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-4- <br /> q. GROUNDWATER CONDITIONS: The excavation shall not extend to depths <br /> below the groundwater level of the uppermost aquifer. (Development Title <br /> Section 9-1415.3[u]) <br /> r. BIOLOGICAL: The existing 36" diameter oak tree and Elderberry bushes shall <br /> be fenced and protected. Also, the western spade foot toad shall be protected <br /> as required by United States Fish and Wildlife and Department of Fish and <br /> Game. <br /> S. CULTURAL RESOURCES: Archaeological sites 76-33-1, and 76-33-2 shall be <br /> protected from any disturbance during excavation and rehabilitation activities. <br /> In order to keep equipment from damaging these potentially valuable sites, <br /> temporary fencing shall be constructed around the sites at least 50' from the <br /> 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 <br /> rehabilitation of that area has been completed. If any excavation is planned <br /> within this minimum 50' buffer, a qualified archeologist shall be called in to <br /> excavate the site. Such excavation to be done under the supervision of the <br /> Planning Division and the District Clearinghouse, Stanislaus State University. <br /> t. NOISE: The excavator shall implement the following measures to reduce the <br /> impact of construction-related noise: <br /> (1) All equipment shall have sound control devices no less effective than <br /> those provided on the original equipment. No equipment shall have <br /> exhaust systems without mufflers. <br /> U. INDEMNIFICATION: The owner shall defend, indemnify, and hold harmless the <br /> local agency or its agents, officers, and employees from any claim, action, or <br /> proceeding against the local agency or its agents, officers, or employees to <br /> attack, se aside, void, or annual an approval of the local agency, advisory <br /> agency, appeal board, or legislative body concerning this quarry excavation <br /> permit. <br /> 2. DEPARTMENT OF PUBLIC WORKS: (Staff Contact: Gabe Karam (209) 468-3000) <br /> See attached memo dated May 15, 1998. <br /> 3. PUBLIC HEALTH SERVICES: (Staff Contact: Ted Norgard, (209) 468-3443) <br /> See attached memo dated May 19,1997. <br /> 4. AIR POLLUTION CONTROL: (Staff Contact: Tracy Roemer, (209) 497-1000) <br /> See attached letter dated March 3, 1997. <br /> DEPARTMENT OF CONSERVATION: (Staff Contact: James Pompy, (916) 322-1080) <br /> See attached letter dated May 14, 1998 and staff response dated may 20, 1998. <br />