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Approval of the Draft Master Plan should be contingent on subsequent revisions necessary to comply with San Joaquin County General Plan 2010 policies regarding habitat protection and any possible — requirements of jurisdictional agencies,pursuant to the provisions of the state and federal Endangered Species Acts. If required by jurisdictional agencies, an incidental take permit and a Habitat Management Agreement for San Joaquin kit fox should be obtained by the project applicant,or by subsequent applicants for other specific plans within the project,or by subsequent applicants of individual Tentative Maps. A copy of any and all fully executed permits and/or management agreements should be submitted to the San Joaquin County Community Development Department prior to the issuance of any Development Permit, construction permits, or building permits, or initiation of any improvements such as construction of water or wastewater treatment plants,whichever occurs fust. (b) The Draft Master Plan provisions regarding kit fox should be revised to reflect the position of jurisdictional agencies and the likelihood that an incidental take permit would be required from the — USFWS and a Habitat Management Agreement would be required from the DFG before grading or other modifications to the site would be allowed. Revisions should be made to the relevant discussion, assumptions,policies,and implementation measures in section 7.3.3 of the Draft Master Plan and"The — San Joaquin Kit Fox Report"contained in Appendix 7-D to reflect these likely requirements. These should include the following: • Revise Assumption 7.3.3-1 b)of the Draft Master Plan, and Policy a)and Implementation(a) for Objective 3 of Biological Resource Management section(Appendix C)to reflect that compensation for loss of suitable kit fox habitat could include off-site mitigation and/or other requirements to comply with the provisions of Section 10(a)of the Federal Endangered Species Act and Section 2081 of the State Fish and Game Code. • Revise Implementation(a)for Objective 3 of Biological Resource Management section(Appendix C) to indicate that the proposed"Kit Fox Pre-construction and Construction Protocol"contained in Appendix 7-F should be reviewed and meet with the approval of the USFWS and the DFG, and that these protocol shall apply until jurisdictional agencies determine that their implementation is no — longer required to prevent harm or injury to kit fox. A copy of the revised protocol should be submitted to the San Joaquin County Community Development Department, together with the written approval of jurisdictional agencies,prior to issuance of any construction permit or initiation of site _ improvements,whichever comes first. (c) The proposed"Kit Fox Pre-construction and Construction Protocol"contained in Appendix 7-F of the Draft Master Plan should be revised to provide greater consistency with the preconstruction,construction, and operational recommendations specified in the survey report by BioSystems(1992),and at minimum should meet the"Standardized Recommendations of the Protection of the San Joaquin Kit Fox"(USFWS 1989). This should include the following: — Revise Pre-construction Protocol Measure I to adjust the pre-construction survey period from"six(6) months"to"within 60 days"prior to initiation of any construction activity, and to include the — USFWS in the required notification of survey results within two weeks of completing a survey. • Revise Pre-construction Protocol Measure 2 to include treatment of both known and"potential"kit _ fox dens encountered during pre-construction surveys. This should include provisions related to monitoring of den status(Measure 2a),den destruction(Measure 2b),and establishment of a protective exclusion zone if the potential den would not be destroyed by grading or other _ development activities(Measure 2e). EDAW College Park at Mountain House Specific Plan III Draft EIR Biological Resources 4.10-18 San Joaquin County