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an irrevocable letter of credit. Any interest accrued in a trust fund shall stay with the trust <br /> fund account. The financial guarantee shall be payable to "San Joaquin County or the <br /> Department of Conservation" under the applicable provisions of the County and the state <br /> mining regulations. The financial guarantee shall be callable by the County or the State <br /> under the following circumstances: <br /> (1) The applicant causes the excavation to become idle (as defined in Section 9-110 of <br /> 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 that <br /> the applicant has not maintained substantial compliance with the approved Permit, <br /> (4) There arises an occurrence or circumstance which, in the opinion of the County or <br /> State, jeopardizes the site reclamation, or <br /> (5) The State makes one or more of the findings specified in Section 2774.4(a) of the <br /> State Public Resources Code. <br /> (6) In any instance that the County or State makes the demand for partial or full tender of <br /> the financial guarantee of performance, the County and/or state may use all or any <br /> portion of the financial guarantee to reclaim the site and to recover its administrative <br /> costs associated therewith. (Development Title Section 9-1415.3[r]) <br /> P) ENFORCEMENT: Except as otherwise provided in State Mining Regulations, the County <br /> shall have authority to enforce provisions of the Surface Mining and Reclamation Act. The <br /> County may exercise all enforcement regulations available under the County Development <br /> Title and the State Public Resources Code. Such enforcement measures include charging <br /> the applicant the costs of administering an enforcement action. The basis for charging <br /> fees for an enforcement action shall be a time and materials compensation. (Development <br /> Title Section 9-1415.3[t]) <br /> q) GROUNDWATER CONDITIONS: Excavation below groundwater level is not permitted. <br /> r) NOISE: The operator shall implement the following measures to reduce the impact of <br /> construction related noise: <br /> (1) All existing and future residences shall have adequate (approximately eight feet tall <br /> with 2:1 slope) berm placement to prevent line of sight to the quarry. Line of Sight <br /> graphics shall be included with the Improvement Plan. <br /> s) RECLAMATION: The site shall be reclaimed to an agricultural use. <br /> LM:vb <br /> PA-0200370 <br /> Attachments <br /> r (i90rOe Reed <br />