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REVISED CONDITIONS OF APPROVAL FOR SU-00-03 32. Habitat Mitigation Fee: In anticipation of the Section 10(a)(1)(B)Permit issued by the United States Fish and Wildlife Service and the Section 2081 (b)Incidental Take Permit issued by the California Department of Fish and Game,Trimark Communities,its successors,agents and assigns shall comply with the "Implementation Agreement for the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan"(SJMSCP).This condition applies only to activities within the boundaries of the Subdivision Map(minus the Remainder Parcel)which are carried out in frill compliance with the Subdivision Map, Section 10(a)(1)(B)Permit and Section 2081(b)Incidental Take Permit Conditions. The SJMSCP Data Maps indicate that the 405 acres within the Subdivision Map are Agricultural Habitat Lands subject to the following fees which shall be paid prior to issuance of any grading permits within the SubdivisionMap area. If the SJMSCP permit fee paid exceeds the adopted fee,the difference ,vill be reimbursed. a) Prior to Issuance of SJMSCP Permits: $2,593/acre x 405 acres= $1,050,165.00 b) After Issuance of SJMSCP Permits: $1,500/acrex 405 acres= $607,500.00 The fee shall be placed into an interest bearing trust account of the County. Funds only under item b) above shall be transferred to the JPA for the SJMSCP once it has been established. The balance of funds in the trust account shall be reimbursed to the developer. If the SJMSCP is not adopted within 5 years of the date of approval of this Tentative Map or if the SJMSCP has been invalidated by any court of competent jurisdiction, then the fees collected above shall be used to reimburse the developer for acquiring appropriate mitigation consistent with HMP criteria contained in the Mountain House HMP and the Developer shall implement the HMP in accordance with its terms. Timing: condition shall be met prior to issuance of grading permits. [Mit Neg Dec COA BIO-1, SU-98-04 COA If] 34. Biology-Infrastructure: All legally required permits (not otherwise covered within the SJMSCP or, if applicable, the Mountain House HMP) shall be by the developer for infrastructure improvements serving Neighborhood F to meet requirements of the U.S. Army Corps of Engineers, California Department of Fish and Game and the California Regional Water Quality Control Board. In addition, Applicant shall incorporate Best Management Practices to control non-point sources of pollution and construct a detention basin north of Byron Road. Timing: Improvement plans, condition shall be met prior to issuance of first Final Map. [project proposal,Mit Neg Dec COA BIO-4]