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and mitigation measures specified in the pre-construction surveys will still apply. Any and all mitigation shall be further reviewed and approved by California Department of Fish and Game and the U. S. Department of Fish and Wildlife. e. BIOLOGICAL: The SJMSCP Data Maps indicate those 405 acres(651.5 acres minus the 246.5- acre remainder) of the subdivision are Agricultural Habitat Lands. Based on this, anticipated fees are as follows: FEES PRIOR TO ISSUANCE OF SJMSCP PERMITS: $2,593/ACRE X 405 ACRES= $1,050,165.00 FEES AFTER ISSUANCE OF SJMSCP PERMITS: $1,500/ACRE X 405 ACRES =$607,500.00 Consistent with the terms and conditions agreed to by the Planning Commission on the two treatment plants, and Trimark's acknowledgement of the risk in paying the lower fees prior to adoption of the SJMSCP, payment of fees totaling $607,500.00 shall be made prior to any site disturbance. If the SJMSCP permit fee paid exceeds the adopted fee, the difference shall be reimbursed. According to the interpretation provided on this site disturbance trigger, rough grading of the roadways as shown on the Subdivision Map will trigger the payment of the above fees. Payment of fees shall be deposited into the Community Development Department's trust account for the SJMSCP prior to SJMSCP adoption. Once the SJMSCP is adopted, there are options to bond for these fees, as specified in the Plan, but this is not an available option at this time. f. BIOLOGICAL: A preconstruction site survey is called for in the SJMSCP. All preconstruction surveys should be conducted two calendar weeks in advance of ground disturbance so that it will cover the Kit Fox as well as the remainder of the covered species. The results of this survey may add to the list of required Incidental Take Avoidance Measures included in the letter from Amy L. Augustine (dated April 8, 1999). Take avoidance measures for wetland species and habitat, as well as for the Elderberry Longhorn Beetle contained in this letter, appear not be applicable to this site and will only apply if discovered on the site by the biologist conducting the preconstruction survey. g. ARCHAEOLOGICAL: If, during the course of construction, subsurface historic archaeological features are identified, work shall be immediately halted in the vicinity of the finding and a qualified archaeologist consulted for an on-site evaluation. h. ARCHAEOLOGICAL: If artifacts or evidence of materials such as bone, shell, or non-native stone are uncovered during construction activities, work should be immediately halted in the vicinity of the finding and a qualified archaeologist consulted for an on-site evaluation. Such evaluation may entail archaeological test excavation and/or mitigative data recovery. i. ARCHAEOLOGICAL: The County Coroner, the Native American Heritage Commission, and an archaeologist shall be informed and consulted if a human prehistoric burial site is discovered during construction. An agreement shall be formulated between the Native American representative, the archaeologist, San Joaquin County, and the developer with regard to the proper treatment and disposition of human remains and associated artifacts. Such treatment and disposition may require archaeological excavation and reburial. j. LANDSCAPING: Edge treatments as specified in Section 4.3.3(c) of the Master Plan shall be installed when any portion of Mountain House Parkway is improved. Conditions of Approval -2 - SU-98-4