not exceed two (2) feet horizontal to one (1) foot vertical. I FINAL SLOPES: Final slopes shall not exceed two (2) feet horizontal to one (1) foot vertical. A slope stability analysis shall be prepared which takes into account that the final fill slope is being placed over a cut slope. The minimum slope stability factors shall comply with requirements of Development Title Section 9-1415.3(k)(4). m. EXCAVATION/RECLAMATION SCHEDULE: The reclamation plan shall show the phases of excavation. Reclamation of the phase of an excavation shall be initiated prior to the start of the next excavation phase The final reclamation of any phase of excavation shall be completed within two years of the commencement of the reclamation process. Excavation shall be limited so that at any point of timei a maximum of one phase is being reclaimed while one phase is being excavated (Development Title Section 9-1415.3[0]) n. TIME LIMITATION: The Quarry Excavation Permit shall remain in effect as long as the excavation continues in ,compliance with the approved Permit but not longer than the end of year 2088 2023. (Development Title Section 9-1415.3[p]) o. 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 mine operator. Additional inspections may be conducted, but the cost of additional inspections shall be paid for by the mine operator only if non-compliance with the conditions of. the Quarry Excavation Permit or the reclamation plan is found. (Development Title Section 9-1415.3[q]) p. 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 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 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 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 stav with the trust fund account. The financial guarantee shall be payable to "San Joaquin County or the Department of Conservation” under the applicable Revised Conditions - 2 - QX-98-0001