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leave nests. This setback applies whenever construction or other ground-disturbing activities must begin during the nesting season in the presence of nests that are known to be occupied. Setbacks shall be marked by brightly colored temporary fencing. California Horned Lark and Tricolored Blackbird. If project construction begins during the nesting season (April 1—August 31), pre-construction surveys shall be conducted during the nesting season in suitable nesting habitat within 500 feet of areas of project activity. A setback of 500 feet from California horned lark and tricolored blackbird nesting areas shall be established and maintained during the nesting season for the period encompassing nest building and continuing until fledglings leave nests. This setback applies whenever construction or other ground-disturbing activities must begin during the nesting season in the presence of nests that are known to be occupied. Setbacks shall be marked by brightly colored temporary fencing. (MM 4.10-7) 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. 13. Conversion of San Joaquin Kit Fox Habitat: Because the entire College Park site is located within the SJMSCP's Central/Southwest Transition Zone, the following SJMSCP incidental take avoidance and minimization measures shall be implemented for all projects: Pre-construction surveys shall be conducted 2 weeks to 30 days before commencement of ground disturbance. Surveys shall be conducted by a qualified biologist. If the surveys identify potential dens (potential dens are defined as burrows at least 4 inches in diameter that open up within 2 feet), potential den entrances shall be dusted for 3 calendar days to register track of any San Joaquin kit fox present. If no San Joaquin kit fox activity is identified, potential dens may be destroyed. If San Joaquin kit fox activity is identified, then dens shall 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. 14. Biological Resources Effects from Offsite Infrastructure Improvements: For those off- site improvements proposed in San Joaquin County, the developer shall implement Mitigation Measure 4.10-5, 4.10-6, 4.10-7, 4.10-9, and 4.10-10. 15. 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. 34