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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 account. The financial guarantee shall be payable to "San Joaquin County and 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 applicant causes the excavation to become idle (as defined in Section 9-110 of the Development Title) without an approved interim management plan; 2. The applicant files for bankruptcy; 3. The County or State determines on the basis of annual inspections and reports that the applicant has not maintained substantial compliance with the approved Permit; 4. There arises 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. 6. 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 9-1410.3[p]) p. 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 9-1410.3[q]) BIOLOGICAL RESOURCES: Pre -construction surveys for Swainson's hawk, burrowing owl, and giant garter snake within 0.5 miles of the site shall be conducted by a qualified biologist prior to any excavation activities between March 1 and September 15. If active habitats are found, a qualified biologist, in consultation with the California Department of Fish and Wildlife (CDFW), shall determine the need for temporal restrictions on construction and additional measures, which shall be implemented by the Permittee and its contractors. Alternatively, the project may choose to participate in the San Joaquin County Multi -Species Habitat Conservation and Open Space Plan (SJMSCP), and implement the measures required by the SJMSCP to protect Swainson's hawk 2. DEPARTMENT OF PUBLIC WORKS (Contact: [209] 468-3000. See attached memo dated May 6, 2019) 3. ENVIRONMENTAL HEALTH DEPARTMENT (Contact: [2091468-3420. See the attached memo dated July 17, 2019) 4. SAN JOAQUIN COUNCIL OF GOVERNMENTS (Contact: [209] 235-0600. See the attached memo dated May 22, 2019) 5. CENTRAL VALLEY REGIONAL WATER QUALITY CONTROL BOARD (Contact: [916] 464-4644. See the attached memo dated December 19, 2018) PA -1800301 — Conditions of Approval