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Staff Recommended Condition of Approval: 29. A plan shall be prepared in consultation with, and shall meet the approval of, the DFG which will ensure a highly productive foraging habitat in perpetuity for Swainson's hawk. The habitat protection, replacement,a nd management plan shall comply with the DFG's "Mitigation Guidelines for Swainson's Hawks in the Central Valley of California(1992)", providing any replacement foraging habitat as close to the site as possible. Replacement habitat could be established by obtaining a conservation easement over suitable agricultural lands, specifying acceptable and unacceptable crop types, prohibiting rodent control, and possibly including management requirementsfor habitat enhancement such as planting and maintenance of fence rows. Pursuant to Section 2081 of the State Fish and Game Code, a take permit for loss of Swainson's hawk habitat shall be obtained by the applicant and copy of the fully executed habitat management agreement with the DFG shall be submitted to the San Joaquin County Community Development Department prior to the issuance of any grading permits. Amended Condition of Approval: In carrying out the operations of the project, applicant shall take no actions which violate the provisions of the California Endangered Species Act or any other laws or regulations pertaining to the protection of the Swainson's hawk. Compliance with said laws shall be the sole responsibility of the applicant, and applicant agrees to indemnify, defend and hold the county harmless from and against any claim or action by affected state agencies as to the project's compliance with said laws. New Condition of Approval: 30. Developer will pay fees to the affected school district according to the provisions of S131 287. 6