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provisions of the County and the state mining regulations. <br /> q. GROUNDWATER CONDITIONS: The excavation shall not extend to depths below the <br /> groundwater.level of the uppermost aquifer. (Development Title Section 9-1415.3[u]) <br /> r. BIOLOGICAL: The existing 36-inch-diameter oak tree and the Elderberry bushes shall be fenced <br /> and protected. Also, the western spade foot toad shall be protected as required by United States <br /> Fish and Wildlife and State Department of Fish and Game. <br /> s. CULTURAL RESOURCES: Archaeological sites 76-33-1 and 76-33-2 shall be protected from any <br /> disturbance during excavation and rehabilitation activities. In order to keep equipment from <br /> damaging these potentially valuable sites, temporary fencing shall be constructed around the sites <br /> at least 50 feet from the known outer edge of each of the two sites in any area that is potentially <br /> accessible by motorized equipment. The fencing shall remain in place until the rehabilitation of that <br /> area has been completed. If any excavation is planned within this minimum 50-foot buffer, a <br /> qualified archaeologist shall be called in to excavate the site. Such excavation is to be done under <br /> the supervision of the Planning Division and the District Clearinghouse, Stanislaus State University. <br /> t NOISE: The excavator shall implement the following measures to reduce the impact of <br /> construction-related noise: <br /> (1) All equipment shall have sound control devices no less effective than those provided on the <br /> original equipment. No equipment shall have exhaust systems without mufflers. <br /> u. INDEMNIFICATION: The owner shall defend, indemnify, and hold harmless the local agency or its <br /> agent and employees from any claim, action or proceeding against the local agency or its agents, <br /> officers, or employees to attach, set aside, void, or annul an approval of the local agency, advisory <br /> agency, appeal board, or legislative body concerning this Quarry Excavation permit. <br /> 2. DEPARTMENT OF PUBLIC WORKS (Staff Contact: Bill DuBois, 953-7621) <br /> a. The excavation plan shall be prepared by a Registered Civil Engineer and include the following: <br /> (1) Detail of access road (first 100 feet from Peltier Road shall be paved). <br /> (2) Haul route. <br /> (3) Stockpile area for topsoil. <br /> b. Loads on Peltier Road and Tully Road shall be restricted to legal loads only. (Streets and Highway <br /> Title Section 10-2350) <br /> c. A video tape of road conditions on Peltier Road and along the haul route is required prior to the start <br /> of excavation. The condition of Peltier Road and other roads along the haul route shall be reviewed <br /> with the Department of Public Works prior to the start of excavation and every five years thereafter. <br /> (Development Title Section 9-1415.2) <br /> d. An encroachment permit shall be required for work within the road right-of-way. (Development Title <br /> Section 9-1145.4) <br /> Revised Conditions - 3 - QX-98-0001 <br />