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(1) Pursuant to Section 9-1510.5 of the San Joaquin County Development Title, this area is designated as a natural open space for riparian habitat and waterway protection. No development other than water dependent uses shall be permitted in this space. u. CULTURAL RESOURCES: If prehistoric archeological materials such as shell, bone, and stone artifacts of historic era cultural materials such as glass ceramics, rusted metal, and fragmented wood are found, work in the immediate vicinity of the find(s) shall immediately cease. A qualified archaeologist shall be retained to evaluate the find(s) and propose recommendations as appropriate. The discovery of prehistoric archeological materials might be encountered anywhere on the project area up to depths of 20 feet below the surface. Historic era materials would likely be found in the southwestern comer of the project area. If human remains or bones of any type are found, the stipulations set forth in Section 15064.5 of the CEQA Guidelines shall be followed. Work shall cease in the area of the find(s) until qualified individuals (County Coroner by law, in practice a qualified archaeologist or forensic anthropologist working with the local Indian community) have determined that the bone is human and archaeological in nature. If the bone is human and archaeological, the project applicant shall consult with a with a qualified archaeologist and a representative of the North Valley Yokuts group in order to ascertain appropriate treatment of the find(s). 2. DEPARTMENT OF PUBLIC WORKS (Staff Contact Gabriel Karam, 468-3000) a. The excavation plan shall be prepared by a Registered Civil Engineer and shall include the following: (1) A detail of the access road (the first 100 feet from Mackville Road shall be paved). (2) The final grading plan/drainage provision. (3) The boundaries and quantities of excavation of each phase and direction of excavation. (4) The stockpile area for topsoil. (5) Haul route. b. The loads on all public roads shall be restricted to legal loads only. (Street and Highway Title Section 10-2350) c. A video tape of road conditions along the haul route, including, but not limited to, Mackville Road from the entrance is required prior to the start of excavation. The condition of Mackville Road and along the haul route shall be reviewed with the Department of Public Works prior to the start of excavation and prior to the beginning of each phase. d. A cash deposit or security, adjusted every five years, in the amount and form acceptable to Public Works shall be filed with the department with a guarantee that if the permittee fails, refuses, or neglects to repair, under permit, any damages to any County roads along the haul route which may result from the permittee's operation, Public Works may do the work necessary to restore County roads along the haul route to equal or better than original conditions, using the funds from said cash deposit or security. (Development Title Section 9-854.3) e. A Maintenance Agreement to ensure that Mackville Road and other roads along the haul route are maintained to a condition acceptable to San Joaquin County shall be executed by the applicant. The Maintenance Agreement shall be renewed every five years. Conditions of Approval - 5 - QX-99-2