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(2) A note shall be placed on the Final Map and a separate instrument shall be recorded for Lots 19- 37 that prior to any issuance of building permits, grading, disturbance or Construction a permit may be required from the Department of the Army Corps of Engineers. 5. SAN JOAQUIN COUNCIL OF GOVERNMENTS: (Staff Contact, Erin Sickler 468-3913) a. ENDANAGERED SPECIES/ANIMAL LIFE; The following measures shall apply for incidental take minimization measures: (1) Within 30 days of filing a Notice of Completion with the State Clearinghouse or prior to commencing ground disturbance, whichever occurs first: A Pay a fee of $78,872.84 to SJCOG, Inc. for the removal of 8 acres of Natural Lands at a cost of$1,819.00 per acre and 70.76 acres of Multi Purpose Open Space Lands at a cost of$909.00 per acre. (2) Prior to commencing ground disturbance and/or during project construction_ A. For Swainson's hawk, if a nest tree becomes occupied during construction activities, then all construction activities shall remain a distance of two times the drip line of the tree, measured from the nest. If the Project Proponent elects to remove a nest tree, then nest trees may be removed between September 1 and February 15, when nests are unoccupied. B. For white-tailed kite, preconstruction surveys shall investigate all potential nesting trees on the project site (e.g, tree tops 15-59 feet above the ground in oak, willow, eucalyptus, cottonwood, or other deciduous trees) and during the nesting season (February 15 to September 15) or whenever white-tailed kites are noted on site or within the vicinity of the project site during the nesting season. 6. COUNTY COUNSEL a 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 agents, officers, and employees from any claim, action, or proceeding against the local agency or its agents, officers, or employees to attack, set aside, void, or annul an approval of the local agency, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time provided for in Section 66499.37 of the Government Code. 7 PACIFIC GAS AND ELECTRIC (Staff Contact: Derrick Hallum, 942-1553) a. Ten-foot-wide public utility easements shall be dedicated along all street frontages of the subdivision, except where block walls are designated to be installed on the property lines. 8. COUNTY PARKS AND RECREATION (Staff Contact: Jeff Smith, 953-8800) a. The collection of in-lieu fees for park development is required for any new residential lots created in this subdivision. (County Ordinance No 9-1230-8) . t , Conditions of Approval - 8 - PA-0400074