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q. ENFORCEMENT: Except as otherwise provided in State Mining Regulations, the County shall have authority to enforce provisions of the Surface Mining and Reclamation Act. The County may exercise all enforcement regulations available under the County Development Title and the State Public Resources Code. Such enforcement measures include charging the applicant the costs of administering an enforcement action. The basis for charging fees for an enforcement action shall be a time and materials compensation. (Development Title Section 9-1415.3[t]) r. BIOLOGICAL: The project shall comply with the "Biological Resources, Impacts, and Mitigations Analysis Granite Construction Company Tracy Facility Expansion Project" and the "Tracy Expansion Project (QX-99-1) San Joaquin Kit Fox Mitigation Plan," dated January 27, 1999, and June 29, 1999, respectively,prepared by Monk&Associates. s. FLOODING/DRAINAGE: The project site is within the boundaries of the 100-year flood elevation. The flood zone is A7, and the flood elevation ranges from 226 to 240 NGVD. The project will construct berms to protect the site from the 100-year flood. The berms will be constructed to an elevation of 240 NGVD. Additionally, the Regional Water Quality Control Board will require certification or waiver of water quality pursuant to Section 401 of the Clean Water Act.. A Notice of Intent and Storm Water Pollution Prevention Plan will be required pursuant to Section 402 of the Clean Water Act. The DFG will require a streambed alteration permit. These permits may also be required for construction of the flood protection berms. All storm drainage from the project will remain on the site. t. CULTURAL RESOURCES: The excavator shall cease all construction and excavation work immediately upon the discovery of cultural resource materials. Such work shall cease until the excavator has complied with the requirements of Appendix K of the CEQA Guidelines. u. NOISE: The excavator shall implement the following measures to reduce the impacts 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. v. LANDSCAPING AND SCREENING: A Landscaping/Screening Plan shall be submitted to the Director for approval prior to initiation of the approved excavation. (Development Title Section 9- 1415.3[m]) w. REPORT OF WASTE DISCHARGE: Submit a Report of Waste Discharge(RWD)to the California Regional Water Quality Control Board 180 days prior to the start of any activity on the site. x. 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 PUBLIC WORKS (Staff Contact: Gabe Karam, 468-3023) a. The excavation plan shall be prepared by a Registered Civil Engineer and shall include the following: (1) A detail of the access road (the first 100 feet from Tracy Boulevard shall be paved). (2) A detail of the Corral Hollow Creek crossing (any work in the Creek shall require approval by the San Joaquin County Flood Control and the Water Conservation District, or a State Reclamation Board Permit.) Conditions of Approval -4 - QX-99-1