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d. Low nitrogen oxide (NOx) emitting and/or high efficiency water heaters shall be required <br /> for all dwelling units. <br /> Timing: Prior to issuance of building permits. [SPIII Implementation Measure 10.5.3] <br /> CULTURAL RESOURCES <br /> 41. Damage to Known Cultural Resources: The conditions (see,page 4.6-20 and 21 of the <br /> FEIR)agreed upon in 2004 by Trimark and the West Side Pioneer Association must be <br /> implemented regarding the removal of the existing walnut trees along Grant Line Road (Old <br /> Lincoln Highway). [MM 4.6-1] <br /> Timing: As part of Improvement Plans to be reviewed and approved by CCD and MHCSD. <br /> 42. Unknown Pre-Historic/Historic-Period Resources: If discovery of unknown cultural <br /> materials is made during construction, ground-disturbing activities at the construction site <br /> where the discovery was made shall be halted. The applicant or construction contractor shall <br /> contact the San-Joaquin County Community Development Department(SJCCDD) <br /> immediately, and a qualified professional archaeologist acceptable to County staff shall be <br /> notified and retained by the applicant. The archaeologist shall determine whether the <br /> resource represents a"unique archaeological resource"or"historic resource"as defined by <br /> CEQA, and shall identify appropriate mitigation. The mitigation could potentially include, but <br /> would not necessarily be limited to,-avoidance, preservation in place with capping, photo <br /> documentation, and/or excavationlcuration. [MM 4.6.2) <br /> Timing: Note on improvement Plans and at the time of the find until permission to proceed is <br /> granted by CDD_ <br /> 43. Unknown Human Remains: 1n accordance with the California Health and Safety Code, if <br /> human remains are uncovered during construction at the project site, the applicant or <br /> construction contractor shall immediately Dalt potentially damaging excavation and notify <br /> SJCCDD. The County shall, in turn, immediately notify the San Joaquin County coroner of <br /> the find. The coroner is required to examine all discoveries of human remains within 48 <br /> hours of receiving notice of a discovery on private or state lands (HSC Section 7050.5[b]). If <br /> the coroner determines that the remains are those of a Native American, he or she shall <br /> contact the Native American Heritage Commission (NAHC)by phone within 24 hours of <br /> making that determination (HSC Section 7050[c]). Once a Most Likely Descendent(MLD) <br /> has been designated by the NAHC, the MLD, in consultation with the County, shall determine <br /> the ultimate disposition of the remains. The responsibilities of the County for acting upon <br /> notification of a discovery of Native American human remains are outlined in detail in the <br /> PRC Section 5097.9. Measures likely resulting from the above could include preservation in <br /> place and capping/avoidance, or removal and continued monitoring of ground-disturbing <br /> activities. [MM 4.6-3] <br /> 44. Timing: Note on Improvement Plans and at the time of the find until permission to proceed is <br /> granted by CDD. <br /> MITIGATION MONITORING <br /> 45. Mitigation Monitoring and Reporting Program: The developer shall comply with the College <br /> Park of Mountain House Specific Plan III Mitigation Monitoring and Reporting Program, attached <br /> hereto and made a part of these Conditions of Approval. <br /> 46. Monitoring Agreement: The applicant or the applicant's assignee shall fund the Community <br /> Monitoring and Mitigation Monitoring Programs. The applicant or the applicant's assignee <br /> shall also fund the County's efforts to monitor compliance with the Tentative Map conditions <br /> of approval. [General Plan Community Organization and Development Pattern, Policy 19 <br /> Timing: Ongoing. <br /> f <br /> 13 <br />