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ORDINANCE 2007- 035 restore the site. (b) Amount. The compliance bond shall be posted in the amount of one thousand dollars ($1,000.00) per acre of project site with a minimum of five thousand dollars ($5.000.00). The restoration bond shall be posted in the amount of one thousand dollars ($1,000.00) per acre of excavation with a minimurn of five thousand dollars ($5.000.00). (c) Phasing. When one phase of twenty (20) acres or less is completed and in conformance with the submitted site plan for reclamation and rehabilitation, and in conformance with this chapter, the compliance and restoration bonds may be transferred to the next phase under the approved plan. More than one phase at a time may be mined concurrently; however, each phase shall be frilly bonded, as required by this chapter. (d). Renewal. Within thirty (30) days preceding bond expiration, a bond renewal or new bond, in a form and amount approved by the community development director and county attorney, must be on file in the community development department. This process shall be continued through the completion of each mining operation. (e) Forfeiture. Upon a finding of noncompliance with this chapter or the approved mining site plan or reclamation -site plan; or failure to renew bonds within thirty (30) days of expiration, the community development director shall notify the permit holder in writing of the noncompliance and the pending forfeiture of the compliance and/or restoration bond. This notice shall also include notice of the appeal process. The compliance bond shall be forfeited for violating the conditions of site plan approval including, but not limited to, unapproved off-site discharge of water, failure to confine hauling to approved hauling routes, failure to maintain hauling route per the approved maintenance plan operating in violation of the safety/security plan, excavating within required setbacks, mining of additional phases prior to restoration of the previous phase, and activity not consistent with permits issued by other jurisdictional agencies. Upon appeal by the applicant, the board of county commissioners may, upon findings of fact, determine that the violation did not occur or was insignificant and may return all or part of the compliance bond. 2. The restoration bond shall be forfeited for violating the conditions of restoration plan approval including, but not limited to, mine abandonment prior to restoration, restoration not completed within the approved time frame, restoration not consistent with water management standards as contained in section 934.05 of this chapter, and restoration activity not consistent with permits issued by other jurisdictional agencies. The county shall use the fund to restore the site in conformance with the approved Bold Italics: Additions to Ordinance StFk,-44wetug4+-. Deleted Text frons Existing Ordinance F:\Connnunity Development\Users\CurDev\ORDINANCE\2007\2007- 934.07 sand mines.RTF