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given phase. The annual review of the financial guarantee shall be coordinated with the <br /> annual inspection and approval of successive reclamation security so that the guarantee <br /> includes the amount of land previously determined by Development Services Division's <br /> annual inspection to have been reclaimed. The performance guarantee shall be in the <br /> form of either (1) a surety bond, (2) a trust fund with the lead agency, or (3) an irrevocable <br /> letter of credit. Any interest accrued in a trust fund shall stay with the trust fund account. <br /> The financial guarantee shall be payable to"San Joaquin County or the Department of <br /> Conservation" under the applicable provisions of the County and 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 <br /> be fenced and protected. Also, the western spade foot toad shall be protected as <br /> required by United States Fish and VVldlife and Department of Fish and Game. <br /> S. CULTURAL RESOURCES: Archaeological sites 76-33-1 and 76-33-2 shall be protected <br /> from any disturbance during excavation and rehabilitation activities. In order to keep <br /> equipment from damaging these potentially valuable sites, temporary fencing shall be <br /> constructed around the sites at least 50 feet from the known outer edge of each of the two <br /> sites in any area that is potentially accessible by motorized equipment. The fencing shall <br /> remain in place until the rehabilitation of that area has been completed. If any excavation <br /> is planned within this minimum 50-foot buffer, a qualified archaeologist shall be called in <br /> to excavate the site. Such excavation is to be done under the supervision of the Planning <br /> 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 <br /> provided on the original equipment. No equipment shall have exhaust systems <br /> without mufflers. <br /> U. INDEMNIFICATION: The owner shall defend, indemnify, and hold harmless the local <br /> agency or its agents, officers, and employees from any claim, action, or proceeding <br /> against the local agency or its agents, officers, or employees to attack, set aside, void, or <br /> annual an approval of the local agency, advisory agency, appeal board, or legislative <br /> body concerning this quarry excavation permit. <br /> 2. DEPARTMENT OF PUBLIC WORKS: (Staff Contact: Gabe Karam, 468-3000) <br /> a. The excavation plan shall be prepared by a Registered Civil Engineer and include the <br /> 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. (Street and <br /> Highway Title Section 10-2350) <br /> Conditions of Approval - 3 - QX-98-1 <br />