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(7) The descendants of the deceased Native Americans have made a recommendation to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code Section 5097.98, or (8) The Native American Heritage Commission was unable to identify a descendant or the descendant failed to make a recommendation within 24 hours after being notified by the commission. bb. HAZARDS AND HAZARDOUS MATERIALS (1) 4.11.1: If contaminated soil and/or groundwater are encountered or suspected contamination is encountered during site clearing, construction activities, and mining activities, work shall be halted in the area of concern.The Applicant shall determine the type and extent of the contamination by consulting with the appropriate regulatory agencies(RWQCB, DTSC, and/or the San Joaquin or Stanislaus County Health Department)and implementing any necessary measures, such as soil and/or groundwater sampling and analysis. If required by the regulatory agencies, a remediation plan shall be implemented either in conjunction with or prior to continued project construction and/or mining activities. (2) 4.11.2: The project applicant shall ensure that all contractors and employees immediately control the source of any leak and immediately contain any spill utilizing appropriate spill containment and countermeasures. If required by any regulatory agency, contaminated media shall be collected and disposed of at an offsite facility approved to accept such media. In addition, all precautions required by the RWQCB issued NPDES construction activity storm water permits would be taken to ensure that no hazardous materials enter any nearby waterways. (3) 4.11.4: The silt ponds and the mining pits proposed as a part of the project should be properly designed and maintained so that they do not breed mosquitoes. The design and maintenance of the basins should be done in consultation with the San Joaquin County Mosquito Abatement District and the East Side Mosquito Abatement District in Stanislaus County. cc. VISUAL RESOURCES (1) 4.12.2: Features tall enough to be seen above the visual screening (processing plant, conveyor towers, loading hoppers, etc.) shall be painted in earth tones to minimize their visibility but still must remain visible to air traffic in the area such as crop dusters. 2. DEPARTMENT OF PUBLIC WORKS (Staff Contact: Bill DuBois, 468-3000) a. The excavation plan shall be prepared by a Registered Civil Engineer or Land Surveyor and include the following: (1) Detail of access road (first 100 feet from Koster Road shall be paved). (2) A plan of the export haul routes for County roads. (3) Stockpile area for top soil. No excavation or stockpile shall be allowed within 25 feet of the property boundary or the County right-of-way. b. All private roads involved in an excavation shall be maintained as to control dust. Conditions of Approval - 12 - QX-01-0002