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watershed protection if any are relevant or impacted and any geologic <br />assessments required by various governmental entities. Owner shall also <br />prepare and implement a stormwater pollution prevention plan in compliance <br />with the TCEQ's Texas Pollution Discharge Elimination System stormwater <br />general permit, or the National Pollution Discharge Elimination System general <br />permit, for construction related stormwater discharges. Finally, Owner will seek <br />to ensure that the Project will not jeopardize the continued existence of listed <br />endangered species or destroy or adversely modify their critical habitat in <br />accordance with the federal Endangered Species Act, if any. <br />Development of the property shall be governed by the following: <br />1. Chapter 5 of the San Marcos Land Development Code for environmental <br />regulations as adopted on March 4, 2014. <br />2. San Marcos Storm Water Technical Manual, as adopted on March 4, 2014 <br />a. Including the San Marcos Green Infrastructure Low Impact <br />Development (LID) Guidance Manual. <br />b. Provided, however; Owner is not required to comply with Sections <br />5.1.1.2(e), (f) and (g). <br />3. The parties recognize that the Project is not located within the Edwards <br />Aquifer Recharge or Contributing Zone and Sections 1 and 2 above shall <br />not apply if the requirements exceed TCEQ Edwards Aquifer Standards. <br />The development will comply with all drought restrictions within the City of Kyle <br />Code of Ordinances. <br />D. Third Party Inspections: <br />a. Environmental & Erosion Control: All erosion and sedimentation controls <br />shall be monitored and maintained at all times during the construction <br />process, and shall be inspected on an appropriate frequency by a <br />qualified, third -party engineering inspector, as approved by the City, and <br />results shall be provided to the City following each inspection. <br />b. Building Inspections: Unless an alternative is mutually agreed upon by the <br />City and owner, the plan review and building inspections conducted during <br />the permitting process and through receipt of certificate of occupancy shall <br />be conducted by a qualified, third -party inspection service, as approved by <br />the City, and results shall be provided in the MyPermitNow system to the <br />City following each inspection. <br />1.06 Special Standards <br />The Parties agree that the development shall be governed by the standards <br />developed and adopted in the Regulating Plan pursuant to SmartCode and Land <br />Development Code, as applicable, as these codes exist on the effective date of <br />