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(2) The removal of any Heritage Oak Tree, Native Oak Tree, or Historical Tree shall not be permitted. (DevelopmentTitle Section 9-1505.3) k. RIPARIAN HABITAT: Parallel to French Camp Slough, a natural open space area for riparian habitat and waterway protection shall be maintained to provide nesting and foraging habitat and the protection of waterway quality, No new development shall occur in this protected area. The minimum width of said open space shall be one-hundred (100) feet, measured from the mean high water level of the natural bank or fifty (50)feet back from the existing riparian habitat, whichever is greater. Water-dependent uses may be permitted in this buffer.The mean high water level and the edge of the riparian habitat shall be shown on the Site Plan, The open space buffer required above shall be shown on the Site Plans with the following note: (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 new development other than water dependent uses shall be permitted in this space. (2) During any and all construction activities,a barricade shall be erected to protect the riparian habitat buffer area from any encroachment. 1. CULTURAL RESOURCES: If, in the course of development,concentrations of prehistoric or historic-period materials are encountered,all work in the vicinity of the find shall halt until an archaeologist can evaluate the materials and make recommendations for further action. If human remains are encountered,all work shall halt in the vicinity and the County Coroner shall be notified immediately. At the same time, a qualified archaeologist shall be contacted to evaluate the finds. If human burials are found to be of Native American origin,steps shall be taken pursuant to Appendix K of the California Environmental Quality Act_ 2. CALIFORNIA DEPARTMENT OF FISH AND GAME (Staff Contact: Dan Gifford, 369-8851. Please see letter dated November 16, 1998) a. A no -development buffer shall be established along French Camp Slough. The buffer shall extend 100 feet beyond the bank of French Camp Slough. The buffer shall extend beyond this recommended distance if necessary to protect any on-site riparian or wetland habitat. Additionally,the following restriction should apply to the buffer area: (1) No fill shall be placed within the buffer either during or after construction. (2) Grading is prohibited within the buffer. (3) All vegetation within the buffer is to be protected during construction. b. If any construction is going to occur during the period of March 1 through September 15, a survey of the site shall be conducted to disclose the presence of any active Swainson's Hawk nest sites. If an active nest site is located on or adjacent to the project site,the project applicant shall be required to avoid disturbance to the site based on measures contained in the DFG's Staff Report regarding mitigation for impacts to Swainson's Hawks in the Central Vailey of California. Conditions of Approval - 3 - SA-98-67