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$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 Swainson Hawk HMP and Mountain House Master Plan. Timing:condition shall be met prior to issuance of grading permits. [Mit Neg Dec COA BIO-1, SU-98-04 COA if] 33. Preconstruction Surveys and Incidental Take Avoidance Measures: A preconstruction survey consistent with the requirements of SJMSCP,Master Plan Appendix 7-C and protocols established by State and Federal Wildlife Agencies shall be conducted within two calendar weeks prior to ground disturbance to cover kit fox as well the remainder of the covered species. The pre-construction surveys shall be conducted by a qualified biologist.All applicable Incidental Take Avoidance Measures described in Section 5.2 of the SJMSCP and the preconstruction surveys shall be implemented. Timing:condition shall be met prior to issuance of grading permits. [Mit Neg Dec COA BIO-1, SU-98-04 COA Id,e] 34. Biotic Habitat-Infrastructure: Any and all legally required permits and approvals shall be obtained 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 detention basins on the inboard side of the river levee. Timing: Improvement plans, condition shall be met prior to issuance of first Final Map. [project proposal,Mit Neg Dec COA BI04] CULTURAL RESOURCES 35. Construction/grading activities: If, during the course of any grading activity or construction, subsurface archaeological features are uncovered anywhere within the project site, work shall be immediately halted in the vicinity of the find and a qualified archaeologist shall be consulted for an onsite evaluation. Such evaluation may entail archaeological test excavation and/or mitigative data recovery. 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 site 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. [Development Title Chapter 9-1053M, Mit Neg Dec COA Cult-1, SU-98-04 COAs lg,-i.] II. COUNTY COUNSEL (Staff Contact: Mike McGrew, 468-2980) 36. HOLD HARMLESS PROVISION: Pursuant to Section 66474.9 of the Government Code, the subdivider shall defend, indemnify, and hold harmless the local agency or its 09/29/00 7