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Analysis This is a Quarry Excavation permit application that will supersede Agricultural Excavation Permit No. GX-88-1. The project is for approximately 45 acres. Phase 1, which consists of 11 acres, has been excavated and reclaimed. It is proposed that Phases 2, 3, and 4 be excavated over a period of 10 years. The total amount of material to be removed is approximately 1,000,000 cubic yards. The purpose of the excavation is to remove a large mound and thereby make the property more farmable. Background This project was approved by the Board of Zoning Adjustment as Excavation Permit No. EP-76-6. This permit was to remove approximately 1.8 million cubic yards and, as stated previously, was for the purpose of lowering the elevation of the hill to match the surrounding field grades. This project was approved on December 9, 1976, for a period of five years. This permit was replaced by Excavation Permit No. 82-3, also approved by the Board of Zoning Adjustment on August 12, 1982, for a period of five years. On March 31, 1988, the Planning Division approved Agricultural Grading Excavation Permit No. GX-88-1, which was valid until April 11, 1998. The State Department of Conservation has advised staff that the farm exemption previously provided under Public Resources Code Section 2714(d) for farming excavations is no longer applicable because the excavation from this property is in excess of 1,000 cubic yards and is for commercial purposes. This provision became effective on October 18, 1997, and is codified in California Code of Regulations (CCR) Section 3505(a)(3). Therefore, in lieu of the applicant filing for a Revision of Approved Actions to grant more time to complete the excavation, this project is being converted to a Quarry Excavation Permit. It is estimated that it will take approximately ten years to complete the excavation of the site. General Plan and Zoninq The General Plan for the property is Agriculture. The zone is AG-40 (Agriculture, 40-acre minimum parcel size). Biological A field review of the site by the Department of Fish and Game and U. S. Fish and Wildlife Service personnel located valley elderberry bushes at the site. The location of the valley elderberry bushes has been noted on the excavation/reclamation plan. The applicant has stated that it is their intent to preserve these bushes. Therefore, Conditions of Approval have been developed to ensure their protection. Cultural Resources A field reconnaissance in 1974 revealed the presence of an archaeological site. In June 1976, Archaeological Resources Service rade a field investigation of the site and prepared a report. Two sites, identified as 76-32-1 and 76-33-2, describe an area that may have been used by the prehistoric Miwok Indians, possibly as a camp. These sites are shown on the excavation/reclamation plan and are currently fenced for their protection and are not intended for excavation. San Joaquin County QX-98-1\Moffat Community Development Page 6