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I Judy Bendix July 31, 2009 Page 2 Based on the above, CSLC staff does not object to the SLDMWA conducting geotechnical borings subject to compliance with all other applicable governmental requirements and the following: 1. The authorization to proceed is made upon the express condition that the. State of California, its officers, agents, and employees shall not be liable and the SLDMWA shall indemnify, hold harmless and, at the option of the State, defend the State, its officers, agents, and employees against and for any and all liability, claims, damages, or injuries of any kind and from any cause, arising out of or connected in any way with the proposed actions. 2. The SLDMWA is responsible for any damage, destruction, or loss occurring to the property of the State, its lessees, or other members of the public. The SLDMWA shall indemnify, defend, and hold harmless.the State for.all such damage, destruction, or loss, or at the option of the State, the SLDMWA shall repair or replace said property to the satisfaction of the State. 3. All property, tools, or equipment taken onto or placed upon the State lands shall remain the property of the SLDMWA and the SLDMWA's contractors. Such property shall be promptly removed upon completion of the project. The State does not accept any responsibility for any damage, including damages to any property, including equipment, tools, or machinery on State lands.. 4. Prior to beginning boring activities on State lands, SLDMWA shall provide copies of permits from other agencies having jurisdiction over the boring activities. 5. The SLDMWA's proposed boring activities and use of State lands shall not interfere or limit the Public Trust rights of the public. Warning signs shall be in place upstream and downstream of the boring sites at all times in order to provide notice to the public of the activities that are taking place and to exercise caution. 6. SLDMWA shall use only those boring sites and the proposed closed system drilling and sampling methods previously submitted by the SLDMWA and reviewed by CSLC staff. The boring activities are subject to the abandonment and spill protocols also reviewed by staff. 7. It is understood that the boring activities may require formal authorization by the CSLC and.this non-objection to proceed is no assurance that such approval will be forthcoming. Additional conditions may be imposed.