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permits for the project. 13. Biological Resources Effects from Offsite Infrastructure Improvements: For those off- site improvements proposed in San Joaquin County, the developer shall implement Mitigation Measure 4.10-5, 4.10-6, 4.10-7, 4.10-9, and 4.10-10. 14. Endangered Species Act: In carrying out the operations of the Tentative Map, the applicant shall take no action that violates the California Endangered Species Act or the Federal Endangered Species Act. Compliance with said laws shall be the sole responsibility of the applicant and the applicant agrees to indemnify, defend and hold the County harmless from and against any claim or action by affected State agencies, or affected Federal agencies or other third party, as to the project's compliance with said laws. Timing: Improvement Plans prior to Final Maps and ongoing. CULTURAL RESOURCES 15. Damage to Known Cultural Resources: The conditions (see page 4.6-20 and 21 of the FEIR)agreed upon in 2004 by Trimark and the West Side Pioneer Association must be implemented regarding the removal of the existing walnut trees along Grant Line Road (Old Lincoln Highway). [MM 4.6-1] Timing: As part of Improvement Plans to be reviewed and approved by CCD and MHCSD. 16. Unknown Pre-Historic/Historic-Period Resources: If discovery of unknown cultural materials is made during construction, ground-disturbing activities at the construction site where the discovery was made shall be halted. The applicant or construction contractor shall contact the San Joaquin County Community Development Department(SJCCDD) immediately, and a qualified professional archaeologist acceptable to County staff shall be notified and retained by the applicant. The archaeologist shall determine whether the resource represents a "unique archaeological resource"or"historic resource"as defined by CEQA, and shall identify appropriate mitigation. The mitigation could potentially include, but would not necessarily be limited to, avoidance, preservation in place with capping, photo documentation, and/or excavation/curation. [MM 4.6.2) Timing: Note on Improvement Plans and at the time of the find until permission to proceed is granted by CDD. 17. Unknown Human Remains: In accordance with the California Health and Safety Code, if human remains are uncovered during construction at the project site, the applicant or construction contractor shall immediately halt potentially damaging excavation and notify SJCCDD. The County shall, in turn, immediately notify the San Joaquin County coroner of the find. The coroner is required to examine all discoveries of human remains within 48 hours of receiving notice of a discovery on private or state lands (HSC Section 7050.5[b]). If the coroner determines that the remains are those of a Native American, he or she shall contact the Native American Heritage Commission (NAHC) by phone within 24 hours of making that determination (HSC Section 7050[c]). Once a Most Likely Descendent(MLD) has been designated by the NAHC, the MLD, in consultation with the County, shall determine the ultimate disposition of the remains. The responsibilities of the County for acting upon notification of a discovery of Native American human remains are outlined in detail in the PRC Section 5097.9. Measures likely resulting from the above could include preservation in place and capping/avoidance, or removal and continued monitoring of ground-disturbing activities. [MM 4.6-3] Timing: Note on Improvement Plans and at the time of the find until permission to proceed is granted by CDD. 38