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LSA Atmci.urt•tnc. <br /> Patterson Run. Therefore, there is no threat to this animal or its potential denning <br /> habitat at this time. The project proponent continues to implement the protection <br /> measures for kit foxes as stipulated in the Biological Opinion in a consistent and <br /> conscientious mannerand has maintained a high level of cornpliance with the protection <br /> measures during the project build-out. No take either by harassment or mortality has <br /> occurred during development of this site. LSAanticipates resuming weekly monitoring <br /> of the active development area as new construction begins(during the week of August <br /> 30, 1999). <br /> Full development of the Tristate-Cheng parcel will bring construction and earthmoving <br /> activities into the vicinity of Patterson Run and potential kit fox denning habitat. The <br /> reasonable and prudent measures to avoid and minimize incidental take as stipulated in <br /> the BO will be implemented (as described in detail on page 7 of the BO) during this <br /> development phase as they have been for all other phases. These measures include 1) <br /> fully implementing the Standardized Recommendations for the Protection of the San <br /> Joaquin Kit Fox,2)establishing exclusion zones in the vicinity of known kit fox dens, <br /> 3)conducting weekly compliance inspections and reporting results,4)excavating any <br /> known dens that cannot be avoided by hand after consultation and concurrence with <br /> FWS staff. Given the kit fox sighting described above,potential dens in Patterson Run. <br /> for the purposes of monitoring dens, establishing <br /> will be considered known dens <br /> exclusion zones,and excavating unavoidable dens. <br /> If you have any questions regarding this occurrence,please call me at(510)236-6310. <br /> Sincerely, <br /> ISA ASSOCIATES,ETC. <br /> Timothy Lacy <br /> Project Manager/Wildlife Biologist <br /> cc: P.Lang,ProLogis <br /> C.McCallum,Keir& Wright <br /> 2 <br /> 9r7199(P:\PL0930Ut1R fox sighting.wpd _ <br />