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5 includes the amount of disturbed land plus the amount of land estimated to be disturbed during the next 12 months, less the amount of land previously determined by Development Services Division annual inspection to have been reclaimed. The performance guarantee shall be in the form of either: 1) a surety bond, 2) a trust fund with the lead agency, or 3) an irrevocable letter of credit. Any interest accrued in a trust fund shall stay with the trust fund account. The financial guarantee shall be payable to "San Joaquin County or the Department of Conservation" under the applicable provisions of the County and the state mining regulations.(Development Title Section 9-1415.3[r]) p. GROUNDWATER CONDITIONS: The excavation shall not extend to depths below the groundwater level of the uppermost aquifer. (Development Title Section 9-1415.3[u]) q. CULTURAL RESOURCES: If, in the course of development, concentrations of prehistoric or historic-period materials are encountered, all work in the vicinity of the find shall halt until an archaeologist can evaluate the materials and make recommendations for further action. If human remains are encountered,all work shall halt in the vicinity and the County Coroner shall be notified immediately. At the same time, a qualified archaeologist shall be contacted to evaluate the finds. If Human burials are found to be of Native American origin, steps shall be taken pursuant to the California Environmental Quality Act. r. NOISE: The operator shall implement the following measures to reduce the impact of construction related noise: (1) All equipment shall have sound control devices no less effective than those provided on the original equipment. No equipment shall have exhaust systems without mufflers. s. INDEMNIFICATION: The owner shall defend, indemnify, and hold harmless the local agency or its agents, officers, and employees from any claim, action, or proceeding against the local agency or its agents, officers, or employees to attack, set aside, void, or annul an approval of the local agency, advisory agency, appeal board, or legislative body concerning this Quarry Excavation permit. 2. DEPARTMENT OF WATER RESOURCES (Staff Contact: Carol Birch, Water Resources Technician II (916) 653-5791) a. BOARD PERMIT: A Board permit shall be obtained prior to start of any work, including construction and excavation activities,within the Stanislaus River Designated Floodway. 3. PG&E (Please see letter dated January 10, 2000.) 4. DEPARTMENT OF PUBLIC WORKS (Please see memorandum dated January 24, 2000.) 5. PUBLIC HEALTH SERVICES (Please see memorandum dated January 19, 2000.) KL:vb QX993DC C: Aggregates, Inc.