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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. 39. Biological Resources effects from Off-Site Infrastructure Improvements: San Joaquin County 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. 40. 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. AIR QUALITY 41. Temporary Construction Emissions: Implement the latest version of the SJVAPCD construction-emissions control measures during construction. [MM 4.12-1] Timing: Timing: Improvement Plans to included applicable requirements and shall be approved by SJVAPCD prior to construction and/or grading 42. Toxic Air contaminants—Mobile TAC Emissions: Applicants for industrial or commercial land uses shall coordinate with the SJVAPCD to assess situations in which toxic risk from diesel PM may occur and to review methodologies that may become available to estimate the risk.The developers shall implement any project-level measures adopted by the SJVAPCD to reduce mobile-source TACs emissions. [MM 4.12-2] Timing: A note shall be recorded on each parcel created for future commercial and industrial uses as part of the Final Map. 43. Long Term Regional Emissions: Implement all of the mitigation measures as recommended in the Guide for Assessing and Mitigating Air Quality Impacts(SJVAPCD 1998). (MM 4.12-5) Timing: Improvement Plans to be approved by SJVAPCD 11