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Timing: The applicant shall submit a biologist's report of pre-construction surveys to the San Joaquin County Community Development Department(CDD)prior to the issuance of grading permits for the project. 34. Conversion of San Joaquin Kit.Fox Habitat:. Because the entire College Park site is located within the SJMSCP's Central/Southwest Transition Zone, the following SJMSCP incidental take avoidance and minimization measures shall be implemented for,all projects: Pre-construction surveys shall be conducted 2 weeks to 30 days before.commencem,ent of ground disturbance,. Surveys shall.be conductedby a qualified,biologist.. If the surveys identify potential dens(potential dens are defined as burrows at least 4 inches in diameter that open up within 2 feet), potential den entrances shall be dusted f9r.3 calendar days to register track of any San Joaquin kit fox present. If no San Joaquin kit fox activity is identified, potential dens may be destroyed. If San Joaquin_ kit fox activity is identified, then dens shall be monitored to determine if occupation is by an`adult fox only or is a natal den (natal dens usually have multiple openings). If the den is occupied by an adult only, the den may be destroyed when the adult fox has moved or is temporarily absent. if the den is a natal den, a buffer zone of 250 feet shall be maintained around the den until the biologist determines that the den has been vacated. Where San Joaquin kit fox are identified, the provisions of the Standardized Recommendations for Protection of the San Joaquin Kit Fox before or during Ground Disturbance(USFWS 1999b)shall apply(except that pre-construction survey protocols shall remain as established in the above paragraph). These standards include provisions for educating construction workers regarding the kit fox, keeping heavy equipment operating at safe speeds, checking construction pipes for kit fox occupation during construction, and similar low-or no-cost activities. (MM 4.10-9) Timing: The applicant shall submit a biologist's report of pre-construction surveys to the San Joaquin County Community Development Department(CDD)prior to the issuance of grading permits for the project. 35. Biological Resources Effects from Off-Site Infrastructure Improvements: For those off-site improvements proposed in San Joaquin County, the developer shall implement Mitigation Measures 4.10-5, 4.10-6, 4.10-7, 4.10-9, and 4.10-10. 36. Endangered Species Act: In carrying out the operations of the Tentative Map, the applicant shall take no action that violates the California Endangered Species Act or the Federal Endangered Species Act. Compliance with said laws shall be the sole responsibility of the applicant and the applicant agrees to indemnify, defend and hold the County harmless from and against any claim or action by affected State agencies,or affected Federal agencies or other third party, as to the project's compliance with said laws. Timing: Improvement Plans prior to Final Maps and ongoing. 37. Wetlands Mitigation.The applicant shall submit a Wetland Mitigation/Replacement Plan ('Welland Plan") for the elimination of the wetland on the site of the proposed project. The Plan shall be prepared by a qualified biologist and shall be subject to the following provisions: a. There shall be no degradation of the habitat or numbers of any rare, threatened, or endangered plan, or animal species as a result of the project. b. Wetland habitat of superior quantity and superior or comparable quality will be created or restored to compensate for the loss (General Plan Policy VI, G, 1). Replacement vegetation generally shall be native vegetation (General Plan, Volume 1, Policy VI, G, 15). c. 1.02 acres of wetland will be filled as a result of the project(Draft Wetland Delineation Report Golden State Investments ll, LP Property February 2006). The applicant shall 10