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Timing:The developer(s)shall provide a letter from EHD or other proof to CDD as evidence <br /> that the remediation of the site has been completed. Said letter or proof shall be provided <br /> prior to CDD's and MHCSD's approval of applicable Improvement Plans. <br /> 23. Hazardous Waste: Handling, use and storage of hazardous chemicals or materials <br /> including, but not limited to, asbestos shall be carried out in compliance with all applicable <br /> safety standards and coordinated County programs. Applicable standards shall be made part <br /> of the construction specifications for contractors. <br /> Timing: Inclusion of note on Improvement Plans approved by San Joaquin Valley Unified Air <br /> Pollution Control District and MHCSD prior to approval of Final Maps. <br /> BIOLOGICAL RESOURCES <br /> 24. Participation in HCP: The developer(s)of the Tentative Map shall request coverage under <br /> the San Joaquin Multi-Species Habitat Conservation and Open Space Plan('SJMSCP"); pay <br /> the applicable SJMSCP fee, as determined by the San Joaquin Council of Governments <br /> ("SJCOG"), for each acre of land converted to urban use;and comply with the Incidental <br /> Take Minimization Measures defined in Section 5.2 of the SJMSCP, including pre- <br /> construction surveys for special-status species, as well as measures to prevent and control <br /> ground squirrel occupation of the site early in the planning process. <br /> Timing:The applicant shall submit to CDD a biologist's report of pre-construction surveys and <br /> evidence of payment of SJMSCP fees to SJCOG prior to the issuance of grading permits for <br /> the portion of the project being developed. <br /> 26. Loss or alteration of Jurisdictional waters: To determine whether the BBID irrigation canal <br /> (Canal 155)on the project site is included under the definition of"waters of the United States",' <br /> the developer shall obtain a formal Section 404 delineation of waters of the United States <br /> conducted by a qualified biologist. Said delineation shall be submitted to the United States <br /> Army Corps of Engineers(USACE)for verification. If, based on the verified delineation, it is <br /> determined that fill of waters of the United States would result from project development, <br /> authorization for such fill shall be secured from USACE via the Section 404 permitting process. <br /> The Department of Fish and Game(DFG)shall also be consulted to determine if a Streambed <br /> Alteration Agreement is required. If USACE does not take jurisdiction of the irrigation canal, the <br /> Regional Water Quality Control Board (RWQCB)shall be consulted to determine if a 401 Water <br /> Quality Certification is required.The acreage of waters of the United States that would be <br /> removed shall be replaced or restored/enhanced by the developers on a"no-net-loss" basis <br /> in accordance with USACE and DFG regulations. Habitat restoration, enhancement, or <br /> replacement shall be at a location and by methods agreeable to USACE and DFG, as <br /> determined during the CWA Section 404 and California Fish and Game Code Section 1602 <br /> permitting processes. <br /> Timing: Prior to the issuance of grading permits for the project. <br /> 27. Endangered Species Act: In carrying out the operations of each Tentative Map, the <br /> applicant shall take no action that violates the California Endangered Species Act or the <br /> Federal Endangered Species Act. Compliance with said laws shall be the sole responsibility <br /> of the applicant and the applicant agrees to indemnify, defend and hold the County harmless <br /> from and against any claim or action by affected State agencies, or affected Federal agencies <br /> or other third party, as to the project's compliance with said laws. <br /> Timing: Inclusion of the above language as a note on Improvement plans prior to Final Maps <br /> and ongoing. <br /> 6 <br />