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To : Planning Commission <br /> From: Thomas M. Gau <br /> Sub : MS-93-120/121 (Barton) <br /> Date: 1-20-94 <br /> Page: - 7 - <br /> 6. CALIFORNIA DEPARTMENT OF FISH AND GAME: <br /> a. In carrying out the operations of the project, the applicant shall take no action that <br /> violates the provisions of the California Endangered Species Act or any other laws or <br /> regulations pertaining to the protection of the Swainson's hawk. Compliance with said <br /> laws shall be the sole responsibility of the applicant, and the applicant shall agree to <br /> indemnify, defend, and hold the County harmless from and against any claim or action <br /> by affected State agencies as to the project's compliance with said laws. <br /> 7. STATE RECLAMATION BOARD: <br /> a. A Reclamation Board permit shall be required prior to the start of any work, including <br /> excavation and construction activities, within the Stanislaus River Designated Floodway <br /> (California Water Code, Section 8710). <br /> b. The Board does not permit structures for human habitation within a designated floodway. <br /> C. The Board may not permit construction of structures within 30 feet landward from the top <br /> of the river banks or any work within the Stanislaus River Designated Floodway during the <br /> flood season from November 15 to July 20. <br /> 8. COUNTY COUNSEL: <br /> a. Pursuant to Section 66474.9 of the Government Code, the subdivider shall defend, <br /> indemnify, and hold harmless the local agency or its agents, officers, and employees from <br /> any claim, action, or proceeding against the local agency or its agents, officers, or <br /> employees to attack, set aside, void, or annul an approval of the local agency, advisory <br /> agency, appeal board, or legislative body concerning a subdivision, which action is <br /> brought within the time provided for in Section 66499.37 of the Government Code. <br />