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4 r (13) Employees shall be encouraged to ride share or carpool to the job site to reduce the amount of vehicle traffic to and from the project area. (14) During smog season (May through October), the construction period shall be lengthened to minimize the number of vehicles and equipment operating at the same level. (15) When available,clean diesel powered or electric equipment shall be utilized in lieu of gasoline powered engines. 5. - .U.S. FISH AND WILDLIFE SERVICE: (Staff Contact: Sheila Larson, (916) 979-2725) a. ENDANGERED SPECIES ACT: In carrying out the operation of the project, the applicant shall take no actions that violate the provisions of the State or Federal Endangered Species Actor any regulations promulgated pursuant thereto. 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 or Federal agencies as to the project's compliance with said laws. b. SAN JOAQUIN COUNTY MULTI-SPECIES HABITAT CONSERVATION AND OPEN SPACE PLAN. (SJMSCP): As an alternative to the preparation of a Separate HCP, the applicant may participate in and provide mitigation through the SJMSCP. S. STATE DEPARTMENT OF r=iSH AND GAME: (Staff Contact: Dan Gifford, 369-8851) a. Western Burrowing Within 60 days prior to the beginning of construction activities, or any project activity likely to impact the burrowing owl, the proponent shall retain a qualified biologist to conduct a pre-construction survey of the affected area. If active nesting sites are identified, the proponent shall develop and implement remedial programs in consultation with Fish and Game. If no active burrows are found during preconstruction surveys, a letter report documenting survey methodology and findings shall be submitted to the County and Fish and Game for review and approval, and no further mitigation will be required. -23-